Scottish Ministers have made the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 (SSI 2025/396). The instrument adds new information that must be given to police by people subject to the Part 2 notification regime, and commences on 21 February 2026 after parliamentary approval earlier in December.
The Regulations amend the 2007 notification regulations so that, when making the initial notification required by section 83 of the 2003 Act, a relevant offender must tell the police if they have submitted an application for a gender recognition certificate that has not been determined, or if they hold a full certificate issued on or after the “relevant date”.
For clarity, an application that has resulted in an interim gender recognition certificate is treated as not determined. The terms “full gender recognition certificate”, “interim gender recognition certificate” and “gender recognition certificate” are those used in section 25(1) of the Gender Recognition Act 2004 and are adopted by reference here.
The “relevant date” has the same meaning as in section 82(6) of the 2003 Act, which is usually the date of conviction (with other triggers for cautions and findings). This anchors the new duty to the existing statutory clock for initial registration.
A continuing duty also applies. After the initial notification, if a person then applies for a certificate or is issued with a full certificate-and this has not already been notified under the new initial‑notification rule-they must notify the police as a change of circumstances under section 84 of the 2003 Act.
The instrument also updates the headings of regulations 3 and 4 of the 2007 Regulations so they refer to “prescribed financial information”, and adjusts the cross‑reference in regulation 4 from section 84(1)(g) to section 84(1). These are drafting updates alongside the substantive addition of gender recognition notifications.
Time limits are unchanged. Section 83 requires initial notification within three days of the relevant date; section 84 requires notification within three days of any prescribed change. The new certificate‑related disclosures sit within those existing three‑day windows.
Non‑compliance remains a criminal offence. Under section 91 of the 2003 Act, failing without reasonable excuse to meet notification duties-including those added by these Regulations-can be prosecuted, with a maximum penalty of five years’ imprisonment on indictment.
Operationally, Police Scotland and MAPPA partners should ensure section 83 and section 84 processes, forms and IT workflows capture two additional data points from 21 February 2026: whether an application for a gender recognition certificate is outstanding, and whether a full certificate issued on or after the relevant date exists.
The instrument proceeded by affirmative procedure. It was lodged as a draft, recommended for approval by the Criminal Justice Committee, agreed by the Parliament during the week commencing 1 December 2025, and subsequently signed on 9 December 2025, with commencement set for 21 February 2026.