Sex offenders in Scotland must notify GRC from 2026

Scotland has updated the rules on how some people report to the police. The Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 (SSI 2025/396) were made on 9 December 2025 after approval by the Scottish Parliament and take effect on 21 February 2026. The official text on legislation.gov.uk adds new duties linked to gender recognition certificates (GRCs). Here, we explain what changes, who it affects, and what the key terms mean.

Who is affected? The Regulations apply to “relevant offenders”, meaning people who are subject to the notification requirements in Part 2 of the Sexual Offences Act 2003 in Scotland. In plain English, that is anyone who must register their details with the police and keep those details up to date while the notification period applies.

What must be told to police at the first notification? From 21 February 2026, a person making their initial report under section 83 must also state if they have applied for a GRC and that application has not yet been determined, or if they have obtained a full GRC that was issued on or after the relevant date. This new duty is set out in a fresh regulation 3A added to the 2007 Regulations.

What counts as “interim” and how is it treated? The law says that an application which has led to an interim GRC is treated as not determined. In practice, if you hold an interim GRC, you should answer as someone with a GRC application still awaiting a final decision. These terms take their meaning from section 25(1) of the Gender Recognition Act 2004.

What happens after the first notification? If, after your initial section 83 report, you apply for a GRC or receive a full GRC and you have not already told the police under regulation 3A, you must notify this as a change of circumstances under section 84. The Regulations insert a new regulation 4A to make that obligation explicit.

What is the “relevant date”? The Regulations use the definition in section 82(6) of the Sexual Offences Act 2003. In most cases this is the date of conviction, though it can differ depending on how someone came to be subject to notification. What it means: only full GRCs issued on or after that date trigger the new requirement to disclose at the initial notification.

How might this work in real life? Imagine Alex became subject to notification on 10 March 2026. If Alex applied for a GRC in May 2026 and it is still awaiting a decision at the time of the first section 83 report, that fact must be disclosed. If a full GRC is later issued in July 2026, Alex must tell the police as a change of circumstances unless this was already recorded. If Jamie holds only an interim GRC, the application is treated as undecided and should be reported as pending.

Does anything else change in the paperwork? Yes, the Regulations update headings in the 2007 Regulations so that regulation 3 and regulation 4 are clearly labelled as covering financial information, and they update the reference in regulation 4 from section 84(1)(g) to section 84(1). The new gender recognition duties are added alongside those provisions rather than replacing them.

What this does not do. The instrument does not change who can obtain a GRC or the legal effect of a GRC under the Gender Recognition Act 2004. It adds police reporting duties for people already required to notify under the Sexual Offences Act 2003. This is about what must be told to the police and when, not about a person’s eligibility for legal recognition of their gender.

Helpful definitions, in one place. A gender recognition certificate (GRC) is a legal document that recognises a person’s gender under the 2004 Act. A full GRC is the final certificate; an interim GRC is a temporary step in specific situations and is treated as if the application has not yet been finally decided. A relevant offender is someone who must report under Part 2 of the 2003 Act. An initial notification is the first report under section 83; a change of circumstances notification is made under section 84.

Key dates and source for study. The Regulations were made on 9 December 2025, come into force on 21 February 2026, and were signed by Angela Constance for the Scottish Government at St Andrew’s House, Edinburgh. You can read the official text on legislation.gov.uk by searching for SSI 2025/396. This explainer supports understanding and is not legal advice; if you are subject to notification, ask your offender management officer how to comply.