Section 104 — Equality Act 2010: Selection of candidates

Selection of candidates 104 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;

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).