Equality Act 2010, section 193

Charities

Part 14 General exceptions

(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.

Definitions used in section 193 7

Charitable instrument

(4) “Charitable instrument” means an instrument establishing or governing a charity (including an instrument made or having effect before the commencement of this section).

Defined in s.194(4) · see it in the full Act
contravention of this Act

(9)A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary.

Defined in s.212(9) · see it in the full Act
Supported employment

(7) “Supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act 1944 .

Defined in s.194(7) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations;

Defined in s.212(1) · see it in the full Act
employment

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · see it in the full Act
Charity

(3) “Charity”—

(a)in relation to England and Wales, has the meaning given by section 1(1) of the Charities Act 2011 ;

(b)in relation to Scotland, means a body entered in the Scottish Charity Register.

Defined in s.194(3) · see it in the full Act
Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act

Cases considering section 193 5

For Women Scotland Ltd v The Scottish Ministers

[2025] UKSC 16 · 16 April 2025Interprets

Charities may proportionately restrict benefits to persons sharing a protected characteristic or to remedy linked disadvantage. The provision permits charities directed to the needs of biological women. (see paras [230]-[231])

R v Hackney London Borough Council and another

[2020] UKSC 40 · 16 October 2020Interprets

Requires a person restricting charitable benefits to act in pursuance of a charitable instrument. Together with charity law’s public-benefit requirements, it supplies a substantive safeguard within the exemption (see paras [95]; [103]-[110]). The requirement that the association act in pursuance of its charitable instrument was common ground and incorporated the safeguards of the charitable public-benefit regime (see paras [95]; [103]-[104]). Provides a charitable exemption where restricted benefits are a proportionate means of achieving a legitimate aim. The allocation policy satisfied it under conventional proportionality analysis (see paras [66]; [72]-[88]; [117]). Creates a distinct exemption for benefits intended to prevent or compensate for disadvantage linked to a protected characteristic. It contains no additional case-specific proportionality requirement; Parliament itself struck the proportionate balance (see paras [95]-[115]; [117]).

Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor

[2019] EWCA Civ 1099 · 27 June 2019Interprets

The housing association acted pursuant to its charitable instrument and therefore did not contravene the Act by restricting benefits in accordance with section 193(2)(b) (see paras [56]; [62]). This paragraph permits a charitable restriction that is a proportionate means of achieving a legitimate aim. It is an alternative to paragraph (b), not a qualification upon it (see paras [53]; [56]-[62]). The paragraph establishes an alternative charitable-benefit exception where benefits are restricted to prevent or compensate for characteristic-linked disadvantage. It contains no proportionality or comparative-disadvantage assessment (see paras [53]-[62]).

What each judgment says about section 193 is in the case-law panel in the full Act.

Explanatory note

608.This section allows charities to provide benefits only to people who share the same protected characteristic (for example sex, sexual orientation or disability), if this is in line with their charitable instrument and if it is objectively justified or to prevent or compensate for disadvantage. It remains unlawful for them to limit their beneficiaries by reference to their colour – and if they do their charitable instrument will be applied as if that limitation did not exist.

609.Charities must not restrict benefits consisting of employment, contract work or vocational training to people who share a protected characteristic, except that the section does allow people to provide, and the Government to agree, arrangements for supported employment only for people with the same disability, or disabilities of a description to be set out in regulations.

610.The section also allows certain charities to make acceptance of a religion or belief a condition of membership, and to refuse members access to benefits if they do not accept a religion or belief where membership itself is not subject to such a condition, if they have done so since before 18 May 2005. It also allows single-sex activities for the purpose of promoting or supporting a charity (such as women-only fun-runs), and allows the charity regulators to exercise their functions in a charity’s interests, taking account of what is said in its charitable instrument, without contravening the Act.

611.This section replaces and harmonises separate exceptions in previous legislation allowing charities to benefit only people of the same sex, racial group, religion or belief or sexual orientation, and creates new exceptions along these lines for charities benefiting only people of the same age group or with the same disability. This section also replicates the effect of other exceptions for charities in previous discrimination law, and creates a new exception in subsection (7) allowing participation in activities to promote or support charities to be restricted to men or women.

All the explanatory notes for the Act