Trans women could be banned from female spaces 'based on how they look'

However, so far it has not been published by Minister for Women and Equalities Bridget Phillipson.

A copy of the final guidance, seen by The Times, suggested places such as hospital wards, gyms and leisure centres will be able to question transgender women over whether they should be using single-sex services based on how they look, their behaviour or concerns raised by others.

It continued if transgender people are excluded from a space, organisations should consider if there is a suitable alternative available.

The guidance warned it would not be proportionate to leave transgender people without essential services, such as access to toilets.

However, it warns in some cases that may not be possible due to the physical constraints of building space or high costs.

It also stated that transgender people could be barred from single-sex services even when their biological sex matches, for example if a transgender man attempted to use a women’s changing room, saying they can be barred because they are likely to be seen by others as the opposite sex.

The final code says it would "unlikely be proportionate or practical to ask for further evidence of a person’s sex" even if doubts were raised.

This contradicts a now removed a suggestion in an earlier draft that venues could, in "necessary and proportionate circumstances", demand to see a birth certificate or gender recognition certificate (GRC) if they suspected someone was lying about their sex.

A Government spokesman said: "The EHRC has submitted a draft code of practice to ministers, and we are working quickly to review it with the care it deserves. We have always been clear that the proper process needs to be followed and we are following it."

Last month dozens of Labour MPs wrote to Business Secretary Peter Kyle to warn that the regulations would be a "minefield" of competing rights, warning the cost of implementing them would be large.

Some councils, NHS trusts and businesses continue to allow trans women to use single-sex spaces despite the Supreme Court ruling in April which stated that sex is defined by biology not gender ideology.

They say they are waiting to receive new guidance before they implement any new changes, despite warnings they could be breaking the law.

Current guidance covers all elements of the Equalities Act and has not been updated since 2011.

It aims to give advice to any organisation or company which provides services to the public on how to implement the law.

Last week, Sir Keir Starmer said the ruling should be applied "in full and at all levels".

However, the Government has been accused of back-tracking as it argued in court last week that transgender people's access to some single-sex spaces should be determined on a case-by-case basis.

However, the judge said this would be "inconsistent" with the Equality Act.

GB News has approached the EHRC for a comment.