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Re: Does a charity count as public sector - in terms of the Equality Act?

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From: Steve Green
Date: Jul 31, 2020 3:48AM

We have had a lot of enquiries from charities who have been advised that they come under the PSBAR because of the amount of public sector funding they receive. The regulations at https://www.legislation.gov.uk/uksi/2018/952/made state:



"public sector body" means—

(a) the State;

(b) regional or local authorities;

(c) bodies governed by public law; or

(d) associations formed by one or more of the authorities in paragraph (b) or one or more of the bodies in paragraph (c), if those associations are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;



and



"bodies governed by public law" means bodies that have all of the following characteristics—

(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

(b) they have legal personality; and

(c) they have any of the following characteristics—

(i) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law;

(ii) they are subject to management supervision by those authorities or bodies;

(iii) they have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;



It all hinges on the phrases (i), (ii) and (iii). If they meet any one of those, the regulations apply.



They should know if (ii) or (iii) apply, and it should not be difficult for them to work out if more than 50% of their annual funding comes from the State, regional or local authorities, or by other bodies governed by public law.



Steve Green

Managing Director

Test Partners Ltd