Sexual Orientation

The Government has brought forward legislation to tackle discrimination in the provision of goods, facilities and services on grounds of sexual orientation, which came into force on 30 April 2007.

This legislation is a major step forward in ensuring dignity, respect and fairness for all. These measures will help tackle the practical barriers and real, everyday problems faced by lesbian, gay and bisexual people.

These new measures will make sexual orientation discrimination unlawful in the provision of goods and services (e.g. shops and hotels), in the exercise of public functions (e.g. in the delivery of health services), in education and in the rental or sale of premises.
By introducing these measures the Government is providing protection from sexual orientation discrimination outside the workplace that is on a par with the protections provided on grounds of sex, race and religion or belief.
In order to protect practices that arise from basic doctrines of faith, the Regulations include an exemption for religious organisations, for whom complying with the Regulations could conflict with either the doctrine of the organisation, or the strongly-held views of a significant number of the religion’s followers.
However, where a religious organisation enters into an agreement to provide a service to the community on behalf of and under contract with a public authority, or on a commercial basis, that brings with it a wider social responsibility to serve the public: not pick and choose who will benefit or be served. In these circumstances the exemption will not apply.
The Regulations will apply to faith based adoption and fostering agencies but they will be given until the end of 2008 to adjust. In the interim, any agency wishing to take advantage of the transitional arrangements will have to refer prospective gay, lesbian and bi-sexual adoptive parents to agencies who are able to assist.

History

The Equality Act 2006 included an order making power that allows Regulations to be made to prohibit sexual orientation discrimination in the provision of goods, facilities and services, in education and in the execution of public functions.

A consultation document setting out proposals for the Regulations was published on 13 March 2006. This sought views on specific points about the range of activities that should be covered by the Regulations, and on whether any exceptions should be provided from them to ensure that the protection from sexual orientation discrimination that is introduced is effective and appropriately targeted. A summary of this consultation paper is also available in Welsh. The consultation period closed on 5 June 2006.

On 7 March 2007 the Government published the Response to the 'Getting Equal' consultation and laid Regulations in Parliament to prohibit discrimination in goods and services on the grounds of sexual orientation. A Regulatory Impact Assessment and Equality Impact Assessment were laid alongside the Regulations.

The Regulations were debated and approved in the House of Commons and House of Lords on 15 March and 21 March respectively. They came into force on 30 April 2007, at the same time as Part 2 of the Equality Act (Part 2 provides parallel protection against discrimination in the provision of goods and services on the grounds of people's religion or belief). The Government published Guidance on both the Sexual Orientation Regulations and the religion or belief provisions on 30 April, which sets out practical advice on what the legislation means.

For enquiries about the new legislation please email: enquiries@geo.gsi.gov.uk

Or write to:

Sexual Orientation Policy Officer

5th Floor, Zone J10

Eland House

Bressenden Place

London

SW1E 5DU

In this section

Guidance on new measures to outlaw discrimination on the grounds of sexual orientation- Part 3 of the Equality Act
Guidance on the effects of the Equality Act (Sexual Orientation) Regulations 2007, outlawing discrimination in the provision of goods, facilities services. Published 30 April 2007.
Equality Act (Sexual Orientation) Regulations 2007: a quick guide
A fact sheet providing a brief guide as to what the Regulations will and will not do.
Frequently asked questions: What the Regulations mean for members of the public and providers of goods, facilities and services
Questions and answers about how the Regulations will affect people.
Prime Minister's written memorandum on the Independent Assessment Process in relation to the Sexual Orientation Regulations and their impact on Faith-Based Adoption and Fostering Agencies
The PM's written memorandum on the Independent Assessment Process on adoption and fostering, with links to Prime Ministerial statements on the issue of faith based adoption and fostering agencies and the Equality Act (Sexual Orientation) Regulations 2007.

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