Home Office regulations laid on 27 November 2025 expand when an enhanced Disclosure and Barring Service (DBS) check can be obtained. The Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 (SI 2025/1240), published on legislation.gov.uk, take effect on 21 January 2026 for England and Wales.
Regulation 2 amends the Police Act 1997 (Criminal Records) Regulations 2002 (SI 2002/233). It introduces a definition of “registered health care professional” by reference to section 39(1) of the Social Security Act 1998 and adds new prescribed purposes in regulation 5A under which an enhanced criminal record certificate may be requested.
One new purpose covers decisions about whether an applicant is suitable to obtain or hold a pedicab driver licence under regulations made pursuant to section 2 of the Pedicabs (London) Act 2024. This brings prospective and current pedicab drivers within scope for enhanced DBS scrutiny as part of the licensing process.
A second purpose covers decisions about the suitability of a registered health care professional who is employed or engaged by the Secretary of State for Work and Pensions, or by DWP contractors and sub‑contractors. This enables enhanced checks to be sought for clinicians delivering assessment or advisory services commissioned by DWP.
Regulation 3 amends the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (SI 2009/1882) so that, in these contexts, “suitability information relating to children” can be provided. In practice, this means enhanced certificates with a children’s barred list check are available for pedicab licensing decisions and for DWP‑engaged registered health care professionals when assessing children.
The same amendment ensures access to “suitability information relating to vulnerable adults”. Where registered health care professionals engaged by or for DWP assess vulnerable adults, enhanced certificates with an adults’ barred list check can be requested, aligning safeguarding with comparable regulated roles.
For authorities responsible for implementing pedicab licensing, and for DWP commissioners and suppliers, the change clarifies eligibility to obtain enhanced checks; it does not of itself mandate their use. Procurement documents, role profiles and pre‑employment screening policies should be reviewed so that eligibility is reflected consistently in recruitment and licence‑holding conditions.
Data handling obligations are unchanged. Organisations requesting enhanced DBS information should continue to apply established legal bases, inform applicants where barred list checks are undertaken, and handle disclosures in line with existing retention and confidentiality standards.
The Regulations extend to England and Wales. The pedicab provision applies to licences granted under London‑specific regulations made under the 2024 Act, while the DWP provision covers registered health care professionals engaged by or on behalf of the Department in England and Wales.
The instrument was made on 25 November 2025 and signed by Jess Phillips as Parliamentary Under Secretary of State at the Home Office. The Explanatory Note records that no full impact assessment has been produced, with no significant impact on the private, voluntary or public sectors anticipated.