Part 11Advancement of equality
Chapter 2Positive action
158Positive action: general
1
This section applies if a person (P) reasonably thinks that—
a
persons who share a protected characteristic suffer a disadvantage connected to the characteristic,
b
persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or
c
participation in an activity by persons who share a protected characteristic is disproportionately low.
2
This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—
a
enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,
b
meeting those needs, or
c
enabling or encouraging persons who share the protected characteristic to participate in that activity.
3
Regulations may specify action, or descriptions of action, to which subsection (2) does not apply.
4
This section does not apply to—
a
action within section 159(3), or
b
anything that is permitted by virtue of section 104.
5
If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal.
6
This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.