Part 14General exceptions
193Charities
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.