Equalities watchdog sends amended draft services Code of Practice to Secretary of State

This follows feedback from the Government on the draft Code of Practice submitted by the EHRC in September 2025.

The updated Code of Practice applies to services, public functions and associations.

Following the Supreme Court’s judgment on the definition of sex in April 2025, the EHRC’s priority was to revise the relevant sections of the services Code, as a wider update was already in progress, having been consulted on in late 2024.  

Section 14(7) and Section 14(8) of the Equality Act 2006 describe how before issuing a Code, the EHRC must submit a draft to the Secretary of State for approval and the approved draft must be laid before Parliament for 40 days.

Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said: “Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.  

“The UK government recently provided us with a narrow set of comments on the draft Code of Practice we submitted in September. Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the Code provide legally accurate, practical guidance that is useful to duty bearers.  

“These aim to strengthen duty bearers’ understanding of the law and how it applies across a range of the scenarios they encounter day-to-day. So that all service users are treated with dignity and respect, in line with the Equality Act.

“Our amended draft services Code of Practice has now been sent for the Secretary of State to approve in advance of it being laid in Parliament.”