Charities18

1

Nothing in these Regulations shall make it unlawful for a person to provide benefits only to persons of a particular sexual orientation, if—

a

he acts in pursuance of a charitable instrument, and

b

the restriction of benefits to persons of that sexual orientation is imposed by reason of or on the grounds of the provisions of the charitable instrument.

2

Nothing in these Regulations shall make it unlawful for the Charity Commission for England and Wales or the holder of the office of the Scottish Charity Regulator to exercise a function in relation to a charity in a manner which appears to the Commission or to the holder to be expedient in the interests of the charity, having regard to the provisions of the charitable instrument.

3

In this regulation—

  • “charitable instrument”–

    1. a

      means an instrument establishing or governing a charity, and

    2. b

      includes a charitable instrument made before these Regulations come into force; and

  • “charity”—

    1. a

      in relation to England and Wales, has the meaning given by the Charities Act 20069,

    2. b

      in relation to Scotland, means a body entered in the Scottish Charity Register10.