Scotland has tightened sex‑offender reporting rules. From 21 February 2026, anyone subject to the Sexual Offences Act 2003 notification regime in Scotland must tell police if they apply for, or are granted, a full Gender Recognition Certificate. Ministers signed off the change on 9 December following Holyrood approval.

The regulations create two clear triggers. First, a relevant offender must report any undetermined application for a Gender Recognition Certificate. Second, they must report if they have been issued with a full certificate on or after the law’s “relevant date”. Where an interim certificate has been issued, the application is treated as not yet determined. The terms “full”, “interim” and “gender recognition certificate” are defined in section 25 of the Gender Recognition Act 2004.

Setting out the purpose at Holyrood, Justice Secretary Angela Constance said the change would “add a new notification requirement relating to gender recognition certificates”, with the information sitting alongside wider risk management under MAPPA.

The obligation links to the “relevant date” in section 82 of the 2003 Act-normally the day of conviction or finding-so a full GRC issued on or after that point must be reported. The Act’s Explanatory Notes explain how that date is calculated across different sentences and disposals.

Failure to notify is a crime. Section 91 of the Sexual Offences Act 2003 provides for up to five years’ imprisonment on indictment for non‑compliance, and Police Scotland is clear that breaches of notification requirements are investigated and prosecuted.

For readers in the North of England, there is a cross‑border point. The UK‑wide Violent and Sex Offender Register (ViSOR) is used by police, prisons and probation across Scotland, England and Wales, and is designed to support safe information‑sharing when people move. That means updates follow individuals who relocate south.

Recruitment checks are unchanged. In England and Wales, the Disclosure and Barring Service offers a confidential “sensitive applications” route so transgender applicants can keep previous names off the certificate while DBS still checks all identities. In Scotland, an FOI response confirms previous names are provided confidentially to Disclosure Scotland and criminal history disclosure remains as set out in law.

Scale matters. The Scottish Government’s 2024–25 MAPPA overview recorded 7,451 registered sex offenders across custody and community on 31 March 2025, with 5,280 managed in the community. There were 479 reports or charges for notification breaches that year.

This sits within a wider legal picture. On 16 April 2025, the UK Supreme Court held-specifically for the Equality Act 2010-that “sex” means biological sex, while confirming trans people remain protected under the Act’s “gender reassignment” provisions. Separately, the Gender Recognition Act continues to set what a full GRC means in law.

What to do now. Border councils, schools, charities and employers in the North should refresh safeguarding protocols before 21 February 2026, make sure MAPPA liaison is tight for any cross‑border moves, and brief staff that a person’s trans history is confidential and handled lawfully. Recruitment teams should signpost the DBS sensitive route where appropriate.