The Housing Health and Safety Rating System (England) (Amendment) (No. 2) Regulations 2026

Part 1 Service Jurisdiction and Offences

1. Service discipline offences: extension of time limits for summary dealing etc.

(1) Section 99(2) of the Armed Forces Act 2006 (time limit for summary dealing with certain offences) is amended as follows.

(2) In subsection (2)(a) (offences under section 97(1) to (4)) for "12 months" there is substituted "3 years".

(3) In subsection (2)(b) (offences under section 97(5) to (7)) for "3 years" there is substituted "5 years".

(4) In subsection (2)(c) (offences under section 97(8) and (9)) for "6 years" there is substituted "7 years".

2. Service offences: time limit for Court Martial proceedings in relation to certain offences committed outside the UK

(1) Section 131 of the Armed Forces Act 2006 (time limit for Court Martial proceedings in relation to certain offences committed outside the UK) is amended as follows.

(2) In subsection (1) for "7 years" there is substituted "10 years".

3. Civilian courts: continuing jurisdiction in respect of certain service offences

(1) Section 190 of the Armed Forces Act 2006 (civilian courts: continuing jurisdiction in respect of certain service offences) is amended as follows.

(2) In subsection (3) (extension of time limit for bringing proceedings) for "7 years" there is substituted "10 years".

(3) In subsection (5) (extension of time limit for proceedings where a person is subject to service law) for "7 years" there is substituted "10 years".

(4) In subsection (6) (extension of time limit for proceedings where a person is under civilian sentence) for "7 years" there is substituted "10 years".

Part 2 Investigations into Operations Outside the UK

4. Provision of information relating to investigations into operations outside the UK

(1) The Secretary of State may by regulations make provision for or in connection with the provision of information relating to investigations into operations outside the United Kingdom.

(2) Regulations under subsection (1) may make provision for or in connection with requirements on service authorities, service police, or other persons specified in the regulations, to provide information to the Secretary of State.

(3) The information that may be provided for or in connection with the provision of information relating to investigations into operations outside the United Kingdom includes information that—

(a) is held by a service authority, service police, or other persons specified in the regulations, and

(b) relates to such an investigation.

(4) Before making regulations under this section, the Secretary of State must consult such persons as appears to the Secretary of State to be appropriate.

(5) The power to make regulations under this section is exercisable by statutory instrument.

(6) A statutory instrument containing regulations under this section must be laid before Parliament after being made.

5. Protection for giving evidence in relation to investigations into operations outside the UK

(1) This section applies to proceedings in the United Kingdom of a description mentioned in subsection (2) where a person gives evidence relating to an investigation into an operation outside the United Kingdom.

(2) Proceedings are of a description mentioned in this subsection if they are—

(a) criminal proceedings (other than proceedings under the Armed Forces Act 2006, unless the proceedings are brought by the Director of Service Prosecutions or the Director of Counter-Invasion Prosecutions);

(b) civil proceedings;

(c) a public inquiry or other inquiry of a description specified in regulations made by the Secretary of State.

(3) A person who gives evidence as mentioned in subsection (1) is not liable in any proceedings in the United Kingdom to any penalty or forfeiture for or on account of any evidence given by or to him or her, or for or on account of anything done by him or her which was done in compliance with a requirement to give evidence imposed by virtue of subsection (5).

(4) Subsection (3) does not prevent—

(a) the drawing of adverse inferences in civil proceedings;

(b) the institution of proceedings for a service offence where the offence is perjury in giving the evidence or otherwise making a false statement in connection with the evidence or related statement in the proceedings, or the offence of attempting to commit a service offence of perjury in giving such evidence or otherwise making a false statement in connection with the evidence or a related statement in the proceedings.

(5) The Secretary of State may by regulations impose requirements on service authorities, service police, or other persons specified in the regulations, to give evidence or produce documents relating to an investigation into an operation outside the United Kingdom.

(6) Before making regulations under subsection (5), the Secretary of State must consult such persons as appears to the Secretary of State to be appropriate.

(7) The power to make regulations under subsection (5) is exercisable by statutory instrument.

(8) A statutory instrument containing regulations under subsection (5) must be laid before Parliament after being made.

Part 3 Miscellaneous and General

6. Continuing service of personnel who would otherwise be discharged

(1) Section 293 of the Armed Forces Act 2006 (continuing service of personnel who would otherwise be discharged) is amended as follows.

(2) In subsection (1)(a) (condition relating to release from service) for "the person is entitled to be discharged or released from service at the time specified in the order or notice" there is substituted "the person is entitled to be discharged or released from service at the time specified in the order or notice, or at such later time as the prescribed authority directs".

(3) In subsection (3)(b) (order or notice requiring service to continue) for "the person is entitled to be discharged or released from service at the time specified in the order or notice" there is substituted "the person is entitled to be discharged or released from service at the time specified in the order or notice, or at such later time as the prescribed authority directs".

(4) In subsection (5) (period for which service may be continued) for "up to 12 months" there is substituted "up to 24 months".

(5) In subsection (6)(a) (extension where person is entitled to be discharged or released) for "the person is entitled to be discharged or released from service at the time specified in the order or notice" there is substituted "the person is entitled to be discharged or released from service at the time specified in the order or notice, or at such later time as the prescribed authority directs".

7. Short title, commencement and extent

(1) This Act may be cited as the Armed Forces Act 2021.

(2) Subject to subsection (3), this Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3) This section, and section 4(3) to (8), come into force on the day on which this Act is passed.

(4) An order under subsection (2) may include saving or transitional provisions of any kind as the Secretary of State considers appropriate.

(5) Subject to subsections (6) and (7), this Act extends to the United Kingdom, Gibraltar and the British Overseas Territories.

(6) The repeal or amendment of an enactment in Schedule 1 has the same extent as the enactment being repealed or amended.

(7) An amendment or repeal of an enactment in Schedule 1 is effective in relation to a territory mentioned in subsection (5) only if the enactment extended to that territory when it was passed.