Equality and Human Rights Commission: Code of Practice for services, public functions and associations - August 2026 update

The Equality and Human Rights Commission’s (EHRC) updated Code of Practice for Services, Public Functions and Associations will come into force on 5 August 2026 subject to the UK Parliament passing Statutory Instruments which commence the new Code and revoke the 2011 Code of Practice. The new Code has completed the statutory approval process under the Equality Act 2006. The Code was laid before the Westminster Parliament for a period of 40 days, during which neither House passed a resolution disapproving of it.  

The updated Code will therefore take effect from 5 August 2026. 

The Code is available on the EHRC website.

The Equality Act 2010 is largely reserved to the UK Parliament. Responsibility for the practical application of the Act rests with duty bearers under the Act including employers, service providers, those exercising public functions, and associations. The EHRC, as the independent equality regulator, provides statutory guidance and Codes of Practice to support organisations in understanding and meeting their responsibilities under the Act.

It remains the responsibility of duty bearers to interpret and comply with their legal obligations under the Equality Act 2010. Following the guidance in the Code may help service providers, those who provide a public function and associations to avoid an adverse decision in legal proceedings brought under Parts 3 and 7 of the Act.

Any queries regarding the EHRC's Code of Practice may be directed to the EHRC. Public bodies and service providers may also seek their own legal advice where appropriate to ensure that decisions are lawful, evidence-based, proportionate and informed by the specific circumstances in which they operate.

As both a public body and an employer, the Scottish Government continues to review guidance and policies to ensure they accurately reflect the current legal position, while supporting a proportionate, practical and respectful approach to implementation. 

The Scottish Government remains committed to advancing equality and upholding human rights. In doing so, we will continue to work to ensure that the rights, dignity and wellbeing of everyone in Scotland are respected and protected, in line with our legal obligations and our wider commitment to building a fairer, more inclusive and equal society.

Further information on the updated Code is also available from the UK Government: Equality Act 2010: Code of Practice for services, public functions and associations, 2026 - GOV.UK