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| | (11) | The Military Covenant Panel shall have the duty of— |
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| | (a) | publishing an annual report (the “Military Covenant Panel Report”) on |
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| | the way which the Secretary of State has implemented the Military |
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| | (b) | the duties or functions conferred upon it by other provisions of this Act |
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| | (12) | The Military Covenant Panel may, in the performance of its duties, seek |
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| | information from or give advice to any body or person. |
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| | (13) | The Secretary of State shall lay the Military Covenant Panel Report before |
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| | (14) | The Military Covenant Panel Report shall be published separately from the |
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| | Military Covenant Report to be reported by the Secretary of State under the duty |
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| | under subsection (8) (“Military Covenant Report”) of this Act. |
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| | (15) | The Secretary of State has a duty to issue guidance (“the Principles of the Military |
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| | Covenant and the Government’s ambitions”) outlining and reviewing detailed |
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| | principles of the Military Covenant and the aspirations of Her Majesty’s |
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| | Government relating to the Military Covenant at least once every five years. |
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| | (16) | The first “Principles of the Military Covenant and the Government’s ambitions” |
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| | guidance should be published by 1 November 2011.’. |
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| To move the following Schedule:— |
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| | 1 | The United Kingdom’s commitment to its Armed Forces is made in |
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| | recognition that a career in the Armed Forces differs from all others. The |
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| | Military Covenant recognised that Service personnel agree to sacrifice certain |
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| | civil liberties and to follow orders, including orders to place themselves in |
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| | harm’s way in the defence of others. In return, the United Kingdom shall help, |
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| | support and reward people who serve in the Armed Forces. |
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| | 2 | No member of the Armed Forces shall suffer inequalities of outcome arising |
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| | from their Service when accessing public services. |
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| | 3 | Members of the Armed Forces should have continuity of access to public |
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| | services during their service.’. |
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| Clause 2, page 2, line 7, at end insert— |
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| | ‘(1A) | When preparing the report, the Secretary of State shall consult— |
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| | (i) | any guidance issued by the Secretary of State on the detailed |
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| | principles of the Armed Forces Covenant and Her Majesty’s |
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| | Government’s aspirations relating to the Armed Forces |
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| | (ii) | representatives of the armed forces; |
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| | (iii) | the Royal British Legion; |
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| | (iv) | representatives from armed forces charities; |
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| | (v) | the Armed Forces Covenant Panel; |
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| | (vi) | other interested parties. |
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| | (1B) | The first report to be laid under this section shall be laid before both Houses of |
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| | Parliament by 1 November 2011.’. |
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| Clause 2, page 2, leave out lines 11 and 12 and insert ‘of the operation of the duties |
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| imposed on public authorities by section 359B (Armed Forces Covenant: duties and |
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| Clause 2, page 2, line 40, leave out subsection (6). |
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| | Armed Forces Covenant: duties and guidance |
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| To move the following Clause:— |
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| | ‘After section 359 of AFA 2006 insert— |
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| | “359B | Armed Forces Covenant: duties and guidance |
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| | (1) | In this Act, the ‘Armed Forces Covenant’ shall have the meaning in |
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| | Schedule 15A (The Armed Forces Covenant). |
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| | (2) | An authority to which this section applies shall, when making a decision |
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| | of a strategic nature about how to exercise its functions, have due regard |
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| | to the Armed Forces Covenant. |
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| | (a) | In deciding how to fulfil a duty to which it is subject under |
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| | subsection (2), an authority must take into account any guidance |
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| | issued by the Secretary of State. |
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| | (b) | In producing any such guidance, the Secretary of State shall |
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| | consult such bodies or persons as the Secretary of State considers |
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| | (4) | The authorities to which this section applies are— |
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| | (a) | a Minister of the Crown; |
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| | (b) | a government department; |
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| | (c) | a county, metropolitan, city or district council; |
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| | (d) | the Greater London Authority; |
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| | (e) | a London borough council; |
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| | (f) | the Common Council of the City of London in its capacity as a |
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| | (g) | the Council of the Isles of Scilly; |
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| | (h) | a Strategic Health Authority established under section 13 of the |
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| | National Health Service Act 2006, or continued in existence by |
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| | (i) | a Primary Care Trust established under section 18 of that Act, or |
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| | continued in existence by virtue of that section; |
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| | (j) | a regional development agency established by the Regional |
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| | Development Agencies Act 1998. |
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| | (5) | The Secretary of State may by regulation amend subsection (4) so as to— |
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| | (a) | add a public authority to the authorities that are subject to the |
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| | duty under subsection (2); |
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| | (b) | remove an authority from those that are subject to that duty; |
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| | (c) | make the duty apply, in the case of a particular authority, only in |
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| | relation to certain functions that it has; |
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| | (d) | in the case of an authority to which the application of the duty is |
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| | already restricted to certain functions, remove or alter the |
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| | (6) | In subsection (5) ‘public authority’ means an authority that has functions |
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| | (7) | A failure in respect of a performance of a duty under subsection (2) does |
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| | not confer a cause of action at private law. |
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| | (8) | The Secretary of State has a duty to issue guidance to be known as ‘the |
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| | Principles of the Armed Forces Covenant and the Government’s |
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| | ambitions’, outlining and reviewing detailed principles of the Armed |
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| | Forces Covenant and the aspirations of Her Majesty’s Government |
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| | relating to the Armed Forces Covenant at least once every five years. |
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| | (9) | The first guidance under subsection (8) shall be published by 1 |
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| | The Armed Forces Covenant |
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| To move the following Clause:— |
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| | ‘After Schedule 15 to AFA 2006 insert— |
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| | “15A The Armed Forces Covenant |
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| | 1 | The United Kingdom’s commitment to its Armed Forces is made in |
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| | recognition that a career in the Armed Forces differs from all others. |
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| | The Armed Forces Covenant recognises that service personnel agree |
|
| | to sacrifice certain civil liberties and to follow orders, including orders |
|
| | to place themselves in harm’s way in the defence of others. In return, |
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| | the United Kingdom shall help, support and reward people who serve |
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| | |
| | 2 | No member of the Armed Forces shall suffer inequalities of outcome |
|
| | arising from their service when accessing public services. |
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| | 3 | Members of the Armed Forces should have continuity of access to |
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| | public services during their service.”.’. |
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| | Armed Forces Covenant Panel |
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| To move the following Clause:— |
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| | ‘After section 359 of AFA 2006 insert— |
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| | “359C | Armed Forces Covenant Panel |
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| | (1) | The Secretary of State shall appoint persons to form a panel known as the |
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| | Armed Forces Covenant Panel. |
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| | (2) | In appointing persons to the Armed Forces Covenant Panel, the Secretary |
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| | of State shall have regard to the requirement of securing that the Armed |
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| | Forces Covenant Panel includes persons who are members or former |
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| | (b) | charities representing the armed forces; |
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| | (c) | charities assisting the armed forces; |
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| | (d) | the body known or formerly known as the External Reference |
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| | (e) | other interested parties. |
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| | (3) | The Armed Forces Covenant Panel shall have— |
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| | (a) | the duty of publishing an annual report (the “Armed Forces |
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| | Covenant Panel Report”) on the way which the Secretary of State |
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| | has implemented the Armed Forces Covenant; and |
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| | (b) | the duties or functions conferred upon it by other provisions of |
|
| | this Act or any other enactment. |
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| | (4) | The Armed Forces Covenant Panel may, in the performance of its duties, |
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| | seek information from or give advice to any body or person. |
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| | (5) | The Secretary of State shall lay the Armed Forces Covenant Panel Report |
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| | before Parliament annually. |
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| | (6) | The Armed Forces Covenant Panel Report shall be published separately |
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| | from the Armed Forces Covenant Report to be prepared by the Secretary |
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| | of State under section 359A.”.’. |
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