The Crime and Policing Act 2026 (Commencement No. 2) Regulations 2026

Published: Thu 27th Aug 26

Activated legal provisions requiring enhanced background checks for supervised staff working with children starting September 2026.

These Regulations bring into force section 139 of the Crime and Policing Act 2026 on 1 September 2026 for England and Wales.

This provision amends the Safeguarding Vulnerable Groups Act 2006 by removing the exemption that excluded supervised roles from being classified as 'regulated activity' within the child workforce.

Consequently, individuals working closely and frequently with children are now subject to enhanced Disclosure and Barring Service (DBS) checks and children’s barred list checks, regardless of supervision levels.

Arguments For

The explanatory note states that the change is intended to align background check requirements with the high level of risk inherent in roles involving close and frequent contact with children.
The document indicates that by removing the supervision exemption, all individuals in the child workforce performing such roles will be subject to the highest-level Disclosure and Barring Service (DBS) checks.
The Regulations implement section 139 of the Crime and Policing Act 2026, which proponents argue ensures consistent safeguarding standards regardless of whether a worker is supervised.

Arguments Against

Legal scholars may note that the expansion of 'regulated activity' increases the number of individuals subject to criminal record monitoring and mandatory barring list checks, potentially raising privacy concerns.
Employers and volunteer organizations have previously expressed concern that removing the supervision exemption may increase administrative burdens and costs associated with obtaining enhanced DBS checks for all staff.
The document does not specify transitional arrangements for individuals currently in supervised roles who may now be legally required to undergo new checks or face barring restrictions by the September 2026 deadline.

Citation

These Regulations may be cited as the Crime and Policing Act 2026 (Commencement No. 2) Regulations 2026.

This section establishes the official name by which the regulations may be referenced in legal and administrative contexts.

It serves as the formal identifier for this specific set of commencement rules.

Provision coming into force on 1st September 2026

Section 139 (safeguarding vulnerable groups: regulated activity) of the Crime and Policing Act 2026 comes into force on 1st September 2026.

This section sets 1 September 2026 as the date when section 139 of the Crime and Policing Act 2026 becomes legally active. Once in force, this changes the definition of 'regulated activity' to include supervised roles, thereby requiring affected workers to undergo enhanced criminal record and barred list checks.

View Source