'Additional provisions that require a biological interpretation of “sex” in order to function coherently include separate spaces and single sex services (including changing rooms, hostels and medical services) [211]-[221], communal accommodation [222]-[225], and single sex higher education institutions [226]-[228]. Similar confusion and impracticability arise in the operation of provisions relating to single sex characteristic associations and charities [229]- [231], women’s fair participation in sport [232]-[236], the operation of the public sector equality duty [237]-[244], and the armed forces [245]-[246].
The practical problems that arise under a certificated sex approach are clear indicators that this interpretation is not correct [247]. The Court rejects the suggestion of the Inner House that “woman” and “sex” can refer to biological sex in some sections of the EA 2010, and certificated sex in others. The meaning of “sex” and “woman” must be consistent throughout the EA 2010'