10Charities and support for particular groups of persons
(1)Nothing in this Part—
(a)affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or
(b)makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.
(2)Nothing in this Part prevents—
(a)a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or
(b)the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.
(3)In this section—
“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“charity” has the same meaning as in the [1993 c. 10.] Charities Act 1993;
“recognised body” means a body which is a recognised body for the purposes of Part I of the [1990 c. 40.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the [1944 c. 10.] Disabled Persons (Employment) Act 1944.
(4)In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.
(5)In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.