The Victims and Courts Bill received Royal Assent on 29 April 2026, becoming the Victims and Courts Act 2026 (the ‘Act’). Amongst other provisions aimed at supporting victims and bereaved families, the Act will introduce further reforms in respect of non-disclosure agreements (‘NDAs’).
We wrote previously about the changes anticipated in the Bill, which come against a backdrop of wider NDA reform, including under the Employment Rights Act 2025 (‘ERA 2025’) (see here for further information).
What is Changing?
The provisions in the Act regarding NDAs will replace section 17 of the Victims and Prisoners Act 2024 (‘VPA 2024’) to broaden the circumstances in which victims of crime may make allegations or disclosures of information relating to criminal conduct in the context of NDAs.
Currently, section 17 of the VPA 2024 voids any provision in an agreement that seeks to prevent a victim (or someone who reasonably believes they are a victim) from disclosing information about criminal conduct to certain persons, including law enforcement, lawyers and certain family members (amongst others). The Act will replace the list of specified persons to whom a disclosure may be made; instead, victims (or those who reasonably believe they are a victim) will be permitted to make allegations or disclosures to any person for any reason relating to:
- Relevant criminal conduct; or
- The response of any other party to the agreement to relevant criminal conduct or the making of an allegation or disclosure relating to relevant criminal conduct, notwithstanding the provisions of any NDA entered into. NDAs seeking to preclude such disclosures will be void
The Act also includes a power for the Secretary of State to make regulations to except certain agreements provided they satisfy the necessary conditions in those regulations. However, we are awaiting further information to see how ‘excepted agreements’ will be defined in any regulations. We anticipate that the Government may consult on this and will also update its current guidance. Interestingly, the language and approach, including in respect of ‘excepted agreements’ is similar to that taken in respect of the restrictions on NDAs relating to relevant harassment or discrimination in the ERA 2025. It may be that the Government is intending to align the concept of ‘excepted agreements’ under the Act and the ERA 2025 NDA provisions, which are currently subject to consultation (see here). We wait to see how the Government will approach this.
Timing and Next Steps
The Act requires separate commencement regulations to bring the NDA provisions in the Act into effect and regulations setting out the excepted agreements, both of which are awaited. It is possible that the Government may seek to align the timing of these NDA changes with those coming under the ERA 2025 which are anticipated some time in 2027. We will continue to monitor for further developments. See our Reform Hub for the latest developments on the ERA 2025 reforms.
Employers should continue to review their approach to NDAs in contracts and settlement agreements, ensuring that templates include appropriate carve‑outs to meet current legal requirements and that practices keep pace with ongoing developments.
