UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers): working group

Overview

This group was established in April 2025. It is convened by the Permanent Secretary and is driving and coordinating the work that is necessary as a consequence of the Supreme Court judgment by reviewing and updating relevant legislation, guidance and policies impacted by the judgment.

Every key area of government which is or may be affected by the judgment is carrying out assessments to identify and resolve any inconsistencies with the ruling. Ongoing and completed work includes: 

• updated our guidance for the Gender Representation on Public Boards (Scotland) Act 2018  
• amended the public appointments recruitment process for public bodies subject to the 2018 Act, now seeking and using biological sex at birth data, if provided, to apply the Act
• moved to an interim Trans and Non-Binary Inclusion Policy for Scottish Government staff, removing a line regarding facilities use, while we develop new policy and guidance in consultation with trade unions  
• we conducted an initial review of facilities across the Scottish Government estate with a more detailed review now underway to ensure our provision meets the needs of staff and legal requirements
• published revised Supporting Transgender Pupils in Schools guidance, while recognising that the Equality and Human Rights Commission are also reviewing technical guidance for schools
• advanced joint work with Police Scotland, with a public consultation open from the 10 February 2026 for 12 weeks on the Stop and Search Code of Practice. The finding from the consultation will inform the final version of the Code
• the Office of the Chief Statistician is currently reviewing its guidance on collecting data on sex and gender identity in light of the Supreme Court Judgement

Members

The group includes representatives from every relevant portfolio area across the Scottish Government, including officials from the following Director Generals (DG):

• DG Corporate 
• DG Communities 
• DG Education and Justice 
• DG Economy 
• DG Exchequer 
• DG Net Zero 
• DG Health and Social Care 
• DG Strategy and External Affairs 

Publications

Equality and Human Rights Commission - code of practice changes consultation: SG response