Part 2Discrimination on grounds of religion or belief

General exceptions

58Charities relating to religion or belief

(1)

Nothing in this Part shall make it unlawful for a person to provide benefits only to persons of a particular religion or belief, if—

(a)

he acts in pursuance of a charitable instrument, and

(b)

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

(2)

Nothing in this Part shall make it unlawful for the Charity Commissioners 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 Commissioners 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 section “charitable instrument”—

(a)

means an instrument establishing or governing a charity, and

(b)

includes a charitable instrument made before the commencement of this section.