Statutory Instruments
2021 No. 797 (C. 43)
Domestic Abuse, England And Wales
Housing, England
Probation, England And Wales
Prisons, England And Wales
The Domestic Abuse Act 2021 (Commencement No. 1 and Saving Provisions) Regulations 2021
Made
30th June 2021
The Secretary of State, in exercise of the powers conferred by section 90(6), (7) and (8) of the Domestic Abuse Act 2021( 1 ), makes the following Regulations.
Citation, interpretation and extent
1. —(1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 1 and Saving Provisions) Regulations 2021.
(2) In these Regulations “the Act” means the Domestic Abuse Act 2021 .
(3) These Regulations extend to England and Wales.
Provisions coming into force on 5th July 2021
2. —(1) Sections 1 (definition of “domestic abuse”) and 2 (definition of “personally connected”) of the Act come into force on 5th July 2021 only for the purposes of—
(a) sections 75 (strategy for prosecution and management of offenders), 76 (polygraph conditions for offenders released on licence) and 83 (report on the use of contact centres in England) of the Act; and
(b) sections 177 (whether it is reasonable to continue to occupy accommodation), 179 (duty of local housing authority in England to provide advisory services), 189 (priority need for accommodation) and 198 (referral of case to another local housing authority) of the Housing Act 1996( 2 ) and article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002( 3 ).
(2) Section 78 (homelessness: victims of domestic abuse) of the Act comes into force on 5th July 2021.
Provisions coming into force in the specified areas for the specified period
3. —(1) Section 76 of the Act comes into force in relation to the areas specified in paragraph (2) for the period specified in paragraph (3).
(2) The areas specified are the following police areas( 4 )—
(a) Cheshire;
(b) Cleveland;
(c) Cumbria;
(d) Durham;
(e) Greater Manchester;
(f) Humberside;
(g) Lancashire;
(h) Lincolnshire;
(i) Merseyside;
(j) Northumbria;
(k) North Yorkshire;
(l) South Yorkshire; and
(m) West Yorkshire.
(3) The period specified begins on 5th July 2021 and ends at the end of 5th July 2024.
Savings
4. —(1) Notwithstanding the coming into force of section 78(3) of the Act by virtue of regulation 2(2), section 178 of the Housing Act 1996 (meaning of associated person) continues to have effect in relation to—
(a) section 34 of the Deregulation Act 2015( 5 ) (further exemptions to section 33); and
(b) section 27 of the Housing and Planning Act 2016( 6 ) (prohibition on certain disposals).
(2) A polygraph condition included in a licence during the period specified in regulation 3(3) continues to apply after the end of that period and section 76 of the Act continues to have effect after the end of the period specified in regulation 3(3) in relation to any such polygraph condition included in a licence during that period.
Kit Malthouse
Minister of State
Ministry of Justice
30th June 2021
1996 c. 52 ; section 177 was amended by section 10(1) of the Homelessness Act 2002 (c. 7) ; section 179 was substituted by section 2 of the Homelessness Reduction Act 2017 (c. 13) ; in section 179(5) words were substituted by paragraph 141 of Schedule 24 to the Sentencing Act 2020 (c. 17) ; section 198(A1) was added by section 5(8) of the Homelessness Reduction Act 2017 (c. 13) .
The term “police area” has the meaning ascribed to it in section 101(1) of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30) . The police areas are listed in Schedule 1 to the Police Act 1996.