Overview
- The 300-page draft was submitted to ministers nearly three months ago and remains unpublished as the government reviews it and consults devolved administrations.
- It implements April’s Supreme Court judgment by confirming that, for Equality Act purposes, sex means biological sex regardless of a gender recognition certificate.
- Service providers could question or exclude transgender people from single-sex settings based on appearance, behaviour or reasonable perception where this is a proportionate way to protect privacy, dignity or safety.
- The final draft removes earlier suggestions to check birth certificates or GRCs, stating it is unlikely to be proportionate or practical to ask for documentary proof of sex.
- The guidance spans councils, the NHS, prisons, shops and gyms, and says sex-based rules in sport should follow biological sex with lawful exclusions where evidence shows safety risks or unfair competitive advantage.