Armed Forces Commissioner (Family Definition, and Consequential and Transitional Provision etc.) Regulations 2026

Lord Coaker Excerpts

Monday 2nd March 2026 Grand Committee

Moved by

[Lord Coaker]

That the Grand Committee do consider the Armed Forces Commissioner (Family Definition, and Consequential and Transitional Provision etc.) Regulations 2026.

[The Minister of State, Ministry of Defence (Lord Coaker) (Lab)]

I beg to move that the Grand Committee considers these regulations, which were laid before both Houses on 15 January. They form a key part of implementing the Armed Forces Commissioner Act 2025, which strengthens independent oversight and support for our service personnel and their families.

Before turning to the detail of these regulations, I acknowledge the considered scrutiny that this House gave to the “family” definition during the passage of the Act. In particular, I thank those noble Lords who engaged so thoughtfully on the definition of “family”. I am grateful to the noble Baroness, Lady Smith of Newnham, who is not in her place, for her scrutiny, and to the noble and gallant Lord, Lord Stirrup, the noble Lord, Lord Beamish, and the noble Earl, Lord Minto, as well as the noble Baroness, Lady Goldie, for their contributions on clarity, bereaved families and the breadth of modern family structures. Their careful examination directly shaped the regulations before us today.

Noble Lords offered valuable insights, particularly on recognising kinship carers and other parental figures. The House rightly highlighted the importance of those who step in, whether grandparents, aunts, uncles, siblings or family friends, to provide stable, long-term care, who should be fully recognised within the scope of the Armed Forces Commissioner. Noble Lords also raised the issue around non-traditional family structures, as well as on legal clarity, financial dependency, household membership and the position of bereaved families. These contributions have been instrumental in shaping the regulations now before the Committee.

The Government listened closely to those debates. The draft regulations reflect the issues raised, providing a clear and inclusive definition of “relevant family member” that fits modern service life. It is the same definition brought to Committee in this House, with only one small legal adjustment. The purpose of these regulations is to give full effect to the Armed Forces Commissioner Act by setting out a clear and inclusive definition of “family member” for the commissioner’s welfare remit. The Act creates an independent Armed Forces Commissioner with strong statutory powers to investigate welfare issues and report directly to Parliament, strengthening transparency and support across defence. By replacing the ombudsman with a more proactive model, it delivers a long-standing commitment to improve the lived experience of service personnel and their families. These regulations enable that.

A clear and inclusive family definition is essential because the commissioner’s ability to act depends on who falls within their remit. We know that service life impacts not only serving personnel but those closest to them. Partners, children, parents, siblings, carers and others often shoulder the pressures that come with military service. It is therefore right that the commissioner’s remit reflects this wider network of support.

During the passage of the Act in this House, the Government accepted the recommendation of the Delegated Powers and Regulatory Reform Committee that the definition of “relevant family members” should be set out in regulations subject to the affirmative rather than the negative procedure, ensuring that Parliament has the opportunity to debate the Government’s proposed definition. The Government consider that the family definition meets this higher level of parliamentary approval, which is reflected in the draft regulations before the Committee. Given that the definition is fundamental to the commissioner’s welfare role, it is right that both Houses have the opportunity to scrutinise and approve it directly.

At the same time, secondary legislation provides some flexibility to amend the definition in future without reopening primary legislation, ensuring that it can adapt as family structures evolve. This balanced approach strengthens parliamentary scrutiny while maintaining the ability to respond to social and demographic change.

The policy intention behind the definition is clear: to ensure that those most affected by service life are able to access the commissioner’s support. The definition therefore takes a broad and inclusive approach. It includes partners, including former partners and those in relationships akin to marriage, biological and stepchildren, adult children, siblings and stepsiblings, parents, stepparents, long-term foster carers, guardians and kinship carers. It also includes other relatives who are financially dependent on, live with or are cared for by the serviceperson. Bereaved family members are included where they fall within one of these categories immediately prior to the serviceperson’s death. This reflects the wide range of relationships that form modern service families and responds directly to the issues raised during the Lords’ scrutiny during the passage of the Bill, including the role which was especially raised of kinship carers and the importance of ensuring that bereaved families remain supported.

It is important to be clear that this definition applies solely to the commissioner’s welfare remit. It does not expand the scope of the service complaints system, nor does it alter other Ministry of Defence definitions of family members. It is tailored specifically to the commissioner’s purpose.

These regulations are made under powers provided by the Armed Forces Act 2006 and the Employment Relations Act 1999 as amended by the Armed Forces Commissioner Act 2025. This legislative framework gives the Secretary of State the authority to define relevant family members for the purpose of the commissioner’s functions, to make consequential amendments to related legislation and to establish transitional and savings provisions.

The Government have acted within that framework to produce a definition that is legally robust, operationally workable and reflects faithfully Parliament’s intent. These regulations are necessary to ensure that the commissioner can operate effectively from the moment the Act comes into force. Without a clear and comprehensive family definition, there would be significant uncertainty about who can raise concerns with the commissioner and who falls within their remit. Peers expressed strong interest in ensuring that the definition is inclusive and legally clear. During the passage of the Bill, issues such as financial dependency, household membership, the treatment of bereaved families and the position of kinship carers featured prominently. The draft regulations address each of these points directly.

These regulations also introduce essential consequential amendments to ensure a smooth transition from the Service Complaints Ombudsman to the Armed Forces Commissioner. This includes transferring functions and updating legislative references so that the system remains coherent and accessible. Transitional and savings provisions ensure that ongoing cases or applications are not disrupted. Families and serving personnel will receive clear guidance as the new system is introduced, helping them to understand their rights and how best to engage with the commissioner’s office.

In summary, these regulations provide the clarity, inclusivity and coherence required for the Armed Forces Commissioner to discharge their welfare functions effectively. They reflect the concerns, expertise and priorities expressed by this House, and they ensure that the commissioner’s remit aligns with the realities of modern service life. The Government believe that these regulations strengthen the support available to our service personnel and their families. I hope the Committee will join me in supporting these draft regulations, and I beg to move.

[Viscount Stansgate (Lab)]

My Lords, I will be brief. I thank the Minister for introducing these regulations, which I support, and for the way in which he did so.

In the interests of transparency, I should declare the interest that some Members of this Committee have already heard during the passage of the Bill through the House, which is that six months ago my daughter married a senior RAF officer. Therefore, I have a personal stake in the subject matter of the Act and the way in which it will be carried out by the Armed Forces Commissioner. I welcome the fact that it has the widest possible definition of family and family members to enable the commissioner to undertake her or his work.

There is just one question I want to ask, which I hope is not wrong, but it might be. Paragraph 4.3 of the Explanatory Memorandum says:

“The territorial application of this instrument (that is, where the instrument produces a practical effect) is the United Kingdom”.


However, I take it that the provisions of these regulations will apply to service personnel wherever they are around the globe, not solely those based in the United Kingdom. Of course, at this very moment Armed Forces personnel are engaged in conflict in the Middle East, so I hope that is a question that is not out of order and can be answered in the affirmative.

--- Later in debate ---

[Lord Coaker (Lab)]

I thank noble Lords for their contributions. I say in answer to the specific question from my noble friend Lord Stansgate that, yes, the regulations apply to wherever anyone serves. I thank him for raising that issue and allowing me to clarify that point.

With respect to the noble Lord, Lord Lancaster, I wish to read a particular thing. I thank him for his question and for his work with the reserves. It would be remiss of me not to pay tribute to the work he does with respect to them. The specific nature of the noble Lord’s question concerned what the term “Reserve Forces” includes. Schedule 1 to the Armed Forces Commissioner Act 2025 inserted new Schedule 14ZA into the Armed Forces Act 2006. The meaning of “Reserve Forces” in this legislation is the same as in the Reserve Forces Act 1996. It includes the volunteer reserve and the ex-regular reserve, but not individuals in the so-called recall reserve. That is the legislative position. I hope that is helpful to noble Lords.

I thank the noble Baroness, Lady Goldie, for her general welcome of the regulations before us and the constructive way in which she engaged with them. I made a commitment on the whistleblower review. An interim review has been done; we are looking at that. We will invite the noble Baroness, Lady Goldie, the noble Earl, Lord Minto, and the noble Baronesses, Lady Smith and Lady Kramer, to the Ministry of Defence to have a look through where we have got to with the whistleblower review before we publish something, so that they can see where we are.

The intention of that, with respect to this issue and the noble Baroness’s question regarding the families, is for us to ensure that families who complain or bring forward concerns around service life under this provision or, indeed, in a more general sense are protected from feeling as though they will suffer detriment as a result of bringing something forward either under this instrument or more generally. I hope that that answers the noble Baroness’s question, which she asked specifically in reference to this point, and her more general point about whistleblowing.

All the noble Lords and noble Baronesses who I mentioned will, in due course, receive a letter asking them to come to the Ministry of Defence to discuss where we are on this point. I made that parliamentary commitment, and it is important to honour such parliamentary commitments. In general, you may not be able to amend legislation, but—this is an important point, as the noble Baroness, Lady Goldie, will know—if a Minister makes a commitment to do something in order for something to be withdrawn, it is important that they follow through on that. I hope that that answers the noble Baroness’s questions with respect to safeguards and the review.

On monitoring, let me reflect on that point about the review. The point about secondary legislation is that, if something is not working, you can look at it again, but the broad definition of what we have and the work of the commissioner are important. I remind the noble Baroness, Lady Goldie, that the commissioner has to publish a report and give it to Parliament. One would expect that if a particular problem had arisen as a result of their work, that would be reported in that annual report so that we could all see whether the regulations were working in the way we had hoped or whether the commissioner was drawing attention to something that Parliament needed to consider again. I would expect that to be the place where any review that was necessary would be pointed out.

With those remarks, I hope that I have answered the various questions asked by noble Lords. I thank everyone for their contributions and their involvement in these regulations.

Motion agreed.