Following a recent change in UK Government legislation, the rules on regulated activity changed from 1 September 2026, such that supervision no longer automatically excludes an individual from being considered to be undertaking regulated activity.
As a result, anyone who regularly teaches, trains, instructs, cares for or supervises children in England, Wales and Northern Ireland may now be classed as undertaking regulated activity, even where their work or volunteering is overseen by another adult.
This means sailing clubs should review any roles that previously required an Enhanced DBS check without a Children’s Barred List check because supervision placed them outside the scope of regulated activity.
In light of the legislative changes, clubs should consider whether these roles now meet the criteria for regulated activity and therefore require an Enhanced DBS check with a Children’s Barred List check.
Eligibility for an Enhanced DBS check is not limited to regulated activity. Individuals undertaking certain roles involving the teaching, training, instruction, care or supervision of children may still be eligible for an Enhanced DBS check, even where the role is not classified as regulated activity. However, a Children’s Barred List check can only be requested where the role meets the legal definition of regulated activity.
The RYA will be launching its own club and centre specific eligibility tool this winter; in the meantime, individuals can find out what type of DBS check one can get, and clubs should:
- Review roles involving contact with children
- Consider whether previously supervised roles now meet the definition of regulated activity
- Ensure the appropriate level of DBS check is being obtained
- Update safer recruitment and safeguarding procedures where necessary
- Review the official guidance from the DBS regarding what these changes mean
The annual DBS conference next month will explore the legislative changes in more details. Any questions regarding the changes should be directed to [email protected].
