Equality Act 2010 Sch.3 para.27 – Single-sex services

27 (1) A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if—

(a) any of the conditions in sub-paragraphs (2) to (7) is satisfied, and

(b) the limited provision is a proportionate means of achieving a legitimate aim.

(2) The condition is that only persons of that sex have need of the service.

(3) The condition is that—

(a) the service is also provided jointly for persons of both sexes, and

(b) the service would be insufficiently effective were it only to be provided jointly.

(4) The condition is that—

(a) a joint service for persons of both sexes would be less effective, and

(b) the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services.

(5) The condition is that the service is provided at a place which is, or is part of—

(a) a hospital, or

(b) another establishment for persons requiring special care, supervision or attention.

(6) The condition is that—

(a) the service is provided for, or is likely to be used by, two or more persons at the same time, and

(b) the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex.

(7) The condition is that—

(a) there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and

(b) B might reasonably object if A were not of the same sex as B.

(8) This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

Cases considering Schedule 3, paragraph 27 3

For Women Scotland Ltd v The Scottish Ministers

[2025] UKSC 16 · 16 April 2025Interprets

The single-sex service conditions, including need, reasonable objection and physical contact, depend on biological sex rather than possession of a confidential certificate. (see paras [215]-[218])

Good Law Project Limited & Ors, R (on the application of) v Commissioner for Equality and Human Rights

[2026] EWHC 279 (Admin) · 13 February 2026Interprets

Interprets the derogation permitting a service to be provided only to persons of one sex where a specified condition is met and the limited provision is proportionate to a legitimate aim (see para [28]). Confirms that the paragraph 27 conditions determine when single-sex provision may be made. The judgment specifically referred to the condition concerning simultaneous use and reasonable objection to the presence of a person of the opposite sex (see paras [28]; [63]).

Chief Inspector of Education, Children's Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 2)

[2017] EWCA Civ 1426 · 13 October 2017

The court used paragraph 27’s exceptions for single-sex services as further evidence that separate provision is capable of constituting sex discrimination without an exception. (see para [68])

What each judgment says about Schedule 3, paragraph 27 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I117Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)