Equality Act 2010, section 194

Charities: supplementary

Part 14 General exceptions

(1)This section applies for the purposes of section 193.

(2)That section does not apply to race, so far as relating to colour.

(3) “Charity”—

(a)in relation to England and Wales, has the meaning given by [F248section 1(1) of the Charities Act 2011F248] ;

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

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

(5)The charity regulators are—

(a)the Charity Commission for England and Wales;

(b)the Scottish Charity Regulator.

(6)Section 107(5) applies to references in subsection (5) of section 193 to members, or persons wishing to become members, of a charity.

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

Definitions used in section 194 2

the Commission

“the Commission” means the Commission for Equality and Human Rights;

Defined in s.212(1) · 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 194 3

Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor

[2019] EWHC 139 (Admin) · 4 February 2019Interprets

The court held that section 194(2) did not prevent reliance on section 193 because the charitable instrument defined beneficiaries by Orthodox Jewish religion rather than colour. (see paras [85]-[92])

R v Hackney London Borough Council and another

[2020] UKSC 40 · 16 October 2020Disapplies

The restriction affecting charities which discriminate on grounds of colour did not apply because colour discrimination was no longer alleged (see paras [7]; [49]).

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

[2019] EWCA Civ 1099 · 27 June 2019Limits

Section 193 cannot justify racial discrimination so far as it relates to colour. This exclusion defeated the hypothetical example advanced to demonstrate absurdity (see paras [10]; [55]).

What each judgment says about section 194 is in the case-law panel in the full Act.

Explanatory note

612.This section makes it clear that section 193 does not allow charities to restrict their benefits to people because of colour.

613.It explains what is meant by “charity” and related expressions used in section 193.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F248Words in s. 194(3)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), ss. 354(1), 355, Sch. 7 para. 144