We have opened a public consultation on updates we have made to our Code of Practice for services, public functions and associations, following the Supreme Court’s judgment of 16 April 2025 in For Women Scotland v Scottish Ministers.
Last year we ran a twelve-week consultation on wider revisions to the Code of Practice, made then to reflect a range of significant developments in legislation and case law since it was first published in 2011. In light of the Supreme Court’s consequential ruling, we have now opened a fresh consultation on a number of further updates.
The Supreme Court made the legal position on the definition of ‘sex’ in the Equality Act 2010 clear. Having incorporated it into the relevant sections of the Code, we are asking for views on whether these updates clearly articulate the practical implications of the judgment and enable those who will use the Code to understand, and comply with, the Equality Act.
We urge all interested parties to respond to the consultation over the next six weeks. Responses should be submitted using the online form on our website.
We will consider every response carefully and amend the draft Code where necessary.
The Code will then be submitted to the Minister for Women and Equalities for approval and laying in Parliament, before it acquires statutory status.
The consultation will close at 11:59pm on Monday 30 June 2025.
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