Section 158 — Equality Act 2010: Positive action: general

Positive action: general 158 1 This section applies if a person (P) reasonably thinks that—

a persons who share a protected characteristic suffer a disadvantage connected to the characteristic, b persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or c participation in an activity by persons who share a protected characteristic is disproportionately low.

2 This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—

a enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage, b meeting those needs, or c enabling or encouraging persons who share the protected characteristic to participate in that activity.

3 Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.

4 This section does not apply to—

a action within section 159(3), or b anything that is permitted by virtue of section 104.

5 If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.

6 This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.