Equality Act 2010: Code of Practice

With permission, I would like to make a statement on the draft Equality Act 2010 code of practice for services, public functions and associations. The Equality and Human Rights Commission is the independent equality regulator, and it ensures compliance with the Equality Act 2010. Its code of practice covers all nine protected characteristics and the steps service providers should take to comply with the law. On receipt of the draft code from the EHRC in September, we consulted the devolved Governments in Wales and Scotland, per the process set out in the Equality Act 2006. The EHRC sent the Government an updated draft code last month, following engagement and further legal analysis, ensuring it is robust and accessible with clear explanations. The Minister for Women and Equalities updated Parliament in April, with the Government committed to laying the code in May following restrictions during the pre-election period. My right hon. Friend honoured that commitment on 21 May. The EHRC has worked hard to produce a code that works for everyone. Following the laying of the draft code, there is now a 40-day period, not including the recess, that allows for parliamentary scrutiny, as set out in the Equality Act 2006. If neither House disapproves the draft in this period, the Minister can then revoke the 2011 code by regulations and then bring the new code into force by a commencement order. Today, I want to update the House on the contents of the code, in particular what has changed between this draft code and the 2011 version. The updates are primarily where there have been legislative changes, developments in case law, a change or clarification of terminology, or new guidance issued since the original code was published in 2011. The most substantial changes relate to the ruling by the Supreme Court in the case of For Women Scotland Ltd v. The Scottish Ministers handed down on 16 April 2025. The judgment set out that sex means biological sex for the purposes of the Equality Act 2010, and that trans people are still protected by the Act.