4 Consideration of candidates S

This section has no associated Explanatory Notes

(1)The appointing person must determine whether any particular candidate is best qualified for the appointment.

(2)If no particular candidate is best qualified for the appointment, the appointing person must identify candidates it considers are equally qualified.

(3)Subject to subsection (4), the appointing person must give preference to a candidate identified under subsection (2) who is a woman if appointing that candidate will result in the board achieving (or making progress towards achieving) the gender representation objective.

(4)The appointing person—

(a)must consider whether the appointment of a candidate identified under subsection (2) who is not a woman is justified on the basis of a characteristic or situation particular to that candidate, and

(b)if so, may give preference to that candidate.

(5)In subsection (4), “characteristic” includes a protected characteristic (within the meaning of section 4 of the Equality Act 2010).