The Ministry of Defence has made the Armed Forces Commissioner Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, bringing the new oversight framework into force in two stages across the UK. The instrument (S.I. 2026/14) was made on 8 January 2026 and applies to England and Wales, Scotland and Northern Ireland, providing legal clarity on timing and continuity.
From 2 March 2026, section 1(1) and section 1(4) of the Armed Forces Commissioner Act 2025, together with Schedule 1, take effect. This establishes the office of the Armed Forces Commissioner, enabling appointments and organisational set‑up ahead of the assumption of statutory functions.
From 1 April 2026, further provisions commence: section 1(2) and 1(3), section 2 on functions in relation to service complaints, section 4 on general service welfare, section 5 on consequential amendments, and Schedule 2 except paragraph 22. The Explanatory Note confirms that this stage also abolishes the office of the Service Complaints Ombudsman, consolidating oversight under the new Commissioner.
Transitional rules ensure complainants are not disadvantaged. Any application made to the Service Complaints Ombudsman before 1 April under section 340H(1) of the Armed Forces Act 2006 or under regulations 7(1) or 12(1) of the Armed Forces (Service Complaints) Regulations 2015 will, from that date, be treated as if made to the Commissioner. No resubmission is required and existing case references remain valid.
Investigations already begun-or capable of being begun-by the Ombudsman under section 340H(1) may be continued by the Commissioner after 1 April. However, where the Ombudsman has completed an investigation under section 340H(1)(a) or (b), the Commissioner is prevented from investigating a subsequent application about the same complaint, unless permitted by regulations made under section 340H(11). This guard against duplication preserves procedural finality.
For reporting and accountability, the Commissioner’s annual report for the calendar year 2026 under section 340O must include activity undertaken by the Ombudsman before 1 April. This ensures a single public account of oversight across the year despite the mid‑year transfer of functions.
Continuity provisions cover legal and administrative matters. Acts, omissions and proceedings by or in relation to the Ombudsman are treated as by or in relation to the Commissioner from 1 April, allowing live litigation and casework to continue without interruption. References to the Ombudsman in existing enactments or documents are to be read, so far as necessary, as references to the Commissioner, and the Ombudsman’s property, rights and liabilities transfer to the Commissioner on that date.
For serving personnel and families, the change should be largely seamless. Applications already lodged continue without action by the applicant, and investigations carry on under the new office. Units and commands should ensure guidance, privacy notices and referral pathways reflect the new statutory office ahead of 1 April to avoid uncertainty for complainants.
Administratively, single‑Service casework teams should align case management systems and correspondence templates to the Commissioner’s title and powers from the relevant dates. Consequential amendments begun on 1 April (with paragraph 22 of Schedule 2 deferred) may require updates to internal policy manuals and training materials to ensure statutory references remain accurate.
The instrument is signed by Parliamentary Under Secretary of State Louise Sandher‑Jones and includes an Explanatory Note stating that no full impact assessment has been produced, as no significant impact is foreseen. Stakeholders should plan on a two‑date transition: organisational establishment by 2 March, and the full transfer of complaints and welfare functions by 1 April.