(1)A body responsible for regulating the participation of persons as competitors in an event or events involving a gender-affected sport may, if subsection (2) is satisfied, prohibit or restrict the participation as competitors in the event or events of persons whose gender has become the acquired gender under this Act.
(2)This subsection is satisfied if the prohibition or restriction is necessary to secure—
(a)fair competition, or
(b)the safety of competitors,
at the event or events.
(3)“Sport” means a sport, game or other activity of a competitive nature.
(4)A sport is a gender-affected sport if the physical strength, stamina or physique of average persons of one gender would put them at a disadvantage to average persons of the other gender as competitors in events involving the sport.
(5)This section does not affect—
(a)section 44 of the Sex Discrimination Act 1975 (c. 65) (exception from Parts 2 to 4 of that Act for acts related to sport), or
(b) Article 45 of the Sex Discrimination (Northern Ireland) Order 1976 ( S.I. 1976/1042 (N.I. 15)) (corresponding provision for Northern Ireland). ]
Textual Amendments
F1S. 19 repealed (E.W.S.) by Equality Act 2010, Sch 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))