The parliamentary scrutiny period has now concluded and the Code has been issued in the same form as the draft laid before Parliament. The new Code will come into force on 5 August 2026, replacing the previous 2011 version.
As anticipated, the Code does not create new legal obligations. However, it provides important statutory guidance on how the Equality Act 2010 should be interpreted in the context of service provision and reflects legal developments since 2011, including the Supreme Court's decision in For Women Scotland v Scottish Ministers.
For organisations reviewing their approach to single-sex spaces and related policies, key considerations include:
- Review any policies and guidance relating to single-sex services and facilities to ensure they remain fit for purpose in light of the updated Code.
- Take a structured, proportionate and evidence-based approach when making decisions that may affect different groups in different ways.
- Keep a clear record of the rationale for decisions, particularly where competing rights and interests need to be balanced.
- Avoid a "one size fits all" approach; decisions should reflect the specific circumstances of the service, its users and operational considerations.
- Remember that the Code provides important statutory guidance, but compliance will continue to be judged against the Equality Act 2010 and the facts of each individual situation.
While the position on the Code's implementation is now settled, organisations grappling with the practical implications of single-sex services and facilities may find our earlier analysis of the key legal and operational considerations a useful starting point - Key considerations on single-sex spaces | DWF Group
If you need any assistance in relation to the Code and its implications please do not hesitate to get in touch.
