PART IX

SUPPLEMENTAL

Other office holders
72ZA
1
It is unlawful for a relevant person, in relation to an appointment to an office or post to which this Article applies, to discriminate against a person on the grounds of race or ethnic or national origins—
a
in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;
b
in the terms on which he offers him the appointment; or
c
by refusing to offer him the appointment.
2
It is unlawful, in relation to an appointment to an office or post to which this Article applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person on the grounds of race or ethnic or national origins—
a
in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or
b
in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.
3
It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this Article applies, to discriminate against him on grounds of race or ethnic or national origins—
a
in the terms of the appointment;
b
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;
c
by terminating the appointment; or
d
by subjecting him to any other detriment in relation to the appointment.
4
It is unlawful for a relevant person, in relation to an office or post to which this Article applies, to subject to harassment a person—
a
who has been appointed to the office or post;
b
who is seeking or being considered for appointment to the office or post; or
c
who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post referred to in paragraph (8)(b).
5
Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of Article 7A (exception for genuine occupational requirement); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of Article 7A to refuse to offer the person such employment.
6
Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless—
a
that provision differs in a material respect from the provision of the benefits by the relevant person to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds; or
b
the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or
c
the benefits relate to training.
7
In paragraph (3)(c) the reference to the termination of the appointment includes a reference—
a
to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and
b
to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.
8
This Article applies to—
a
any office or post to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration; and
b
any office or post to which appointments are made by (or on the recommendation of or subject to the approval of) a Minister of the Crown, a Northern Ireland Minister (including the First Minister and deputy First Minister) or a government department,
but not a political office or a case where Article 6 (applicants and employees), 9 (contract workers), 12 (partnerships) or 26 (barristers) applies, or would apply but for the operation of any other provision of this Order.
9
For the purposes of paragraph (8)(a) the holder of an office or post—
a
is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;
b
is not to be regarded as entitled to remuneration merely because he is entitled to payments—
i
in respect of expenses incurred by him in carrying out the functions of the office or post, or
ii
by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.
10
In this Article—
a
appointment to an office or post does not include election to an office or post;
b
“political office” means—
i
any office of the House of Commons held by a member of it,
ii
a life peerage within the meaning of the Life Peerages Act 1958, or any office of the House of Lords held by a member of it,
iii
any office of the Assembly held by a member of it,
iv
any office of a council within the meaning of section 1(3) of the Local Government Act (Northern Ireland) 1972 held by a member of it, or
v
any office of a political party.
c
“relevant person”, in relation to an office or post, means—
i
any person with power to make or terminate appointments to the office or post, or to determine the terms of appointment,
ii
any person with power to determine the working conditions of a person appointed to the office or post in relation to opportunities for promotion, a transfer, training or for receiving any other benefit; and
iii
any person or body referred to in paragraph (8)(b) on whose recommendation or subject to whose approval appointments are made to the office or post;
d
references to making a recommendation include references to making a negative recommendation; and
e
references to refusal include references to deliberate omission.
SR 2003/341