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On 25 April the Equality and Human Rights Commission announced that it would undertake a public consultation on updates made to its statutory Code of Practice for services, public functions and associations, following the Supreme Court’s judgment in For Women Scotland v Scottish Ministers.

In light of the level of public interest, as well as representations from stakeholders in Parliament and civil society, the consultation period has been extended.

The following arrangements have now been confirmed: 

• The consultation will aim to launch 19 May and close on 30 June 2025.
• The consultation will focus on sections of the Code of Practice that required updating following the Supreme Court’s judgment. A draft of the full Code of Practice was consulted on between October 2024 and January 2025.
• The consultation will seek 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 2010. The Supreme Court made the legal position on the definition of sex clear, so the EHRC is not seeking views on those legal aspects.
• While the consultation is running, the EHRC will hold Q&A sessions with stakeholders representing affected protected characteristic groups. These meetings aim to answer questions on the EHRC’s understanding of the Supreme Court’s judgment, the consultation process, where views are being sought and what can and cannot be changed in the draft Code of Practice. Participants will still need to submit a consultation response. The EHRC will also meet with governments from across Britain and hold informative briefings for Parliamentarians.
• The EHRC will review responses received as part of the consultation and make necessary amendments to the Code of Practice. It will then be submitted to the Minister for Women and Equalities for approval and laying in Parliament.

Further information on the consultation and how it can be completed will follow when it launches.