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Equality Bill [HL]

moved Amendment No. 159:"Page 36, line 37, at end insert—" ““(1A)   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.”” The noble Baroness said: My Lords, Amendment No. 159 introduces an exception to enable the charity regulators in England, Wales and Scotland to undertake their functions in respect of charities effectively. The amendment ensures that the Charity Commissioners and the Office of the Scottish Charity Regulator will be able to perform their functions in the best interests of the charity concerned, even if that should involve discrimination. For example, if the regulator needs to appoint a new trustee for a religious charity, they may feel it better to appoint someone who shares the religious belief of the charity concerned over someone with equal qualifications in other areas but who is of another religion or belief. It is right that they should be able to do so without arousing an allegation of discrimination under this part. This is a limited exemption which will not protect the commissioners or the OSCR in their other functions—for example, in the management of their offices or in procurement—and I hope that noble Lords will agree that it is appropriate. I beg to move. On Question, amendment agreed to. Clause 61 [Faith schools, &c]: