The Police Act 1997 (Criminal Records) (Amendment) Regulations 2025
These Regulations, made under powers in the Police Act 1997, amend existing criminal records regulations from 2002 and 2009 to introduce two new purposes for obtaining enhanced criminal record certificates.
First, they include assessing an applicant's suitability to hold a licence under the Pedicabs (London) Act 2024.
Second, they allow for enhanced checks, including barring list checks, when assessing a registered health care professional’s suitability to work with children or vulnerable adults if they are employed or contracted by the Secretary of State for Work and Pensions.
Arguments For
Widens the scope for enhanced criminal record checks to support the regulation of the new pedicab licensing regime established under the Pedicabs (London) Act 2024, ensuring public safety.
Extends enhanced criminal record checks (including barred list checks) to registered health care professionals employed or contracted by the Secretary of State for Work and Pensions when they are involved in assessing children or vulnerable adults, strengthening safeguarding within Department for Work and Pensions operations.
Provides necessary legal mechanisms to align criminal record checks with new licensing needs and specific employment requirements within government functions.
Arguments Against
Adds new administrative burdens and defined categories for criminal record checks, potentially increasing processing times for regulated activities under the Police Act 1997.
Introduces complexity by needing to cross-reference definitions of "registered health care professional" from separate social security legislation (Social Security Act 1998).
The explanatory note suggests no significant impact assessment was needed, which might lead to questions about the unforeseen consequences of expanding DBS checks into these specific employment and licensing sectors.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 113B(2)(b), 113BA(1), 113BB(1) and 125(1) of the Police Act 1997.
The Secretary of State has created these specific Regulations using legal authority granted under specified sections of the Police Act 1997.
Citation, commencement and extent
- (1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2025 and come into force on 21st January 2026.
(2) These Regulations extend to England and Wales.
The official name for this legislation is the Police Act 1997 (Criminal Records) (Amendment) Regulations 2025, and they become active on January 21st, 2026.
These rules apply only within the jurisdictions of England and Wales.
Amendments to the Police Act 1997 (Criminal Records) Regulations 2002 2. (1) The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation), after the definition of “local authority” insert—
““registered health care professional” has the same meaning as “health care professional” in section 39(1) of the Social Security Act 1998;”.
(3) In regulation 5A (enhanced criminal record certificates: prescribed purposes) after paragraph (zg) insert—
“(zh) considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024;
(zi) considering the applicant’s suitability to work as a registered health care professional, employed or engaged by—
(i) the Secretary of State for Work and Pensions; or
(ii) contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions;”.
The rules made under the Police Act 1997 in 2002 are being modified by these amendments.
In the interpretation section of the 2002 Regulations, a new definition is added: a "registered health care professional" now incorporates the definition used in section 39(1) of the Social Security Act 1998.
Regulation 5A, which lists valid reasons for needing enhanced criminal records checks, is updated.
A new purpose (zh) is added to cover checks required for securing a licence under the 2024 Act concerning pedicabs in London.
A further purpose (zi) is added, covering checks for assessing if someone is suitable to work as a registered health care professional for the Secretary of State for Work and Pensions, including individuals working for their contractors or sub-contractors.
Amendments to the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 3. (1) The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 are amended as follows.
(2) In regulation 5 (suitability information relating to children)—
(a) in paragraph (h), for “under that Scheme.” substitute “under that Scheme;”;
(b) after paragraph (h) insert—
“(i) considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024;
(j) considering the applicant’s suitability to assess children as a registered health care professional, within the meaning of “health care professional” in section 39(1) of the Social Security Act 1998, where the applicant is employed or engaged by—
(i) the Secretary of State for Work and Pensions; or
(ii) contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions;”.
(3) In regulation 6 (suitability information relating to vulnerable adults)—
(a) in paragraph (d), for “under that Scheme.” substitute “under that Scheme;”;
(b) after paragraph (d) insert—
“(e) considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024;
(f) considering the applicant’s suitability to assess vulnerable adults as a registered health care professional, within the meaning of “health care professional” in section 39(1) of the Social Security Act 1998, where the applicant is employed or engaged by—
(i) the Secretary of State for Work and Pensions; or
(ii) contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions;”.
The rules established under the Police Act 1997 in 2009 are also modified.
Regulation 5, which covers suitability checks regarding children, sees minor punctuation changes in paragraph (h), and two new reasons for mandatory checks are inserted.
The new provision (i) allows checks based on suitability for holding a pedicab licence issued under the 2024 Act.
The new provision (j) extends enhanced checks, including barred list reviews for children, to registered health care professionals assessing children while working for the Secretary of State for Work and Pensions or its contracted bodies.
Similarly, Regulation 6, dealing with checks concerning vulnerable adults, has minor punctuation updates and two new insertions.
Provision (e) covers suitability for holding a pedicab driver licence, paralleling the change made for children checks.
Provision (f) covers suitability assessments concerning vulnerable adults carried out by registered health care professionals employed by or contracted to the Secretary of State for Work and Pensions.
Explanatory Note (This note is not part of the Regulations)
These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 (S.I. 2002/233) and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2002/1882).
Regulation 2 enables an application for an enhanced criminal record certificate (including suitability information relating to both children and vulnerable adults) to be made for the purpose of (i) assessing an applicant’s suitability to obtain or hold a pedicab driver licence and (ii) assessing an applicant’s suitability to work or continue to work as a registered health care professional employed or engaged by the Secretary of State for Work and Pensions, or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions.
Regulation 3 ensures that (i) holders of a pedicab driver licence and (ii) registered health care professionals employed or engaged by the Secretary of State for Work and Pensions or by its contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions to assess children or vulnerable adults, are eligible for enhanced criminal record certificate with children’s and adults’ barred lists checks.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
This note clarifies that the instrument updates the 2002 and 2009 Regulations related to criminal records under the Police Act 1997.
Regulation 2 permits enhanced criminal record checks, covering suitability regarding children and vulnerable adults, specifically for vetting people applying for a pedicab driver licence or assessing health care professionals working for the Department for Work and Pensions (DWP) or its contractors.
Regulation 3 confirms that people holding pedicab licences, and DWP-affiliated health care professionals assessing children or vulnerable adults, qualify for enhanced certificates that include checks against barred lists.
Officials anticipate that these changes will have no major effect on the private, voluntary, or public sectors, meaning a detailed impact assessment was not necessary.
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