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(1)Subsection (2) applies where there is—
(a)a vacancy in a position of non-executive member of a public board,
(b)more than one candidate for the position,
(c)at least one candidate who is a woman, and
(d)at least one candidate who is not a woman.
(2)The appointing person must, in making the appointment to fill the vacancy, act in accordance with section 4 with a view to achieving (or making progress towards achieving) the gender representation objective immediately after the appointment takes effect.
(3)When an appointing person is making more than one appointment—
(a)both or all of those appointments must be taken into account in identifying the number of non-executive members, and
(b)the appointing person must act with a view to achieving (or making progress towards achieving) the gender representation objective immediately after all of those appointments have taken effect.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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