Single-sex spaces guidance finally published more than a year after landmark Supreme Court ruling

Women and equalities minister Bridget Phillipson said that ruling had “made it clear that sex means biological sex” under the Equality Act, “and that trans people are still protected by the Act”.

The Government said the new code “gives organisations clear, workable guidance which will enable them to take a pragmatic approach to protecting and serving the needs of our society"

They have also said it will support service providers such as hospitals, cafes and leisure centres “in ensuring they can make practical, and ultimately sensible decisions for every day scenarios, such as toilet provision."

Trans rights activists have insisted trans people’s “participation in public life” must be protected, while women’s rights campaigners have said it must mark “an important turning point” in a long-running debate about sex and gender identity.

The code, which is more then 300 pages, covers nine protected characteristics including age, sex, disability, race and gender reassignment, and has been updated in full for the first time since 2011.

It is aimed at guiding businesses and other organisations such as leisure centres and hospitals on how they can follow equality law, including in provision of single and separate-sex services such as toilets and changing rooms.

The code now allows hospitals to lawfully provide single-sex wards which exclude trans patients of the opposite biological sex. The code states that hospitals can choose to provide a single-sex ward “for women patients to protect their safety, privacy and dignity”.

If they do, it has to be on the basis of the sex that patients were assigned at birth. Trans patients would be placed on a ward based on the sex they were born as rather than the gender they identify as.

Ministers had criticised the delay in publishing the code, but Ms Phillipson argued the Government was “taking the time to get this right” and said it was both important that “women have access to a single-sex provision” and that trans people “should be treated with dignity and respect”.

The Prime Minister’s spokesman reiterated this today, rejecting a suggestion it was choosing to publish on the last day before Parliament breaks up for recess in an attempt to bury bad news.

The Downing Street spokesman said: “No, as I said, we’ve been focused on getting it right and ensuring duty bearers are able to uphold the law.”

Ms Phillipson, in a written statement to Parliament, said: “The current Code was produced in 2011 and there have been significant developments since then, including the Supreme Court ruling in For Women Scotland, resulting in the EHRC wanting to update the Code.

“Following last year’s Supreme Court ruling, the draft Code’s content on sex and gender reassignment has changed substantially from the 2011 version.

“The ruling made it clear that sex means biological sex for the purposes of the Equality Act 2010 and that trans people are still protected by the Act under the protected characteristic of ‘gender reassignment’.”

She added: “This government is proud of the Equality Act 2010 and will protect and uphold it; this Code is an important step in ensuring that organisations across Great Britain have clear guidance regarding its implementation, protecting people’s rights across our country.”

The code of practice, which would apply across England, Scotland and Wales has now been laid before Parliament for scrutiny from both MPs in the Commons and peers in the Lords.

It will not be enacted for 40 days.

While a vote would not be required to enact the code and make it statutory, either House could pass a motion to reject it within that period.

EHRC chairwoman Mary-Ann Stephenson previously said no-one is expecting there to be “toilet police” and suggested organisations with self-contained male and female toilets could make them unisex.

The guidance states that it “may be legitimate” to ask someone to provide confirmation that they are of the “eligible sex”, but advises this “should be done as sensitively as possible, and must respect their privacy”.

It also confirms that trans people will not be allowed to compete in single-sex or separate-sex competitive sport based on their gender identity.

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