The Armed Forces Act 2006 (Continuation) Order 2025
This Order, presented to His Majesty in Council and approved by both Houses of Parliament, extends the expiry date of the Armed Forces Act 2006 for a further twelve months, ensuring that the Act, which was originally due to expire on 14th December 2025, remains in force until the end of 14th December 2026, as provided for under section 382(2) of that Act.
Arguments For
Ensures the continuity of crucial provisions within the Armed Forces Act 2006 for an additional year, maintaining necessary legal frameworks for service personnel until December 2026.
Utilizes the existing statutory mechanism (Section 382(2) of the Armed Forces Act 2006) established previously by Parliament for temporary extensions, ensuring legislative oversight through prior approval by both Houses of Parliament.
Avoids the administrative and operational disruption that would occur if the parent Act were allowed to expire, preserving the current judicial and disciplinary systems for the armed forces.
Arguments Against
Continually extending primary legislation via Order in Council avoids the need for a full Act of Parliament to review and renew the primary legislation, potentially limiting comprehensive parliamentary scrutiny of the original Act's ongoing necessity.
The annual continuation process mandates repeated, albeit necessary, procedure, which could be viewed as inefficient compared to legislating a longer, definitive extension period if the need for continuation is certain.
Allowing legislation to lapse unless actively renewed introduces regulatory uncertainty for long-term planning within the Ministry of Defence if future continuations are delayed or rejected.
At the Court at Buckingham Palace, the 15th day of October 2025
Present,
The King's Most Excellent Majesty in Council
A draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, His Majesty, on the advice of His Privy Council and in exercise of the power conferred by section 382(2) of the Armed Forces Act 2006 , makes the following Order.
This initial text confirms the formal setting and date of the Order: October 15, 2025, at Buckingham Palace, established before The King in Council.
It states that a draft of this legislative order received prior approval through a resolution passed by both the House of Commons and the House of Lords.
Finally, it confirms that His Majesty, acting on advice from the Privy Council and using the authority granted by section 382(2) of the Armed Forces Act 2006, enacts the subsequent Order.
- Citation and extent
(1) This Order may be cited as the Armed Forces Act 2006 (Continuation) Order 2025.
(2) This Order extends to England and Wales, Scotland, Northern Ireland, the Isle of Man, the Channel Islands and the British overseas territories (except Gibraltar).
The first clause sets the formal title of this legislation: the Armed Forces Act 2006 (Continuation) Order 2025.
Subsection (2) defines the geographical jurisdiction where this Order applies.
This includes the entirety of the United Kingdom (England, Wales, Scotland, Northern Ireland), the Isle of Man, the Channel Islands, and various British overseas territories, specifically excluding Gibraltar.
- Continuation of the Armed Forces Act 2006
The Armed Forces Act 2006 shall, instead of expiring at the end of 14th December 2025, expire at the end of 14th December 2026.
This is the operative provision, directly addressing the continuation of existing law.
It states that the Armed Forces Act 2006 will not lapse on its scheduled expiry date of December 14, 2025.
Instead, the expiry date is formally postponed, meaning the Act remains legally effective until the close of December 14, 2026.
Richard Tilbrook Clerk of the Privy Council
This section notes the official signature confirming the enactment.
Richard Tilbrook acts as the Clerk of the Privy Council, formally attesting to the Order's execution.
Explanatory Note (This note is not part of the Order)
Section 382 of the Armed Forces Act 2006 (“the 2006 Act”) provides that the 2006 Act will expire at the end of one year beginning with the day on which the Armed Forces Act 2021 (“the 2021 Act”) was passed, unless continued in force by Order in Council in accordance with that section. The 2021 Act was passed on 15th December 2021. The Armed Forces Act 2006 (Continuation) Order 2024 (S.I. 2024/1120) provided for the continuation of the 2006 Act for a period of 12 months. This Order provides for the continuation of the 2006 Act for a further period of 12 months, so that it expires at the end of 14th December 2026.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen.
The explanatory note clarifies that the power to extend the Armed Forces Act 2006 stems from Section 382 of that Act, which mandates automatic expiration one year after the passing of the Armed Forces Act 2021 (passed December 15, 2021), unless explicitly continued by an Order in Council.
This current Order is the second such continuation, following a previous 2024 Order, and extends the 2006 Act for an additional year, setting the new expiry date to December 14, 2026.
Finally, the note confirms that a regulatory impact assessment was deemed unnecessary because the Order is unlikely to cause significant financial or operational impacts across the private, public, or voluntary sectors.
Related
The Online Safety Act 2023 (Commencement No. 7) Regulations 2026
The Regulations brought into force specific sections of the Online Safety Act 2023, primarily mandating CSEA content reporting duties for regulated user-to-user services effective April 7, 2026.
Read MoreThe Air Navigation (Restriction of Flying) (Falkirk, Scotland) (Emergency) (Revocation) Regulations 2026
The statutory instrument that imposed emergency flight restrictions over an area in Falkirk, Scotland, was legally revoked with immediate effect.
Read MoreThe Carbon Capture Utilisation and Storage and Offshore Hydrogen Production (Miscellaneous Amendments) Regulations 2026
The Regulations amended six existing sets of health and safety legislation to explicitly include definitions, licensing rules, operator responsibilities, and safety case requirements for Carbon Capture, Utilisation and Storage (CCUS) and offshore hydrogen production activities.
Read MoreThe Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2026
The Order varied the 2013 Order to include offshore hydrogen production facilities within the scope of the Health and Safety at Work etc. Act 1974 application outside Great Britain.
Read More