Citation, commencement and extent

1.—(1) These Regulations may be cited as the Armed Forces (Covenant) Regulations 2022 and come into force on the fourteenth day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories, except Gibraltar.

Guidance under section 343AE(1) of the Act

2.  The guidance entitled “Statutory guidance on the Armed Forces Covenant Duty” issued by the Secretary of State under section 343AE(1) of the Act and laid in draft before Parliament on 20th July 2022, takes effect on the day on which these regulations come into force.

Relevant family members

3.—(1) A person is prescribed as a relevant family member for the purposes of section 343B of the Act where, in relation to a service member or former service member (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 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 dependent 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;

(d)where A is deceased, anyone who was a relevant family member of A under sub-paragraphs (a) to (c) immediately before A’s death.

(2) In this regulation—

“child” means a person under the age of 18 years;

“relative” in relation to A or A’s spouse or civil partner, means—

(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 or a person whose relationship with A was formerly akin to a relationship between spouses or civil partners.

(4) For the purposes of this regulation, a person is a child of a person (P) if—

(a)P is the parent of the person; or

(b)the person is the responsibility of P.

(5) For the purposes of paragraph (1)(c), 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.

(6) For the purposes of paragraphs (2)(c) and (4)(b), a child is the responsibility of A or A’s spouse or civil partner where—

(a)A or A’s spouse or civil partner has parental responsibility for the child within the meaning of section 3 of the Children Act 1989(2); or

(b)the child is someone who otherwise meets the criteria in paragraphs (1)(c)(ii) and (iii).

An impact assessment relating to the Armed Forces Act 2021 which introduced the provisions relating to the armed forces covenant duty by way of amendment to Part 16A of the Act is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1020165/20210225-Covenant_Duty_EconIA_v10Aug21-FINAL1.pdf and in hard copy by writing to the Armed Forces Covenant Team, Ministry of Defence, Level 6 Zone A, MOD Main Building, Whitehall, London SW1A 2HB.