ABSTRACT
Section 34 of the RRA 1976 legitimises discriminatory provisions in charitable instruments unless the ground of the discrimination is colour, in which case the restriction is disregarded, thereby bringing a wider class of beneficiary within the scope of the instrument. The effect is to exclude charities defined by race, but to permit those defined by nationality or religion. However, s 34(3A)57 removes this exemption for charities to discriminate in employment. Section 43 of the SDA 1975 provides a similar exception for charitable instruments which only benefit members of one sex.58 If the purpose of the charity is itself to provide employment or, more likely, education – such as to the sons of Swansea solicitors – discrimination is permissible, but ss 78 and 79 provide a way of altering educational charities which discriminate on the basis of sex. Such charities may not, of course, discriminate as regards their own employees.
