Equality Act 2010

104 Selection of candidates E+W+S

(1) This section applies to an association which is a registered political party.

(2) A person does not contravene this Part only by acting in accordance with selection arrangements.

(3) Selection arrangements are arrangements—

(a) which the party makes for regulating the selection of its candidates in a relevant election,

(b) the purpose of which is to reduce inequality in the party's representation in the body concerned, and

(c) which, subject to subsection (7), are a proportionate means of achieving that purpose.

(4) The reference in subsection (3)(b) to inequality in a party's representation in a body is a reference to inequality between—

(a) the number of the party's candidates elected to be members of the body who share a protected characteristic, and

(b) the number of the party's candidates so elected who do not share that characteristic.

(5) For the purposes of subsection (4), persons share the protected characteristic of disability if they are disabled persons (and section 6(3)(b) is accordingly to be ignored).

(6) Selection arrangements do not include short-listing only such persons as have a particular protected characteristic.

(7) But subsection (6) does not apply to the protected characteristic of sex; and subsection (3)(c) does not apply to short-listing in reliance on this subsection.

(8) The following elections are relevant elections—

(a) Parliamentary Elections;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) elections to the Scottish Parliament;

(d) elections to the National Assembly for Wales;

(e) local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (excluding elections for the Mayor of London).

Textual Amendments

F1 S. 104(8)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I1 S. 104 wholly in force at 1.10.2012; s. 104 not in force at Royal Assent see s. 216; s. 104 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(a) (with art. 15); s. 104 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(b)