UK Government: Police Act 1997 Criminal Records Amendment Regulations 2026 Issued

New regulations, titled "The Police Act 1997 (Criminal Records) (Amendment) Regulations 2026," are being introduced in the UK to amend the prescribed fees associated with criminal record checks under the Police Act 1997.

This development directly impacts individuals and organisations requiring criminal record checks, such as employers, volunteer organisations, and individuals seeking certain licenses or employment. An amendment to fees could mean an increase or decrease in the cost of obtaining Disclosure and Barring Service (DBS) checks (formerly CRB checks), affecting budgets and administrative processes for many entities. It also reflects the ongoing administrative costs associated with maintaining and processing criminal record information, which are often passed on to applicants or requesting organisations. The financial implications, however minor for a single check, can be substantial for organisations processing a high volume of applications.

The legal context for these regulations stems from the Police Act 1997, which established the framework for criminal record checks in England and Wales, primarily through the Disclosure and Barring Service (DBS). The Police Act 1997 (Criminal Records) Regulations 2002 (S.I. 2002/233) set out the initial fee structure and procedural details for these checks. The new 2026 Regulations are secondary legislation, exercising powers granted by the primary Act to adjust administrative details like fees. The DBS is the key body responsible for carrying out these checks, which are crucial for safeguarding vulnerable groups and ensuring suitability for certain roles.

Key parties involved include the Home Office, which is responsible for the DBS and broader criminal records policy, and the Disclosure and Barring Service (DBS) itself, which administers the checks and collects the fees. Employers across various sectors, particularly those in education, healthcare, and social care, as well as volunteer organisations and individuals applying for checks, are directly affected stakeholders. The amendment reflects a governmental decision regarding the cost recovery model for these essential services.

Legal professionals advising employers, charities, or individuals on recruitment, safeguarding, or licensing requirements must be aware of these impending fee changes. It is essential to monitor the full text of the 2026 Regulations upon their publication to ascertain the new fee structure. This will allow for accurate budgeting and advice regarding the cost implications of obtaining standard, enhanced, or basic criminal record disclosures, ensuring compliance and avoiding unexpected expenses for clients. Practitioners should also consider updating internal guidance and client communications to reflect the revised fee schedule.