Scottish Ministers have made the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 (SSI 2025/396), laid before and approved by the Scottish Parliament. The instrument was made on 9 December 2025 and comes into force on 21 February 2026, according to legislation.gov.uk.
The Regulations modify the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007. They apply to persons subject to the notification requirements in Part 2 of the Sexual Offences Act 2003-described in law as relevant offenders-and add specific duties linked to gender recognition processes.
A new regulation 3A sets out information that must be provided at initial notification under section 83 of the 2003 Act. A relevant offender must tell the police if they have an undetermined application for a gender recognition certificate, or if they have obtained a full gender recognition certificate issued on or after the relevant date.
For this purpose, an application that has resulted in an interim gender recognition certificate is treated as not determined. In practice, this means interim status triggers the same duty to notify as any other pending application.
The term relevant date has the same meaning as in section 82(6) of the 2003 Act and, in most cases, is the date of conviction. It is the point from which the Part 2 notification regime applies and is used to decide whether a full certificate falls within the scope of the initial notification duty.
A new regulation 4A covers change-of-circumstances notifications under section 84 of the 2003 Act. Where, after initial notification, a relevant offender makes an application for a gender recognition certificate or subsequently obtains a full certificate, they must notify the police if that application or certificate has not previously been recorded under regulation 3A.
The instrument also updates the interpretation provision in the 2007 Regulations. Full gender recognition certificate, gender recognition certificate and interim gender recognition certificate take their meanings from section 25(1) of the Gender Recognition Act 2004. A definition of relevant date is added to mirror the 2003 Act.
Timing follows the existing framework in the Sexual Offences Act 2003. Initial notification is made under section 83 and any change-of-circumstances is notified under section 84, within the statutory deadlines in those sections. The new duties apply from 21 February 2026 and operate at the next initial or change notification made on or after that date.
The Regulations also make consequential drafting changes, including inserting the word financial into the headings of regulations 3 and 4 of the 2007 Regulations and updating the section reference for regulation 4. The instrument is signed by Angela Constance as a member of the Scottish Government on 9 December 2025.