24 September 2010

The Charity Commission, the independent regulator for charities in England and Wales, has produced guidance for charity trustees about a key section of the Equalities Act that may have implications for them.

The guidance, published ahead of the legislation coming into force on October 1st, is designed to complement the guidance already produced by the Government Equalities Office and the Equality and Human Rights Commission.

The guidance specifically covers the part of the Equalities Act dealing with the ability of a charity to limit the group of people whom it helps, as set out in the charity exemption in the Act. It explains what both existing charities and people seeking to register new charities need to know.

Where an existing or proposed restriction to a particular group of people on certain grounds is not based on the needs or disadvantages experienced by that group, charities will need a strong justification to continue with or include the restriction. This is because the Act prevents discrimination on certain grounds*. There are exemptions to this, including the charities exemption which the guidance covers.

More detailed guidance is to be published by the Charity Commission by the end of the year to look at particular issues that may affect a small number of charities.

Rosie Chapman, Director of Policy at the Charity Commission said;

"The general principle of fair and equal treatment for all applies to charities, however the law recognises that some charities are set up to help particular groups in society because of disadvantage or for clear social objectives. It therefore specifically allows charities in these circumstances to depart from the principle and the Commission's guidance summarises the position for charities. The Government Equalities Office and the Equality and Human Rights Commission have already produced useful guidance that charities can access. We believe our guidance will complement this."

The existing guidance is available on the Equalities Office website. The Charity Commission’s guidance is available on its website at www.charitycommission.gov.uk

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^{*The Act makes it illegal in many areas to discriminate against anyone on the grounds of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are known as ‘protected characteristics’. If the correct tests were met, a charity could discriminate on the basis of ethnicity, but not of colour.}

Notes to Editors

1. The Charity Commission is the independent regulator of charities in England and Wales. See www.charitycommission.gov.uk for further information or call our contact centre on 0845 300 0218.

2. Our mission is: to ensure charities’ legal compliance, enhance charities’ accountability, encourage charities’ effectiveness and impact and to promote the public interest in charity.