C1Part 11Advancement of equality

Annotations:
Modifications etc. (not altering text)

Chapter 2Positive action

C2158Positive action: general

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If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.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