The Home Office has made the Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 (SI 2025/1240). The instrument widens eligibility for enhanced criminal record certificates to support London pedicab licensing and to cover registered health care professionals working on Department for Work and Pensions (DWP) programmes. It applies in England and Wales and takes effect on 21 January 2026.
For Transport for London (TfL), the Regulations add pedicab driver licensing as a prescribed purpose for requesting an enhanced criminal record certificate. This aligns the background checking route for pedicab driver licences with other transport-related licensing regimes that already rely on enhanced DBS checks. The enabling power for TfL’s licensing framework sits in section 2 of the Pedicabs (London) Act 2024.
For health assessments, the Regulations add a new prescribed purpose covering registered health care professionals employed or engaged by the Secretary of State for Work and Pensions, and by DWP contractors and sub‑contractors. In effect, DWP and its suppliers may request enhanced DBS checks for these roles as a matter of course where they are undertaking departmental assessment activities.
The instrument also amends the 2009 suitability provisions so that, where relevant, enhanced checks can include the children’s and/or adults’ barred lists for the two scenarios above. This mirrors the approach already taken for other sensitive licences and roles eligible for barred list checking. Government guidance confirms that an “enhanced with barred list(s)” certificate is available only for regulated activity and a small number of positions specified in the Police Act regulations.
The term “registered health care professional” is tied to the definition of “health care professional” in section 39(1) of the Social Security Act 1998. In broad terms this includes registered medical practitioners and nurses, occupational therapists or physiotherapists registered under Health Act 1999 arrangements, and other prescribed professions regulated under the NHS Reform and Health Care Professions Act 2002. This point‑to‑statute cross‑reference avoids divergent definitions across DWP contracts.
Operationally, DWP and its suppliers should review recruitment packs, job descriptions and onboarding steps for affected roles to confirm the legal basis to ask an exempted question and to request an enhanced DBS certificate from 21 January 2026. Where roles involve assessing children or vulnerable adults, providers should ensure processes are in place to request barred list checks, handle disclosures, and record decisions proportionately.
For licensing, TfL will finalise the detail of its pedicab scheme under the 2024 Act. Once the licensing regulations are in place, the amended Police Act framework will allow enhanced DBS checks to be used as part of suitability assessments for pedicab driver licences in Greater London. This closes a long‑identified gap in pre‑licensing safeguards for a high‑contact, public‑facing activity.
Employers and licensing authorities should note the data handling standards that apply to enhanced certificates. Section 113B of the Police Act 1997 allows chief officers to include relevant non‑conviction information on an enhanced certificate, guided by statutory disclosure guidance updated in February 2024. Decision‑makers should document how any disclosed information is weighed against the duties of care and rehabilitation.
Costs remain those set by DBS nationally. As of publication, an enhanced certificate with barred list check(s) is priced at £49.50, with no fee for volunteers. Contracting authorities should factor typical turnaround times and potential re‑checks into mobilisation plans from January 2026.
Scope is limited to England and Wales. DBS administers checks for these jurisdictions; equivalent regimes operate in Scotland and Northern Ireland. For DWP delivery in those jurisdictions, providers should continue to apply the relevant national disclosure schemes. The statutory instrument listing confirms SI 2025/1240 and its subject matter; the amendments interface directly with TfL’s powers under the Pedicabs (London) Act 2024.