Section 193 — Equality Act 2010: Charities

Charities 193 1 A person does not contravene this Act only by restricting the provision of benefits to persons who share a protected characteristic if—

a the person acts in pursuance of a charitable instrument, and b the provision of the benefits is within subsection (2).

2 The provision of benefits is within this subsection if it is—

a a proportionate means of achieving a legitimate aim, or b for the purpose of preventing or compensating for a disadvantage linked to the protected characteristic.

3 It is not a contravention of this Act for—

a a person who provides supported employment to treat persons who have the same disability or a disability of a prescribed description more favourably than those who do not have that disability or a disability of such a description in providing such employment;

b a Minister of the Crown to agree to arrangements for the provision of supported employment which will, or may, have that effect.

4 If a charitable instrument enables the provision of benefits to persons of a class defined by reference to colour, it has effect for all purposes as if it enabled the provision of such benefits—

a to persons of the class which results if the reference to colour is ignored, or b if the original class is defined by reference only to colour, to persons generally.

5 It is not a contravention of this Act for a charity to require members, or persons wishing to become members, to make a statement which asserts or implies membership or acceptance of a religion or belief; and for this purpose restricting the access by members to a benefit, facility or service to those who make such a statement is to be treated as imposing such a requirement.

6 Subsection (5) applies only if—

a the charity, or an organisation of which it is part, first imposed such a requirement before 18 May 2005, and b the charity or organisation has not ceased since that date to impose such a requirement.

7 It is not a contravention of section 29 for a person, in relation to an activity which is carried on for the purpose of promoting or supporting a charity, to restrict participation in the activity to persons of one sex.

8 A charity regulator does not contravene this Act only by exercising a function in relation to a charity in a manner which the regulator thinks is expedient in the interests of the charity, having regard to the charitable instrument.

9 Subsection (1) does not apply to a contravention of—

a section 39;

b section 40;

c section 41;

d section 55, so far as relating to the provision of vocational training.

10 Subsection (9) does not apply in relation to disability.