Disapprove the draft Equality Act 2010 guidance laid on 21 May 2026

I want the House of Commons to disapprove the Equality Act 2010: Draft Code of Practice for services, public functions and associations, 2026 laid on 21 May 2026.

We are concerned that the guidance published on 21 May 2016 could lead to women being excluded from women's spaces based on their appearance. We think that the guidance will make it harder for trans people to participate in sport as either gender, and that it can limit trans people from accessing toilets and other facilities that match their acquired gender. I therefore think the House of Commons should disapprove this draft guidance.

The Equality and Human Rights Commission (“EHRC”) has developed a revised Code of Practice for Services, Public Functions and Associations (“the Code”). This Code provides guidance for duty bearers on how to comply with the 2010 Act. If a service provider is still unsure, they should seek legal advice. The Code covers discrimination, harassment and victimisation in services, public functions and associations across all protected characteristics.

The Code was laid before Parliament on 21st May, to allow for a period of Parliamentary scrutiny. That period ended on 9th July, as laid out in the Equality Act 2006. As Parliament did not disapprove the draft Code, the new Code was brought in through the process required by the Equality Act 2006 from 5 August.

With regards to women being excluded from spaces based on appearance; the Code explains that it’s not always possible to be sure of someone's sex based on their appearance. Whether it is necessary and proportionate for providers to ask someone about their sex will depend on the specific circumstances. As for trans people accessing toilets and facilities, the Code is clear that trans people should not be left without access to services or facilities. Whilst the Code indicates that toilets designated as male or female should be for those of that sex, for trans people who don’t feel comfortable using toilets in line with their sex, providers may have other facilities open to them, such as accessible toilets or self-contained lockable toilets - which anyone can use. In places, like cafes, where there are just one or two toilets for both men and women, anyone can use them. The Code is clear that there should be toilet provision for everyone.

With regards to sport, everyone should be able to enjoy the physical and mental health benefits of sport, and to participate in a way that ensures they feel safe. The Code allows for restrictions in sports in "gender-affected activities". Gender-affected activities apply to any sport where the physical strength, stamina, or physique of an average person of one sex would put them at a disadvantage against the other. Organisers should consider if there are other ways to include trans people, such as "Open" or "Mixed-Sex" categories, rather than total exclusion from the sport entirely. Beyond the Code, this Government wants to ensure that all LGBT+ people are safe, included, and protected from discrimination. We have published a draft bill to ban conversion practices, offering protection from these abusive practices. The NHS has commissioned its first ever review to tackle health inequalities experienced by LGBT+ people led by Dr Michael Brady, including access to mental health care, cancer screening and primary care services. The review will be published later this year. Additionally, we have recently enacted stronger legislation to tackle hate crimes based on transgender identity, sexual orientation, and sex, making all existing strands of hate crime an aggravated offence.

Cabinet Office