43 Charities.E+W+S
(1)Nothing in Parts II to IV shall—
(a)be construed as affecting a provision to which this subsection applies, or
(b)render unlawful an act which is done in order to give effect to such a provision.
(2)Subsection (1) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.
[F1(3)In this section “charitable instrument” means an enactment or other instrument passed or made for charitable purposes, or an enactment or other instrument so far as it relates to charitable purposes, and in Scotland includes the governing instrument of an endowment or of an educational endowment as those expressions are defined in section 135(1) of the M1Education (Scotland) Act 1962.
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.]