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Statutory Instruments

2024 No. 1191 (C. 76)

DOMESTIC ABUSE, ENGLAND AND WALES

The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024

Made

18th November 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1), 90(6), (7) and (8) of the Domestic Abuse Act 2021(1).

Citation, interpretation and extentI1

1.—(1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024.

(2) In these Regulations—

(a)a reference to a section, Part or Schedule by number alone means the section, Part or Schedule so numbered in the Domestic Abuse Act 2021;

(b)a reference to a DAPO includes—

(i)an application for a DAPO or the making of a DAPO, and

(ii)an application for variation or discharge of a DAPO or the variation or discharge of a DAPO;

(c)DAPN” means a domestic abuse protection notice within the meaning of section 22;

(d)DAPO” means a domestic abuse protection order within the meaning of section 27;

(e)higher court” means, where the DAPO was made in—

(i)the family court, the High Court or the Court of Appeal;

(ii)the High Court, the Court of Appeal;

(iii)the county court, the High Court or the Court of Appeal;

(iv)the magistrates’ court, the Crown Court;

(v)the Crown Court, the Court of Appeal;

(f)P” means—

(i)the person to whom a DAPN is to be given or has been given, or

(ii)the person against whom a DAPO is sought or has been made;

(g)specified period” means the period beginning with 27 November 2024 and ending with 26 November 2025.

(3) These Regulations extend to England and Wales only.

Commencement of Part 3I2

2.Part 3 (powers for dealing with domestic abuse), except section 55 (repeal of provisions about domestic violence protection notices and orders), comes into force on 27 November 2024 for the specified period in relation to the areas specified in regulation 3.

Commencement of Part 3 in relation to specified areasI3

3.—(1) Except as provided in paragraph (2), Part 3, including Schedule 1, comes into force only in—

(a)the London boroughs of—

(i)Bromley,

(ii)Croydon, and

(iii)Sutton, and

(b)the Metropolitan District of Greater Manchester.

(2) The following provisions of Part 3 come into force in relation to the whole of England and Wales—

(a)section 26 (breach of notice),

(b)section 30 (remand under section 29(8) of person arrested for breach of notice),

(c)section 39 (breach of order),

(d)section 40 (arrest for breach of order),

(e)section 41 (notification requirements),

(f)section 42 (further provision about notification under section 41),

(g)section 43 (offences relating to notification),

(h)section 46 (appeals) for the purpose of enabling the appeal to be made to a higher court,

(i)section 47 (further provision about appeals) for the purpose of enabling the appeal to be made to a higher court,

(j)section 50 (guidance),

(k)section 53 (proceedings not to be subject to conditional fee agreements),

(l)section 54 (consequential amendments of the Sentencing Code),

(m)section 56 (interpretation of Part 3), and

(n)Schedule 1 (further provision about remand under section 40).

SavingsI4

4.—(1) Where immediately before the end of the specified period

(a)a DAPN has been given to P,

(b)an application for leave to apply for a DAPO has been made,

(c)an application for a DAPO has been made,

(d)proceedings, as specified in section 31, have been issued, or

(e)the court has made a DAPO,

the provisions of Part 3 will continue to have effect in the areas specified in regulation 3 for the purposes set out in the second column of the table in paragraph (2).

(2) The table referred to in paragraph (1) is—

Stage in ProceedingsPurpose
DAPN given to PApplication for DAPO may be made
Application for leave madeCourt may grant leave and application for DAPO may be made
Application for DAPO madeDAPO may be made by the court
Proceedings specified under section 31 issuedDAPO may be made by the court on application or of its own initiative
DAPO made by the courtDAPO may be varied or discharged by the court, enforced on breach or appealed

Heidi Alexander

Minister of State

Ministry of Justice

18th November 2024

Status: There are outstanding changes not yet made by the editorial team to The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024 (2024/1191)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
I1Reg. 1 in force at made date
I2Reg. 2 in force at made date
I3Reg. 3 in force at made date
I4Reg. 4 in force at made date
Defined TermSection/ArticleIDScope of Application
DAPNreg. 1.DAPN_lg2KYCi
DAPOreg. 1.DAPO_lgeXVJc
higher courtreg. 1.higher_cou_lgft8oM
specified periodreg. 1.specified__lgyw7Vu
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This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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