Scotland adds gender recognition to offender notifications
Scotland has updated the rules for people who must register under the Sexual Offences Act 2003. From 21 February 2026, your initial or follow‑up notifications must now cover gender recognition in specific circumstances. In the ‘as made’ Scottish Statutory Instrument (SSI 2025/396), signed on 9 December 2025, ministers require you to tell Police Scotland if you have applied for a Gender Recognition Certificate (GRC) or have been issued a full GRC in set cases, as published on legislation.gov.uk.
Who is covered? If you are a “relevant offender” (that is, you are subject to Part 2 notification requirements because of a conviction listed in schedule 3 of the 2003 Act) you already meet police to give prescribed information such as your name, date of birth, addresses and certain financial details. MSPs heard that the amendment simply adds GRC‑related information so Police Scotland can check identity as part of public protection work under MAPPA.
What exactly changes at your first notification? When you make your initial notification under section 83, you will now be asked to state whether you have an application for a GRC that has not yet been decided, or whether you hold a full GRC that was issued on or after your “relevant date” (usually the date of conviction). The law also says that where an interim GRC has been issued, the application is treated as still undetermined for this purpose.
What must you report later? After that first meeting, if you apply for a GRC or are issued a full GRC and you have not already told the police, you must notify this as a change of circumstances under section 84. The new regulation 4A covers both situations so the police record stays accurate and current.
Why was this introduced now? Ministers committed, during debates on the Gender Recognition Reform (Scotland) Bill, to give Police Scotland routine sight of GRC applications by people on the register. The Cabinet Secretary for Justice and Home Affairs told MSPs this is an information‑sharing step to support risk management, not a barrier to seeking a GRC, and that the overall risk here is considered low.
How will this information be handled? Police must follow the confidentiality rules in section 22 of the Gender Recognition Act 2004, which restricts disclosure of “protected information” about a person’s GRC application or gender history. There are legal exceptions-for example, disclosure required by another law or to prevent or investigate crime-but the starting point is privacy.
What is a GRC? A full GRC is a legal document confirming your affirmed gender; from the date it is issued you are recognised in law as that gender. National Records of Scotland explains that a full certificate lets you update core records, and that an interim certificate is different and temporary.
How do notifications work in practice? You keep using the standard sex‑offender notification process: attend in person, give the required details, and provide identity checks where asked. The Scottish Government’s briefing to MSPs notes police can take fingerprints and photographs to verify identity and that failure to comply with notification duties can carry penalties of up to five years’ imprisonment.
What about timing and older certificates? If you obtained a full GRC before your “relevant date”, it is not part of your initial notification under the new rule. But if you later apply for a GRC or receive a full GRC after registering-and you have not already reported it-you must tell the police as a change of circumstances. This keeps the focus on identity information that changes during your notification period.
For learners and educators, the takeaway is simple: this is a narrow update to the information offenders already provide, aimed at ensuring identity records used in risk management are complete. It does not change who can get a GRC or how long someone remains subject to notification. The instrument was made on 9 December 2025 and starts on 21 February 2026, giving time to update guidance before it begins.