Section 3: Certain Appointment Functions Outside the Employment Field
42.Section 4 of the 1976 Act covers discrimination against applicants and employees.
Section 76 of the 1976 Act covers discrimination in relation to government appointments where section 4 does not apply. Before the 2000 Act, section 76 was limited to appointments made by a Minister or government department. Section 3 of the 2000 Act inserts sections 76(3) to (15) into the 1976 Act to cover additionally appointments, dignities and honours made or conferred on the recommendation or with the approval of a Minister or government department. This includes, for example, appointments or conferrals by the Queen which are made on the recommendation of a Minister.
Sections 76(3) to (11)
43.New sections 76(3) to (11) make it unlawful for a Minister or government department to discriminate on race grounds in making a recommendation, or giving or refusing an approval, or making arrangements for determining who should be recommended or approved, for appointment to an office or post where section 4 of the Act does not apply, or for conferring dignities and honours.
Sections 76(12) to (15)
44.Sections 76(12) to (15) provide that the remedy for unlawful discrimination under sections 76(5), 76(9) and 76(11) is by way of an application to the High Court, or in Scotland the Court of Session.
