From 21 February 2026, registered sex offenders in Scotland must tell the police if they apply for or receive a Gender Recognition Certificate (GRC), after Holyrood approved new regulations updating the Sex Offenders Register rules. Ministers have now made the instrument following that vote.

The change amends the 2007 notification regulations under the Sexual Offences Act 2003. It requires a person on the Register to declare, at initial sign‑on or at annual re‑notification, if they have an undetermined GRC application, and to report any full GRC issued on or after their “relevant date” (usually the date of conviction). If a full GRC is issued after initial notification, it must also be reported as a change in circumstances. Interim certificates are treated as applications still awaiting a decision.

The draft was brought to Parliament by Justice Secretary Angela Constance and cleared under the affirmative procedure, with the Criminal Justice Committee recommending approval before MSPs agreed it in the chamber on 3 December 2025.

For readers north of the Tyne and along the Cumbrian border, the operational point is straightforward: ViSOR, the UK‑wide sex‑offender database used under MAPPA, is shared across UK forces and supports cross‑border transfers. A GRC trigger entered by Police Scotland should be visible to colleagues in Northumbria, Durham, Cumbria and BTP, aiding continuity when people move.

Police practice in Scotland has been shifting in parallel. In June 2025, Police Scotland issued interim guidance stating that searches involving removal of clothing are conducted on the basis of biological sex. In November, Chief Constable Jo Farrell told MSPs the force would record the biological sex of offenders across all crime types, not just sexual offences.

The regulations also tidy the 2007 text, updating headings to clarify “financial” information and aligning change‑of‑details duties with section 84(1) of the 2003 Act. That matters for paperwork and case‑management templates used by offender management teams.

Penalties remain unchanged: failing to comply with sex‑offender notification requirements is a criminal offence carrying up to five years’ imprisonment on conviction. Police Scotland is explicit about enforcing breaches.

England and Wales are moving differently. Westminster’s Crime and Policing Bill focuses on name‑change controls for registered sex offenders-requiring seven days’ advance notice and allowing police to block new passports or driving licences-rather than adding a duty to report GRC applications. Northern forces will therefore see slightly different triggers north and south of the border.

Scottish ministers previously told MSPs that notifying police about a GRC application from someone on the Register helps identity checks and MAPPA management, while stressing this is not an attempt to link gender recognition with offending. The new regulations formalise that approach in law.

What to do now: with a go‑live of 21 February 2026, offender management units, justice social work and local MAPPA partners should update ViSOR workflows, change‑of‑circumstances forms and training notes, and make sure cross‑border protocols flag the new Scottish notification trigger so that cases don’t slip between systems.