A provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined by reference to colour shall have effect for all purposes as if it provided for conferring the like benefits—
(a) on persons of the class which results if the restriction by reference to colour is disregarded; or
(b) where the original class is defined by reference to colour only, on persons generally;
but nothing in this subsection shall be taken to alter the effect of any provision as regards any time before the coming into operation of this subsection.
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.
Subsection (2) applies to any provision which is contained in a charitable instrument (whenever that instrument took or takes effect) and which provides for conferring benefits on persons of a class defined otherwise than by reference to colour (including a class resulting from the operation of subsection (1)).
subsection (2)(b) does not apply to an act which is unlawful, on grounds of race or ethnic or national origins, by virtue of section 4 or 7.
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 Education (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.