The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026

The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026 is poised to bring into force the updated Code of Practice issued by the Equality and Human Rights Commission (EHRC). This revised Code provides crucial guidance for service providers, public bodies, and associations on complying with their duties under Parts 3 and 7 of the Equality Act 2010. A significant update within the Code clarifies the interpretation of "sex" as biological sex, reflecting the UK Supreme Court's 2025 ruling in *For Women Scotland Ltd v The Scottish Ministers*. The Code, once commenced, will serve as an authoritative, though non-binding, reference for legal proceedings, offering practical examples and detailed explanations on preventing discrimination, harassment, and victimisation across all nine protected characteristics, with particular emphasis on single-sex services.

The landscape of equality law in Great Britain is set to receive significant clarification with the impending commencement of the Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026. This Order will activate the updated Code of Practice on Services, Public Functions and Associations, a pivotal document drafted by the Equality and Human Rights Commission (EHRC). Laid before Parliament on 21 May 2026, the Code is currently undergoing a 40-day review period, after which, if not disapproved, the government will appoint a date for its entry into force.

This development is of paramount importance for practising attorneys and legal professionals advising clients across various sectors, including private businesses, public authorities, and membership organisations. The updated Code aims to provide comprehensive guidance on how these entities can meet their obligations under Parts 3 and 7 of the Equality Act 2010, which pertain to the provision of services, the exercise of public functions, and the operation of associations. Its commencement will solidify the legal framework for addressing discrimination, harassment, and victimisation, particularly in light of recent judicial interpretations of key statutory terms.

The Equality Act 2010 (EqA) is the cornerstone of anti-discrimination law in Great Britain, consolidating and replacing previous disparate legislation. Its overarching purpose is to protect individuals from discrimination, harassment, and victimisation based on nine 'protected characteristics': age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act imposes duties on various entities, including service providers, public authorities, and associations, to ensure equality of opportunity and to foster good relations.

Codes of Practice, such as the one subject to this Commencement Order, are issued by the EHRC under its powers derived from the Equality Act 2006. These Codes are statutory instruments, meaning they have been approved by the Secretary of State and formally laid before Parliament. While they do not, in themselves, impose legal obligations or constitute an authoritative statement of the law (that being the prerogative of courts and tribunals), they are admissible in evidence in legal proceedings brought under the Act and must be taken into account by courts and tribunals where relevant. The previous Code of Practice on Services, Public Functions and Associations was issued in 2011, and the current update reflects significant developments in legislation and case law since then.

The updated Code of Practice specifically addresses duties arising under Part 3 of the Equality Act 2010, concerning the provision of services (which includes goods and facilities) and the exercise of public functions, and Part 7, relating to associations. Part 3 makes it unlawful to discriminate against or harass a person because of a protected characteristic when providing services or exercising public functions, and imposes a duty to make reasonable adjustments for disabled people. However, it contains certain limitations, notably not applying to age for persons under 18, or to marriage and civil partnership. Similarly, Part 7 prohibits discrimination, harassment, and victimisation by associations with 25 or more members, but does not make it unlawful to discriminate or harass based on marriage or civil partnership, nor does it prohibit harassment based on religion or belief or sexual orientation.

A central and highly anticipated aspect of the revised Code is its guidance on the protected characteristic of 'sex', particularly concerning single-sex and separate-sex services. The Code explicitly incorporates the UK Supreme Court's 2025 decision in *For Women Scotland Ltd v The Scottish Ministers* [2025] UKSC 16, which clarified that 'sex' under the Equality Act 2010 refers to biological sex. Consequently, the Code advises that where service providers offer single-sex or separate-sex services, these should be based on biological sex, and trans people should generally not be permitted to access services intended for the opposite sex. It further clarifies that holding a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act 2010.

The Code introduces a proportionality assessment for service providers, requiring them to balance legitimate aims (such as privacy, dignity, or safety) against the impact on affected groups, including trans individuals, when considering exclusions from single-sex services. It also provides guidance on other areas, including protections for women experiencing menopause, clarification on breastfeeding, and updates reflecting the legalisation of same-sex marriage. While the Code does not introduce new law, its detailed explanations and practical examples are designed to assist service providers, legal advisers, and courts in interpreting and applying the Equality Act 2010, ensuring compliance and promoting equality of opportunity.

However, the implementation of this updated Code is not without its complexities. The emphasis on biological sex in single-sex services marks a significant shift from previous EHRC guidance and may necessitate a review of existing policies and practices across numerous organisations. While the Code aims for clarity, the application of proportionality assessments in diverse real-world scenarios may still present challenges, requiring careful legal interpretation and potentially leading to further litigation as new precedents are set. The Code also advises sensitivity when asking about someone's sex at birth, cautioning against unnecessary or unjustified enquiries that could risk discrimination or harassment.

The forthcoming commencement of the Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026 represents a critical juncture for equality law in Great Britain. For practitioners, the immediate implication is the necessity to thoroughly review and update client policies, procedures, and training materials to align with the revised Code of Practice. Particular attention must be paid to the detailed guidance on single-sex and separate-sex services, and the interpretation of 'sex' as biological sex, which will have far-reaching consequences for service provision and public functions.

Legal professionals should advise clients to conduct comprehensive audits of their current practices to ensure compliance, paying close heed to the proportionality assessments required for any restrictions on access to services. While the Code itself does not create new legal obligations, its statutory status means it will be a crucial reference point in any discrimination claims. Practitioners should closely monitor any further guidance from the EHRC and be prepared for potential challenges and evolving case law as the updated Code is applied in practice. Proactive engagement with the Code's provisions will be essential to mitigate legal risks and ensure adherence to the Equality Act 2010.