Armed Forces Act 2006

[F1 [F2 343AD Due regard to principles: Northern Ireland U.K.

(1) In exercising in relation to Northern Ireland a relevant function, a person or body specified in subsection (3) must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

(b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

(c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—

(a) a relevant housing function,

(b) a relevant education function, or

(c) a relevant healthcare function.

(3) The specified persons and bodies are—

(a) the Northern Ireland Housing Executive;

(b) the Education Authority established under section 1(1) of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.));

(c) the Board of Governors of a grant-aided school in Northern Ireland;

(d) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));

(e) a Local Commissioning Group appointed under section 9 of the Health and Social Care (Reform) Act (Northern Ireland) 2009);

(f) a Health and Social Care trust established by virtue of Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), other than the Northern Ireland Ambulance Service Health and Social Care Trust.

(4) In this section “relevant housing function” means a function under or by virtue of any of the following—

(a) Articles 22 (house allocation scheme) and 22A (allocation only to eligible persons) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3));

(b) Part 2 (housing the homeless) of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)), except Article 15;

(c) Chapter 2 of Part 3 of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)), so far as that Chapter relates to disabled facilities grants.

(5) In this section “relevant education function” means a function under or by virtue of any of the following—

(a) Article 52 (school transport) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3);

(b) in Part 2 (special educational needs) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)), Articles 6 to 16 and 19 to 20A;

(c) Article 16(4) and (5) (admission criteria) of the Education (Northern Ireland) Order 1997 (S.I. 1997/866 (N.I. 5));

(d) Articles 17 (duty on boards of governors to safeguard and promote the welfare of pupils) and 22 (admission to special schools of children resident outside Northern Ireland) of the Education and Libraries (Northern Ireland) Order 2003 (S.I. 2003/424 (N.I. 12)).

(6) In this section “relevant healthcare function” means a function under or by virtue of any of the following, so far as the function relates to health care—

(a) the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

(b) the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

(c) the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).

(7) In this section—

• “disabled facilities grant” has the meaning given by Article 35(4) of the Housing (Northern Ireland) Order 2003;

• “grant-aided school” means a grant-aided school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;

• “health care” means all forms of health care provided for individuals, whether relating to physical or mental health.]]

Textual Amendments

F1 Pt. 16A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 2, 32(3); S.I. 2012/669, art. 4(a)

F2 Ss. 343AA-343AF inserted (1.5.2022 for specified purposes, 22.11.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 8(3), 24(1); S.I. 2022/471, reg. 3; S.I. 2022/1161, reg. 3