Changes made in response to Supreme Court gender ruling: FOI release

Information requested

In response to a media request about the Supreme Court gender ruling, the government said "In some areas [we have] already made changes.” Could you describe what these changes are?

Response

The Scottish Government has made clear it accepts the Supreme Court ruling and since April 2025 has been taking forward the detailed work that is necessary as a consequence of the ruling.

That work is ongoing and being coordinated and delivered through a Working Group on the Supreme Court Judgment which was convened by the Permanent Secretary in April 2025 to support internal reviews, consideration and relevant updates to legislation, guidance and policies impacted by the judgment.

We have acted on the below policies and guidance in response to the judgment:

• Gender Representation on Public Boards (Scotland) Act 2018 guidance – We have updated and published the guidance to reflect the judgment
• Public Appointments Recruitment Process for regulated Public Bodies – We are amending the recruitment process to reflect the Supreme Court ruling on the 2018 Act
• Stop and Search Code of Practice - Following our scoping exercise and joint working with Police Scotland, we will publicly consult on the Stop and Search Code of Practice later in 2025

We have and will continue to meet with key stakeholder groups to discuss the judgment, as well as the EHRC, given their role as regulator and enforcer of the Equality Act 2010, and also the UK and Welsh Governments to ensure collective understanding of the practical implications of the judgment.

Further information on the Working Group can be found here: UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers): working group - gov.scot.

It is our intention to update the website with subsequent completed and ongoing work, where relevant, in relation to compliance with the Supreme Court judgment.

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