Armed Forces Act 2006

[F1 [F2 343AA Due regard to principles: England U.K.

(1) In exercising in relation to England 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) a local authority in England;

(b) the governing body of a maintained school in England;

(c) the proprietor of an Academy in England;

(d) a non-maintained special school;

(e) the governing body of an institution within the further education sector in England;

(f) a special post-16 institution;

(g) [F3 NHS England];

[F4 (h) an integrated care board;]

(i) a National Health Service trust in England;

(j) an NHS foundation trust.

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

(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);

(b) Part 7 of the Housing Act 1996 (homelessness: England);

(c) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);

(d) section 1 of the Homelessness Act 2002 (duty of local housing authority in England to formulate a homelessness strategy);

(e) section 150 of the Localism Act 2011 (tenancy strategies);

(f) regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation deals with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).

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

(a) the Education Act 1996;

(b) Part 3 of the School Standards and Framework Act 1998 (school admissions);

(c) section 175 of the Education Act 2002 (duties of local authorities and governing bodies in relation to welfare of children);

(d) any provision of Part 3 of the Children and Families Act 2014, so far as it deals with special educational provision.

(6) In this section “relevant healthcare function” means a function under or by virtue of—

(a) the National Health Service Act 2006, or

(b) any provision of Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), so far as it deals with health care provision.

(7) In this section “health care provision” and “special educational provision” are to be interpreted as if this section were in Part 3 of the Children and Families Act 2014 (see section 21 of that Act).

(8) In this section—

• “Academy” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

• F5 ...

• “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;

• “institution within the further education sector” is to be interpreted in accordance with section 91(3) of the Further and Higher Education Act 1992;

• [F6 “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;]

• “local authority in England” means a county council in England, a district council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;

• “non-maintained special school” means a school which is approved under section 342 of the Education Act 1996;

• “maintained school” has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act);

• “proprietor”, in relation to an Academy, has the meaning given by section 579(1) of the Education Act 1996;

• “special post-16 institution” has the same meaning as in the Children and Families Act 2014 (see section 83 of that Act).]]

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

F3 Words in s. 343AA substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4 S. 343AA(3)(h) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 83(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 Words in s. 343AA(8) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 83(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 Words in s. 343AA(8) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 83(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)