Armed Forces Bill 2024-26

8

Clause 2, page 3, line 19, at end insert— ""due regard” means that specified bodies should think about and place an appropriate amount of weight on the principles of the Armed Forces Covenant when they consider all the key factors relevant to how they carry out their functions."

5

Clause 2, page 6, line 37, at end insert— "343AZC National protocol for consistent access to public services (1) The Secretary of State must prepare and publish a national protocol for consistent access to public services for service people and relevant family members. (2) The national protocol must set out standardised procedures and expectations for the persons specified in section 343AZA(4) regarding the exercise of their functions in relation to the matters specified in section 343AZA(5). (3) In exercising a public function to which section 343AZA applies, a person specified in section 343AZA(4) must act in accordance with the national protocol. (4) The Secretary of State must lay a copy of the national protocol before each House of Parliament no later than six months after the day on which the Armed Forces Act 2026 is passed. (5) The Secretary of State may from time to time revise the national protocol and must publish and lay before each House of Parliament any revised version."

10

Clause 2, page 6, line 37, at end insert— "343AZC Continuity of NHS secondary care services (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of secondary care treatment for a person who— (a) is a dependent of a member of the regular or reserve forces who is receiving secondary care services from a health body in one part of the United Kingdom, and (b) becomes ordinarily resident in another part of the United Kingdom when the member of the armed forces to whom that person is dependent is posted. (2) The regulations must specify that the relevant health body must take reasonable steps to ensure that any course of secondary care treatment being provided to the dependent is appropriately transferred to an appropriate health body in the area to which the dependent relocates. (3) For the purposes of subsection (2), “appropriately transferred” means— (a) the dependent's treatment or place on a treatment waiting list is maintained upon transfer of responsibility of care between health bodies, and (b) the dependent will not require a new referral form from a general practitioner or other primary care professional as a condition for continuation of treatment upon transfer of responsibility of care between health bodies. (4) Regulations under this section must include a requirement for a national authority to issue guidance on— (a) the transfer of patient records, (b) the continuation of treatment pathways upon transfer of responsibility of care between health bodies, and (c) the preservation of waiting list placement upon transfer of responsibility of care between health bodies."

11

Clause 2, page 6, line 37, at end insert— "343AZC Continuity of plans for Special Educational Needs (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations to make provision for a plan for Special Educational Needs awarded to a person who— (a) is a parent serving in the Armed Forces, and (b) becomes ordinarily resident in another part of the United Kingdom when posted. (2) The regulations shall specify that the plan for Special Educational Needs awarded to a person in subsection (1), in respect of their child or children, must be portable when responsibility for delivering that plan is transferred from one education body or local authority to another. (3) The regulations made under subsection (1) shall provide that, if a service family are required to move from one base to another, for operational or other reasons, any plan for Special Educational Needs awarded to them or their child via their current education body or local authority shall remain equally valid, post-transfer, with the education body or local authority which covers the area of their new posting. (4) Serving families covered by subsection (2) shall have reasonable time to negotiate a named school for their plan in their new area with the relevant education body and local authority. (5) In this section, “a plan for Special Educational Needs” means— (a) in England, an Education and Health Care Plan, (b) in Wales, an Individual Development Plan, (c) in Scotland, a Co-ordinated Support Plan, (d) in Northern Ireland, a Statement of Special Educational Needs."

12

Clause 2, page 6, line 37, at end insert— "343AZC Continuity of adoption and fostering arrangements (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must by regulations make provision for the continuity of adoption and fostering arrangements for a person who— (a) is a serving member of the Armed Forces, (b) has entered into negotiations about potentially adopting or fostering children, and (c) is required to move base as part of their military service. (2) Regulations under subsection (1) must ensure that if a service family is required to move from one base to another, for operational or other reasons, any adoption or fostering arrangements they have made with their existing local authority should be appropriately transferred to the appropriate new local authority. (3) For the purposes of this section, “appropriately transferred” means any adoption or fostering arrangements shall not be disrupted as a result of the transfer from one local authority to another. (4) Regulations under subsection (1) must make provision for minimum residency requirements for adoption or fostering in a local authority to be waived for any service family which is required to move from one local authority jurisdiction to another, for operational or other reasons. (5) Service families in this position shall have an opportunity to re-negotiate potential adoption or fostering arrangements with the new local authority, including prior to transfer to their new posting."

13

Clause 2, page 6, line 37, at end insert— "343AZC Armed Forces Covenant Action Plans (1) Within six months of the passage of the Armed Forces Act 2026, the Secretary of State must make regulations requiring a local authority to which the Armed Forces Covenant duty applies to prepare and publish an Armed Forces Action Plan. (2) Regulations under subsection (1) must specify that an Armed Forces Action Plan set out— (a) the steps the authority intends to take to fulfil its duties under the Armed Forces Covenant, (b) how the authority will assess local need within the Armed Forces community, and (c) how resources will be allocated to support delivery of those duties. (3) A relevant local authority must, at least once in each reporting period, publish a report on progress made against its action plan. (4) In preparing an action plan and report under this section, a relevant local authority must have regard to any guidance or outcomes issued by the Secretary of State. (5) The Secretary of State may issue guidance, including indicative outcomes or measures, for the purposes of supporting consistent implementation and assessment of the Armed Forces Covenant duty."

2

Clause 3, page 8, line 13, leave out "service family accommodation" and insert "defence housing"

3

Clause 3, page 8, line 16, at end insert— "(6A) The standards in subsection (6) must at a minimum meet the 2006 decent homes standard."

4

Clause 3, page 9, line 12, at end insert— ""2006 decent homes standard" means the document called "A Decent Home: Definition and guidance for implementation” that was published by the Department for Communities and Local Government on 7 June 2006."

6

Clause 12, page 29, line 6, at end insert— "115C Duty to refer sexual offences and domestic abuse to civilian police (1) This section applies where a service police force or the tri-service serious crime unit is made aware of an allegation that a person subject to service law, or a civilian subject to service discipline, has committed a relevant offence in the United Kingdom. (2) The Provost Marshal of the relevant service police force, or the Provost Marshal for serious crime, must immediately refer the allegation and transfer the investigation to the relevant civilian police force. (3) In this section— "relevant civilian police force” means the civilian police force for the area in which the alleged offence took place; "relevant offence" means— (a) any offence under the Sexual Offences Act 2003, (b) an offence involving domestic abuse within the meaning of the Domestic Abuse Act 2021, or (c) an offence of attempting or conspiring to commit an offence within sub-paragraph (a) or (b). (4) The Secretary of State may by regulations specify further offences which are to be treated as a relevant offence for the purposes of this section."

9

Clause 20, page 34, line 27, at end insert "or (iii) a retired holder of such a rank."

7

Clause 31, page 51, line 2, at end insert— "(5) The Secretary of State must, in respect of each financial year, publish a report assessing the impact of the provisions under subsections (3) and (4) on the retention of personnel within His Majesty's forces. (6) The report under subsection (5) must include data on the number of personnel who have transferred between the regular and reserve forces, broken down by service and rank. (7) The first such report must be laid before each House of Parliament within a period of 12 months after the day on which this Act is passed. (8) Each subsequent report must be laid before each House of Parliament no later than 12 months after the publication of the last report under this section."

1

Clause 33, page 51, line 31, at end insert— "(2B) This section does not apply to any person who was discharged from the regular services or the reserve forces for a medical reason relating to physical or mental health."

NC1

To move the following Clause— "Single living accommodation standards (1) The Renters' Rights Act 2025 is amended as follows. (2) In section 101 (The standard of MOD accommodation), after “service family accommodation”, in each place it occurs, insert "and single living accommodation". (3) In subsection (10), at the appropriate place insert— ""single living accommodation” means any building or part of a building which is provided for the use of a person subject to service law or a civilian subject to service discipline as living accommodation, but which is not service family accommodation;”."

NC2

To move the following Clause— "Veterans' Mental Health Oversight Officer (1) The Armed Forces Act 2006 is amended as follows. (2) After section 343C (Establishment and functions of veterans advisory and pensions committees) insert— "343CA Establishment and functions of a Veterans' Mental Health Oversight Officer (1) The Secretary of State must appoint a person to be the Veterans' Mental Health Oversight Officer. (2) The general function of the Officer is to oversee the mental health care and treatment provided to veterans by the health bodies specified in section 343AZB. (3) In exercising their function, the Officer must, in particular, monitor and assess the extent to which health bodies are complying with the duty imposed by section 343AZA (Duty to have due regard to the covenant) in relation to the mental health and well-being of veterans. (4) The Officer may require a health body to provide such information as the Officer considers reasonably necessary to discharge their functions under this section. (5) The Officer must prepare an annual report on the exercise of their functions and the general state of veterans' mental health care and treatment in the United Kingdom. (6) The Secretary of State must lay a copy of the Officer's annual report before each House of Parliament. (7) In this section, “veteran” means a person who has at any time been a service member.""

NC3

To move the following Clause— "Duty to provide medical records on discharge (1) This section applies where a person ceases to be a member of the regular forces or the reserve forces. (2) The Secretary of State must by regulations make provision for a complete copy of the person's service medical records is provided to the person no later than one month after the day on which the person is discharged or otherwise ceases to be a member of those forces. (3) Those regulations may specify the manner and form in which service medical records are to be provided under this section, including provision for records to be transferred directly to a civilian health body with the person's consent. (4) In this section— "health body" has the same meaning as in section 343AZB; "service medical records” means any records relating to the person's physical or mental health care and treatment created or maintained by or on behalf of His Majesty's forces during the person's period of service."

NC4

To move the following Clause— "Independent review of Armed Forces recruitment and retention (1) The Secretary of State must commission an independent review of the processes for recruitment and retention across His Majesty's forces. (2) The review under subsection (1) must, in particular, consider— (a) the efficiency and consistency of recruitment processes across the Royal Navy, the regular army, the Royal Air Force and the reserve forces, (b) the effectiveness of steps being taken to improve diversity and inclusion within His Majesty's forces, (c) the impact of the quality of defence housing (including single living accommodation) on the retention of service personnel, and (d) the impact of the medical discharge process on retention and transition to civilian life. (3) A report of the review must be laid before each House of Parliament no later than 12 months after the day on which this Act is passed."

NC5

To move the following Clause— "An armed forces retention strategy (1) This section applies where the Secretary of State lays before Parliament the Ministry of Defence Votes A paper seeking Parliamentary authority for the maximum numbers of personnel to be maintained for service with the armed forces in the following financial year. (2) The Secretary of State must lay alongside the Votes A paper an armed forces retention strategy. (3) The retention strategy must include— (a) an assessment of the current rates of retention across the regular and reserve forces, (b) an explanation of the steps the Ministry of Defence is taking to improve retention to meet the maximum numbers of personnel set out in the Votes A paper, and (c) an assessment of the findings of the most recent Armed Forces Continuous Attitudes Survey and its findings regarding satisfaction with service life."

NC6

To move the following Clause— "National Veterans' Commissioner (England) After section 366 of the Armed Forces Act 2006 insert— "366A National Veterans' Commissioner (England): establishment (1) Within 12 months of the passing of the Armed Forces Act 2026, the Secretary of State must appoint a National Veterans' Commissioner for England ("the Commissioner"). (2) The Commissioner shall act independently in carrying out the functions of the office. (3) The Commissioner shall, amongst others, perform the following functions— (a) promote the interests of veterans in England; (b) monitor the operation and effectiveness of the Armed Forces Covenant in England; (c) review the effect of public policy and public services on veterans and their families; (d) identify barriers faced by veterans in accessing housing, healthcare, employment, education, and other public services; (e) make recommendations to the Secretary of State and to public authorities on improving support for veterans. (4) In exercising these functions the Commissioner may— (a) carry out reviews and investigations into matters affecting veterans; (b) consult veterans, service charities, public authorities, and other relevant organisations; (c) publish reports and recommendations. (5) The Commissioner shall prepare an annual report on the exercise of the Commissioner's functions. (6) The Commissioner may at any time prepare a report on any matter relating to the interests of veterans in England. (7) The Secretary of State shall lay any report prepared under this section before both Houses of Parliament. (8) The Secretary of State must make arrangements for— (a) the provision of such staff, accommodation, and other resources as they consider necessary for the Commissioner to carry out their functions; (b) the publication of the Commissioner's reports. (9) The Commissioner is to be appointed for a term of three years and may be reappointed for a further term. (10) The Secretary of State may remove the Commissioner from office only on grounds of— (a) incapacity, (b) misbehaviour, or (c) failure to discharge the functions of the office. (11) In this section— "public authority" has the same meaning as in section 6 of the Human Rights Act 1998; "veteran" means a person who has served in His Majesty's armed forces.""