41(1)In determining for the purposes of section 10(1) of this Act whether or not a person is a civil servant, ignore any appointment for which the person was selected in reliance on an exception made by the old commission (within the meaning of Part 3 of this Schedule) from a requirement for selection for the appointment to be on merit on the basis of fair and open competition.U.K.
(2)But the recruitment principles (within the meaning of Chapter 1 of this Part of this Act) may disapply sub-paragraph (1) in specified cases.
Commencement Information
I1Sch. 2 para. 41 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)
42U.K.For the purpose of determining whether a selection for an appointment complies with the requirement in section 10(2) of this Act in a case in which the selection process began before section 10(2) comes into force, account must be taken of anything done under or in relation to the selection process before section 10(2) comes into force.
Commencement Information
I2Sch. 2 para. 42 in force at 11.11.2010 by S.I. 2010/2703, art. 2(a)