Scottish Ministers have made the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 (SSI 2025/396). The instrument was signed on 9 December 2025 by Angela Constance and comes into force on 21 February 2026. It amends the 2007 notification regulations to introduce specific duties relating to gender recognition certificates (GRCs).
Because the Regulations follow the affirmative procedure, a draft was laid and approved by resolution of the Scottish Parliament before being made. The Criminal Justice Committee previously recommended approval of the draft Regulations, lodged on 9 October 2025.
The measures apply to any “relevant offender” subject to the notification requirements in Part 2 of the Sexual Offences Act 2003. At initial notification under section 83, a relevant offender must provide prescribed information to Police Scotland within three days of the relevant date.
A new regulation 3A is inserted into the 2007 Regulations. It requires a relevant offender, at initial notification, to state if they have a pending application for a gender recognition certificate or have obtained a full gender recognition certificate issued on or after the relevant date. The Regulations also specify that where an interim gender recognition certificate has been issued, the application is treated as not yet determined.
A new regulation 4A adds an ongoing duty. If, after the initial notification, a relevant offender applies for a GRC or obtains a full GRC-and this has not already been notified under regulation 3A-the offender must notify the police as a change of circumstances under section 84 of the 2003 Act. The section 84 duty operates on the same three‑day timetable.
For interpretative certainty, the amending instrument imports the statutory meanings of “full gender recognition certificate”, “gender recognition certificate” and “interim gender recognition certificate” from section 25(1) of the Gender Recognition Act 2004. It also cross‑refers to the Sexual Offences Act 2003 for the term “relevant date”, which section 82(6) defines by reference to the trigger event (typically the date of conviction, finding or caution).
The instrument makes minor textual updates to the 2007 Regulations. Headings to regulations 3 and 4 now expressly refer to “financial” information, and the reference in the regulation 4 heading to section 84(1)(g) is replaced with section 84(1). The underlying 2007 provisions on prescribed information and prescribed events remain in place, as originally set out.
Compliance remains mandatory. Failure to meet notification duties at either the initial stage (section 83) or on changes (section 84), including the new GRC‑related disclosures, constitutes an offence under section 91 of the 2003 Act. On indictment this carries a maximum penalty of five years’ imprisonment; on summary complaint, up to six months’ imprisonment or a fine.