EHRC Services, Public Functions and Associations Statutory Code of Practice (2011)

In brief

The EHRC's statutory code of practice on services, public functions and associations. Covers how the Equality Act 2010 applies to the provision of services, exercise of public functions, and activities of associations. Includes guidance on single-sex and separate-sex services under Schedule 3, Part 7.

Key provisions

• Chapter 13 — Services: exceptions relating to sex discrimination: Chapter 13 of the Services Code of Practice covers exceptions relating to sex discrimination, including the circumstances in which sex-based distinctions in service provision are lawful.
• Chapter 13 — Single-sex and separate-sex services: Chapter 13 also covers single-sex and separate-sex services, explaining when and how service providers can lawfully restrict access by sex.
• Chapter 14 — Public functions exceptions: Chapter 14 covers exceptions for public functions, including how public authorities can lawfully apply sex-based restrictions in the exercise of their functions.
• holding-1 — Guidance on proportionate means of achieving a legitimate aim: Chapter 13 of the Services Code of Practice covers exceptions relating to sex discrimination, including the circumstances in which sex-based distinctions in service provision are lawful.

When relevant

Designing policies for service provision that intersects with trans inclusion, particularly where single-sex exceptions under Schedule 3 are being considered.