Question

To ask the Minister for Women and Equalities, with reference to Chapter 13 of the Equality Act 2010 Code of Practice for Services, Public Functions and Associations 2026, which paragraphs provide operational guidance on the specific circumstances in which exclusion of a trans person would be disproportionate and therefore unlawful; and how does these relate to guidance elsewhere in Chapter 13 on the circumstances in which exclusion would be lawful.

The EHRC's draft Code says that service providers should consider whether the impact on those excluded from a separate or single-sex service outweighs the benefits of achieving the legitimate aim.

It is for service providers to read the draft Code's guidance together and consider how it applies to their specific set of circumstances. If they are still unsure, they should seek their own legal advice.