The Armed Forces Commissioner (Family Definition, and Consequential and Transitional Provision etc.) Regulations 2026
These Regulations establish the legal definition of 'relevant family members' eligible to interact with the Armed Forces Commissioner and manage the transfer of functions from the Service Complaints Ombudsman to the Commissioner.
Effective 1 April 2026, the instrument replaces references to the Ombudsman with the Commissioner across existing service complaint and labor regulations, including the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
It applies to individuals subject to service law in the UK and their defined relatives, ensuring that pending cases and prior decisions are transitioned to the new office.
Arguments For
The regulations define 'relevant family member' to include spouses, civil partners, children, and dependent relatives, providing legal clarity for the Commissioner's remit.
The instrument facilitates the transfer of functions from the Service Complaints Ombudsman to the newly established Armed Forces Commissioner as authorized by the Armed Forces Commissioner Act 2025.
Transitional provisions ensure that existing applications and decisions made by the Ombudsman remain valid and are treated as being under the Commissioner's authority to maintain continuity.
The Ministry of Defence states that no significant impact on the private or voluntary sectors is foreseen, suggesting a focused administrative adjustment.
Arguments Against
Legal scholars might question the inclusion of 'akin to marriage' relationships in Regulation 3(3) as potentially leading to evidentiary disputes regarding eligibility.
Personnel and their families may face initial confusion during the transition period as the office of the Service Complaints Ombudsman is abolished and replaced.
Critics might argue that excluding certain complaints from the Commissioner's scope via Regulation 7's savings provisions limits immediate oversight for past Ombudsman actions.
The lack of a full impact assessment could be challenged if the administrative shift places unforeseen burdens on service law practitioners or families.
- -(1) These Regulations may be cited as the Armed Forces Commissioner (Family Definition, and Consequential and Transitional Provision etc.) Regulations 2026.
- (2) These Regulations come into force on 1st April 2026.
- (3) These Regulations, except for regulation 4, extend to England and Wales, Scotland and Northern Ireland.
- (4) Regulation 4 extends to England and Wales and Scotland.
This section establishes the official title of the regulations and sets the commencement date for all provisions as 1 April 2026.
It specifies the geographic reach of the law, noting that while most provisions apply UK-wide, Regulation 4 is limited to Great Britain.
- For the purposes of these Regulations- 'the 2006 Act' means the Armed Forces Act 2006; 'the 2000 Regulations' means the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000; 'the 2015 Regulations' means the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015; 'the commencement date' means 1st April 2026; 'the Commissioner' means the Armed Forces Commissioner; 'the Ombudsman' means the Service Complaints Ombudsman.
This section provides definitions for key terms and shortened titles used throughout the document.
It clarifies that 'the Commissioner' refers to the newly established Armed Forces Commissioner and 'the Ombudsman' refers to the outgoing Service Complaints Ombudsman.
- -(1) A person is a 'relevant family member' for the purposes of section 340IA of the 2006 Act where, in relation to a person subject to service law (A), the person is any of the following-
- (a) A's spouse or civil partner;
- (b) a child of A or of A's spouse or civil partner;
- (c) a person whose child is A;
- (d) a brother or sister, or step-brother or step-sister of A; (e) a relative of A or of A's spouse or civil partner where the relative is one of the following-
- (i) a member of A's household,
- (ii) wholly or mainly financially dependant on A or A's spouse or civil partner, or
- (iii) someone for whom A or A's spouse or civil partner has assumed regular and substantial caring responsibilities;
- (f) where A is deceased, anyone who was a relevant family member of A under subparagraphs (a) to (e) immediately before A's death. (2) In this regulation- 'child' means a person (C) who meets one or more of the following conditions in relation to another person (P)-
- (a) P is the parent or step-parent of C;
- (b) P has, or would have if domiciled in England and Wales, parental responsibility for C within the meaning of section 3 of the Children Act 1989;
- (c) P had, or would have had if domiciled in England and Wales, parental responsibility for C within the meaning of section 3 of the Children Act 1989;
- (d) C, while under the age of 18 years, is or was-
- (i) wholly or mainly financially dependent on P, or
- (ii) someone for whom P has or had assumed regular and substantial caring responsibilities. 'relative' in relation to A or A's spouse or civil partner, means any of the following-
- (a) a parent or step-parent of A's spouse or civil partner;
- (b) a grandparent, step-grandparent, great-grandparent, step-great-grandparent, grandchild, step-grandchild, great-grandchild or step-great-grandchild of A or of A's spouse or civil partner;
- (c) the brother, sister, step-brother or step-sister of A's spouse or civil partner;
- (d) the uncle, great-uncle, aunt, great-aunt, niece, great-niece, nephew, great-nephew or first cousin (including by marriage or civil partnership) of A or of A's spouse or civil partner. (3) For the purposes of this Regulation, references to A's spouse or civil partner includes-
- (a) a person whose relationship with A is akin to a relationship between spouses or civil partners;
- (b) a former spouse or civil partner of A;
- (c) a person whose relationship with A was formerly akin to a relationship between spouses or civil partners. (4) For the purposes of paragraph (1)(e), references to a person being a member of A's household includes references to a person who would be living in the same household as A but for the fact that A is temporarily living at another address for service reasons.
This section defines who qualifies as a 'relevant family member' of a service person for the purposes of the Commissioner's oversight.
The definition includes spouses, civil partners (including those in relationships 'akin' to these), children, parents, and a broad range of extended relatives if they are dependents or household members.
It ensures that the families of deceased service personnel maintain their status as relevant family members.
- -(1) The 2000 Regulations are amended as follows. (2) In regulation 13(4)(c) (Armed Forces)-
- (a) in paragraph (i), for 'Service Complaints Ombudsman' substitute 'Armed Forces Commissioner';
- (b) in paragraph (ii), for 'Ombudsman' substitute 'Commissioner'.
This section updates the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 to reflect the change in office. It replaces all references to the Service Complaints Ombudsman with the Armed Forces Commissioner within the context of armed forces employment rights.
- -(1) The 2015 Regulations are amended as follows. (2) In regulation 2(1) (interpretation)-
- (a) insert in the appropriate place- ''Commissioner' means the Armed Forces Commissioner;';
- (b) omit the definition of 'Ombudsman'. (3) In each place it occurs, including the heading of regulation 6, for 'Ombudsman' substitute 'Commissioner'.
This section modifies the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015.
It removes the definition of the Ombudsman and installs the Armed Forces Commissioner as the primary authority for service complaint notifications and procedures.
- -(1) Any application made to the Ombudsman before the commencement date by virtue of regulation 12 (review of a decision not to proceed with an appeal) of the Armed Forces (Service Complaints) Regulations 2015 is, for the purposes of regulation 13(4)(c) of the 2000 Regulations, to be treated as an application for a review to the Commissioner. (2) Any decision made by the Ombudsman before the commencement date in relation to an application in paragraph (1) is, for the purposes of regulation 13(4)(c)(ii) of the 2000 Regulations, to be treated as a decision of the Commissioner. (3) The amendments made by these Regulations to regulation 13(4)(c) of the 2000 Regulations do not affect proceedings brought under the 2000 Regulations before the commencement date.
This section provides transitional rules for labor-related complaints.
It directs that any pending review applications or existing decisions made by the Ombudsman before April 2026 are legally regarded as having been made by the Commissioner, though it preserves the validity of legal proceedings already underway.
- -(1) Regulation 3(2)(f) and (g) (excluded complaints) of the 2015 Regulations continue to have effect on and after the commencement date in relation to-
- (a) a decision made by the Ombudsman for the purposes of any provision of Part 14A of the 2006 Act before the commencement date;
- (b) the handling by the Ombudsman of a service complaint before the commencement date. (2) Regulation 6 of the 2015 Regulations (notifications to the Ombudsman) continues to have effect on and after the commencement date in relation to a communication which was referred by the Ombudsman before that date as if the first reference in that regulation to the Commissioner were a reference to the Ombudsman.
This section ensures that certain restrictions on complaints and previous notification procedures remain in force for actions taken by the Ombudsman prior to the handover.
Specifically, it maintains the exclusions for past Ombudsman decisions and ensures communications referred before April 2026 are processed under the original notification framework.
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