However, despite the restrictions on the provision of single sex activities the SDA does not prevent a Local Authority or other public body from encouraging greater use of its facilities by one sex. It would not be unlawful to promote or market facilities aimed at specific groups as long as, at the point of delivery, the facilities are available to both sexes equally. Similarly, Section 43 allows for a charity to discriminate on the grounds of sex if this provision is contained in its charitable instrument. Competitive Sport Section 44 provides an exemption in relation to competitive sport. The section allows any sport, game or activity of a competitive nature to be restricted to one sex where the strength and stamina of the average woman would put her at a disadvantage to the average man.
Some schools offer the full range of sports to girls and boys.
However, many extra curricular sporting activities, such as competitive team games between schools, are open to pupils of one sex only. This is because these activities are organised by outside bodies. Despite the growing pressure for rule changes to allow girls to compete, many sports organisations justify their sexist stance by reference to the decision in Bennett v The Football Association, a case which received considerable media interest. A significant rule change by the English Schools Football Association now allows mixed competition up until the age of 11 years. Although Muskham and Newark were willing to take Theresa on, Nottingham FA and the Football Association refused to register her because of her sex.