
2025 No. 396
Criminal Law
The Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025
Made 9th December 2025
Coming into force 21st February 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 83(5)(i) and 84(1) of the Sexual Offences Act 2003 and all other powers enabling them to do so.

In accordance with section 138(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1 
These Regulations may be cited as the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025 and come into force on 21 February 2026.
Amendment of the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007
2 

(1) The Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007 are amended in accordance with paragraphs (2) to (6).
(2) In regulation 2 (interpretation)—
(a) after paragraph (f) insert—“
(fa) “full gender recognition certificate”, “gender recognition certificate” and “interim gender recognition certificate” have the meanings given by section 25(1) of the Gender Recognition Act 2004;”,
(b) at the end of paragraph (g), omit “and”,
(c) after paragraph (g) insert—“
(ga) “relevant date” has the same meaning as in section 82(6) of the 2003 Act; and”.
(3) In regulation 3 (prescribed information to be notified under section 83(5)(i) of the 2003 Act), in the heading, after “prescribed” insert “financial”.
(4) After regulation 3 insert—“
Prescribed information to be notified under section 83(5)(i) of the 2003 Act- gender recognition
3A. 

(1) A relevant offender must notify the police if that offender—
(a) has made an application for a gender recognition certificate that has not been determined,
(b) has obtained a full gender recognition certificate that was issued on or after the relevant date.
(2) An application in respect of which an interim gender recognition certificate has been issued is to be treated as not having been determined.”.
(5) In regulation 4 (prescribed events and information to be notified under section 84(1)(g) of the 2003 Act), in the heading—
(a) after “prescribed” insert “financial”,
(b) for “section 84(1)(g)” substitute “section 84(1)”.
(6) After regulation 4 insert—“
Prescribed events and information to be notified under section 84(1) of the 2003 Act- gender recognition
4A. 
Where a relevant offender—
(a) makes an application for a gender recognition certificate,
(b) obtains a full gender recognition certificate,and that application or the issuing of the certificate has not previously been notified to the police in accordance with regulation 3A, the relevant offender must notify the police that such a certificate has been applied for or obtained.”.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
9th December 2025