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A guide to eligibility for criminal record checks

Individuals and the self-employed cannot apply for a check directly.

A DBS check will be requested as part of an organisation’s pre-employment screening following an offer of employment, including volunteering roles and applications for specific licences. If you have been asked to apply for a check and are unsure how to obtain one, please speak to your employer.

Legal Responsibilities

Before an organisation considers asking a person to make an application for a DBS check, they are legally responsible for ensuring that they are entitled to submit a check for the job role. This means that Verifile must satisfy itself that the position is eligible under the current legal provisions before we countersign each application.

The list below describes the most commonly submitted positions and duties that are known as the exceptions to the Rehabilitation of Offenders Act 1974. It should be noted that this is not an exhaustive list.

Types of DBS check available

  • Standard checks – To be eligible for a standard level DBS check, the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.
  • Enhanced checks – To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in the Police Act 1997 (Criminal Records) Regulations.
  • Enhanced checks with children’s and/or adult’s barred list check(s) – To be eligible to request a check of the children’s or adult’s barred lists, the position must be eligible for an enhanced level DBS check as above and be specifically listed in the Police Act 1997 (Criminal Records) Regulations as able to check the barred list(s).

You can access the various Police Act 1997 (Criminal Records) Regulations by searching for them on Legislation.gov.uk. This will not provide a list of job roles – such a list does not exist. Instead each Regulation can be opened to identify what roles, duties or activities have been included from the date that the Regulation was brought in. It is important to note that the Regulations can also remove roles, duties or activities.

Regulated Activity
 
Category type
Category Code
Any work which is currently defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006.
1
Any work defined as "work with children" in regulation 5C of the Police Act 1997 (Criminal Records) Regulations 2002.
2
Any work which is currently defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006.
Any work defined as "work with adults" in regulation 5B of the Police Act 1997 (Criminal Records) Regulations 2002.
4
Any office or employment which is concerned with:
a) the provision of care services to vulnerable adults.
b) the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment; and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services.
5
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children.
6
 
Medical
 
Category type
Category Code
Healthcare Professional – A person who is regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002. Examples of such professions include:
  • Dentist, dental hygienist, dental auxiliary
  • Nurse, midwife
  • Ophthalmic optician, dispensing optician
  • Pharmaceutical chemist
  • Any profession to which the Professions Supplementary to Medicine Act 1960 applies and which is undertaken following registration under that Act.
7
Veterinary surgeon – on entry into the profession only
10
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties.
21
Any employment in the Royal Society for the Prevention of Cruelty to Animals (the RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals.
24
For obtaining or holding a licence under regulation 5 of the Misuse of Drugs Regulations 2001 (a) or under article 3(2) of Regulation 2004/273/EC (b) or under article 6(1) of Regulations 2005/111/EC(c).
61
 
Law and Order
 
Category type
Category Code
Barrister (in England and Wales), solicitor – on entry into the profession only
8
Registered foreign lawyer – on entry into the profession only
12
Chartered Legal Executive or other Chartered Institute of Legal Executive (CILEx) authorised person – on entry into the profession only
13
Judicial appointments
14
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service
15
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who can act on behalf of and under the supervision of such a registered person.
32
Approved Legal Services Body Manager
46
CILEx approved manager
47
Those working for Alternative Business Structures as:
  • Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007
  • Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007
  • Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007
48
For licenses issued under Section 8 of the Private Security Industry Act 2001
54
The following Court Positions:
  • Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c)
  • Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings
  • Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary
  • Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court
  • Court security officers and tribunal security officers
  • Court contractors who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts
  • Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals
  • Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court contractors who receive payment in pursuance of a conviction or order of a magistrates' court
29
The following persons:
  • Court officers who execute county court warrants
  • High Court enforcement officers
  • Sheriffs and under-sheriffs
  • Tipstaffs
  • Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d)
  • Persons who execute writs of sequestration
  • Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980
  • Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act
  • Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)
30
Designated officers for:
  • magistrates' courts
  • justices of the peace
  • local justice areas
  • justices' clerks
  • assistants to justices' clerks
16
Persons employed for the purposes of assisting constables of a Police Force established under any enactment
17
Any employment within the precincts of a:
  • prison
  • remand centre
  • removal centre
  • short term holding facility
  • detention centre
  • borstal institution
  • young offenders institution
  • members of boards of visitors (England and Wales)
18
Traffic wardens
19
The Commissioners for Her Majesty’s Revenue and Customs (HMRC) and any office or employment in their services
25
The Director and any office or employment in the Revenue and Customs Prosecutions Office
26
An individual designated under section 2 of the Traffic Management Act 2004 – those who can take over police functions working as on-road traffic operations staff
28
Individuals seeking to carry, acquire or transfer prohibited weapons or ammunition under section 5 of the Firearms Act 1968(c) – Maritime armed guards
31
Individuals seeking authorisation from the Secretary Of State for the Home Department to become authorised search officers
43
Police and Crime Commissioners 54
Any employment or other work in England and Wales regarding counter fraud, investigation and security management in the National Health Service (NHS) 55
 
Finance
 
Category type
Category Code
Chartered accountant, certified accountant – on entry into the profession only
9
Actuary – on entry into the profession only
11
Financial Services position – This means all positions for which the Financial Conduct Authority (previously the Financial Services Authority) or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000.
22
Those working within an Authorised Payment Institution as:
  • Directors and managers
  • Holders of qualifying holdings
  • Controllers of the Authorised Payment Institution
23
The Commissioners for the Gambling Commission and any office or employment in their service. 53
For National Lottery licensing purposes
57
For obtaining or holding a personal or operating licence under Part 5 or Part 6 of the Gambling Act 2005
60
For the award of public works contracts, public supply contracts and public service contracts in accordance with the Public Contract Regulations 2015 and the Utilities Contracts Regulations 2016 44
 
Childcare
 
Category type
Category Code
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.
27
Any employment or other work where the normal duties: a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a)
33
Registration as a childminder agency
34
Any employment or office involved in the management of a childminder agency
35
A person working for a childminder agency who is required to enter day care or childminding premises for quality assurance purposes and, in the course of their normal duties, has
  • contact with the children there; or
  • access to sensitive or personal information about the children there
36
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place.
37
A person living in the same household as a person whose suitability is being assessed to work in
  • regulated activity with children
  • what would have been regulated activity with children before 10th September 2012
  • an FE institution or 16-19 Academy where the normal duties of that work involve regular contact with children and who lives on the same premises where the work would normally take place
38
Applications for prospective adopters, special guardians or anyone who lives in the adoption household in England and Wales
39
Applications for prospective foster carers, prospective private foster carers or anyone who lives in the fostering household in England and Wales
40
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit). 58
 
Social Services
 
Category type
Category Code
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf. 52
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000. 49
 
Other
 
Category type
Category Code
Football Stewards, supervisors or managers of football stewards
45
Any person who has applied to be granted membership of the Master Locksmiths Association
51
For Taxi Driver and Private Hire Vehicle licensing purposes 56

 

* Regulated Activity towards Adults
There are six categories (described in detail in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006) within the new definition of Regulated Activity:

1. Providing Healthcare - provision by a healthcare professional or under the direction or supervision of one.
A health care professional is a person who is regulated by one of the following professional regulators:

  • General Medical Council
  • General Dental Council
  • General Optical Council
  • General Osteopathic Council
  • General Chiropractic Council
  • General Pharmaceutical Council
  • Pharmaceutical Society of Northern Ireland
  • Nursing and Midwifery Council
  • Health Professions Council


2. Providing personal care - Relevant personal care is:
(a)    Physical help in connection with eating or drinking, for reasons of the adult’s age, illness or disability;
(b)    Physical help for reasons of age, illness, or disability, in connection with:

  • (i) toileting (including re menstruation)
  • (ii) washing, bathing, or dressing

(c)-(d) Prompting with supervision, in relation to (a)-(b), where the adult is otherwise unable to decide to do this without prompting or supervision;

(e)-(f) Other training or advice in relation to (a)-(b).

3. Providing social work - Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and a social care worker by virtue of section 55(2)(a) of that act.

4. Assisting with general household matters
Relevant assistance means day to day assistance in relation to the running of a household of the person concerned where the assistance is the carrying out of one or more of the following activities;

  • Managing a person’s cash,
  • Paying the person’s bills,
  • Shopping


5. Assisting in the conduct of people’s own affairs - Relevant assistance by virtue of a lasting power of attorney, an enduring power of attorney, an order by the court of protection, an independent mental health advocate, provisions of independent advocacy services.

6. Conveying adults to, from, or between places - Conveying: conveying adults for reasons of age, illness or disability to, from or between places where they receive healthcare, personal care or social work.
This includes:

  • Hospital porters
  • Patient Transport Service drivers and assistants
  • Ambulance Technicians and Emergency Care Assistants.

This excludes taxi or PHV drivers

 



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