Explanatory note

This Order amends section 43 of the Sex Discrimination Act 1975. This section provides that nothing in Parts II to IV of the Act shall affect, or render unlawful an act done to give effect to, a “charitable instrument”; this expression is differently defined for England and Wales and for Scotland, having regard to differences in the law relating to charities. The definition for Scotland, however, is somewhat more restrictive than that for England and Wales, in particular, it does not cover a provision for charitable purposes contained in a will.

The amendment redefines “charitable instrument” and widens the expression so far as Scotland is concerned; the new definition is the same as that used in section 34 of the Race Relations Act 1976 (c. 74).