This Act was submitted by the Rt Hon Dafydd Llwyd MP, on behalf of Her Majesty's Government, with amendments by Alan Z. H. Chiang MP. It is adapted from the Domestic Abuse Bill authored by Theresa May's (real life) government.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Definition of “domestic abuse”
(1) Behaviour by a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected, and
(b) the behaviour is abusive.
(2) Behaviour is “abusive” if it consists of any of the following—
(a) physical or sexual abuse; 10
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse.
(3) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
(a) acquire, use or maintain money or other property, or
(b) obtain goods or services.
(4) For the purposes of this Act, A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).
(5) References in this Act to being abusive towards another person are to be read in accordance with this section.
(6) For the meaning of “personally connected”, see section 2.
2 Definition of "personally connected"
(1) Two people are “personally connected” if any of the following applies—
(a) they are, or have been, married to each other;
(b) they are, or have been, civil partners of each other;
(c) they have agreed to marry one another (whether or not the agreement has been terminated);
(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
(e) they are, or have been, in an intimate personal relationship with each other;
(f) there is a child in relation to whom they each have a parental relationship (see subsection (2));
(g) they are relatives.
(2) For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if—
(a) the person is a parent of the child, or
(b) the person has, or has had, parental responsibility for the child.
(3) In this section, “child” means a person under the age of 18 years; “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; “parental responsibility” has the same meaning as in the Children Act 1989; “relative” has the meaning given by section 63(1) of the Family Law Act 1996.
3 Appointment of Commissioner
(1) The Secretary of State must appoint a person as the Domestic Abuse Prevention Commissioner (“the Commissioner”).
(2) The Commissioner is to hold and vacate office in accordance with the terms of the Commissioner’s appointment.
(3) The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
4 Funding
(1) The Secretary of State may make payments to the Commissioner out of money provided by Parliament for the purpose of enabling the Commissioner to meet expenditure incurred in the exercise of the Commissioner’s functions.
(2) Payments are to be made at such times, and subject to any such conditions, as the Secretary of State considers appropriate.
(3) The Secretary of State may pay, or make provision for paying, to or in respect of the Commissioner—
(a) remuneration;
(b) allowances;
(c) sums by way of or in respect of pensions.
5 Staff, etc.
(1) The Secretary of State must provide the Commissioner with—
(a) such staff, and
(b) such accommodation, equipment and other facilities, as the Secretary of State considers necessary for the carrying out of the Commissioner’s functions.
(2) Before providing any staff, the Secretary of State must—
(a) consult the Commissioner, and
(b) obtain the Commissioner’s approval as to the persons to be provided as staff.
(3) The Secretary of State must consult the Commissioner before providing any accommodation, equipment or other facilities.
(4) A person employed in the civil service of the State continues to be employed in the civil service of the State during any period of service as a member of the staff mentioned in subsection (1)(a).
6 General functions of Commissioner
(1) The Commissioner must encourage good practice in—
(a) the prevention of domestic abuse;
(b) the prevention, detection, investigation and prosecution of offences involving domestic abuse;
(c) the identification of—
(i) people who carry out domestic abuse;
(ii) victims of domestic abuse;
(iii) children affected by domestic abuse;
(d) the provision of protection and support to people affected by domestic abuse.
(2) The things that the Commissioner may do in pursuance of the general duty under subsection (1) include—
(a) assessing, monitoring, and publishing information about, the provision of services to people affected by domestic abuse;
(b) making recommendations to any public authority about the exercise of its functions;
(c) undertaking or supporting (financially or otherwise) the carrying out of research;
(d) providing information, education or training;
(e) taking other steps to increase public awareness of domestic abuse;
(f) consulting public authorities, voluntary organisations and other persons;
(g) co-operating with, or working jointly with, public authorities, voluntary organisations and other persons, whether in England and Wales or outside the United Kingdom.
(3) Subject to subsection (4), the Commissioner may not do anything in pursuance of the general duty under subsection (1) that—
(a) relates to a devolved Welsh authority, or
(b) otherwise relates to Welsh devolved matters.
(4) Subsection (3) does not prevent the Commissioner from—
(a) doing anything falling within subsection (2)(c),(d) or (e), to the extent that the thing done does not relate to Welsh devolved matters;
(b) doing anything falling within subsection (2)(f) or (g);
(c) disclosing information to a devolved Welsh authority, or information which relates to Welsh devolved matters, under section 15.
(5) For the purposes of this section something relates to Welsh devolved matters so far as it relates to—
(a) any matter provision about which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly, or
(b) (so far as it is not within paragraph (a)), any matter functions with respect to which are exercisable by the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or the National Assembly for Wales Commission.
(6) In this section, “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006; “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
7 Reports
(1) The Commissioner may report to the Secretary of State on any matter relating to domestic abuse.
(2) The Commissioner must publish every report made under this section.
(3) Before publishing a report under this section, the Commissioner must send a draft of the report to the Secretary of State.
(4) The Secretary of State may direct the Commissioner to omit material from any report before publication if the Secretary of State thinks the publication of that material—
(a) might jeopardise the safety of any person, or
(b) might prejudice the investigation or prosecution of an offence.
(5) The Secretary of State must lay before Parliament a copy of any report published under this section.
8 Advice and assistance
(1) The Commissioner may provide the Secretary of State with any advice or assistance that the Secretary of State may request. 5
(2) The Commissioner may, at the request of any other person, provide the person with advice or assistance relating to the exercise of any of the person’s functions, or the carrying out of any activities by the person, in relation to people affected by domestic abuse.
(3) The Commissioner may charge a person for providing the person with advice 10 or assistance under subsection (2).
(4) The Commissioner must publish any advice given to a person under subsection (2).
(5) Before publishing any advice given under this section, the Commissioner must send a draft of what is proposed to be published to the Secretary of State. 15
(6) The Secretary of State may direct the Commissioner to omit anything contained in the advice before publication if the Secretary of State thinks the publication of that material—
(a) might jeopardise the safety of any person, or
(b) might prejudice the investigation or prosecution of an offence. 20
9 Incidental powers
(1) The Commissioner may do anything which the Commissioner considers will facilitate, or is incidental or conducive to, the carrying out of the Commissioner’s functions.
(2) But the Commissioner may not borrow money. 25
10 Advisory Board
(1) The Commissioner must establish an Advisory Board (“the Board”) for the purposes of providing advice to the Commissioner about the exercise of the Commissioner’s functions. 30
(2) The Board is to consist of not fewer than six and not more than ten members appointed by the Commissioner.
(3) Each member of the Board holds and vacates office in accordance with the member’s terms and conditions of appointment.
(4) The members of the Board must include— 35
(a) persons appearing to the Commissioner to represent the interests of victims of domestic abuse;
(b) persons appearing to the Commissioner to represent the interests of charities and other voluntary organisations that work with victims of domestic abuse in England; 40
(c) persons appearing to the Commissioner to represent the interests of providers of health care services in England;
(d) persons appearing to the Commissioner to represent the interests of providers of social care services in England;
(e) persons appearing to the Commissioner to represent the interests of persons with functions relating to policing or criminal justice;
(f) persons appearing to the Commissioner to have academic expertise in relation to domestic abuse.
(5) The Commissioner may pay such remuneration or allowances to members of the Board as the Commissioner may determine.
(6) In this section, “health care services” means services relating to health care (within the meaning of section 9 of the Health and Social Care Act 2008); “social care services” means services relating to social care (within the meaning of that section).
11 Strategic plans
(1) The Commissioner must, as soon as reasonably practicable after the Commissioner’s appointment, prepare a strategic plan and submit it to the Secretary of State for approval.
(2) A strategic plan is a plan setting out how the Commissioner proposes to exercise the Commissioner’s functions in the period to which the plan relates, which must be not less than one year and not more than three years.
(3) A strategic plan must in particular—
(a) state the Commissioner’s objectives and priorities for the period to which the plan relates;
(b) state any matters on which the Commissioner proposes to report under section 7 during that period;
(c) state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner’s functions.
(4) The Commissioner must, before the end of the period to which a strategic plan relates (“the current period”), prepare a strategic plan for a period immediately following the current period and submit it to the Secretary of State for approval.
(5) The Commissioner may, at any time during the period to which a strategic plan relates, revise that plan and submit the revised plan to the Secretary of State for approval.
(6) The Secretary of State may approve a strategic plan either without modifications or with modifications agreed with the Commissioner.
(7) As soon as reasonably practicable after approving a strategic plan, the Secretary of State must lay a copy of the plan before Parliament.
12 Annual reports
(1) As soon as reasonably practicable after the end of each financial year, the Commissioner must submit to the Secretary of State an annual report on the exercise of the Commissioner’s functions during the year.
(2) The annual report must include—
(a) an assessment of the extent to which the Commissioner’s objectives and priorities have been met in that year;
(b) a statement of the matters on which the Commissioner has reported under section 7 during the year;
(c) a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner’s functions.
(3) As soon as reasonably practicable after receiving a report under this section, the Secretary of State must lay a copy of the report before Parliament.
(4) The Secretary of State may remove material from a report under this section if the Secretary of State thinks the publication of that material—
(a) might jeopardise the safety of any person, or
(b) might prejudice the investigation or prosecution of an offence.
(5) In this section “financial year” means—
(a) the period beginning with the day on which the first Domestic Abuse Prevention Commissioner takes office and ending with the following 31 March, and
(b) each successive period of 12 months.
13 Duty to co-operate with Commissioner
(1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.
(2) A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.
(3) In this section “specified public authority” means any of the following—
(a) a chief officer of police of a police force maintained for a police area in England and Wales;
(b) a local policing body;
(c) the Chief Constable of the British Transport Police Force;
(d) the British Transport Police Authority;
(e) the Ministry of Defence Police;
(f) an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum;
(g) the Crown Prosecution Service;
(h) the Parole Board;
(i) the Criminal Cases Review Commission;
(j) an English local authority;
(k) an NHS body in England;
(l) Her Majesty’s Inspectors of Constabulary;
(m) Her Majesty’s Chief Inspector of the Crown Prosecution Service;
(n) Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
(o) a body approved as an independent inspectorate under section 106 of the Education and Skills Act 2008 (inspection of registered independent educational institutions);
(p) the Care Quality Commission;
(q) Monitor.
(4) The Secretary of State may by regulations amend this section so as to—
(a) add a public authority as a specified public authority for the purposes of this section;
(b) remove a public authority added by virtue of paragraph (a);
(c) vary any description of a public authority.
(5) Before making regulations under subsection (4) the Secretary of State must consult the Commissioner.
(6) Regulations under subsection (4) may not contain provision adding a devolved Welsh authority as a specified public authority for the purposes of this section.
(7) In this section— “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006; “English local authority” means—
(a) a county council or district council in England,
(b) a London borough council,
(c) the Greater London Authority,
(d) the Common Council of the City of London, or
(e) the Council of the Isles of Scilly; “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971; “NHS body in England” means—
(a) a National Health Service trust in England established under section 25 of the National Health Service Act 2006,
(b) an NHS foundation trust within the meaning given by section 30 of that Act,
(c) the National Health Service Commissioning Board,
(d) a clinical commissioning group established under section 14D of that Act, or
(e) the National Health Service Trust Development Authority; “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
14 Duty to respond to Commissioner’s recommendations
(1) This section applies where the Commissioner publishes a report under section 7 containing recommendations in relation to any public authority that is a specified public authority for the purposes of section 13.
(2) The public authority must prepare comments on the report.
(3) The comments must include in respect of each recommendation made in the report an explanation of—
(a) the action which the public authority has taken, or proposes to take, in response to the recommendation, or
(b) why the public authority has not taken, or does not propose to take, any action in response.
(4) The public authority must arrange for its comments to be published in such manner as the authority considers appropriate.
(5) The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.
(6) The public authority must send a copy of anything published under subsection (4) to—
(a) the Commissioner, and
(b) the Secretary of State.
15 Disclosure of information
(1) The Commissioner may disclose to a person any information received by the Commissioner in connection with the Commissioner’s functions if the disclosure is made for a purpose connected with a function of the Commissioner.
(2) A person may disclose any information to the Commissioner if the disclosure is made for the purposes of enabling or assisting the Commissioner to exercise any function.
(3) A disclosure of information authorised by this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure in relation to that information, or
(b) any other restriction on the disclosure of information (however imposed).
(4) But nothing in this Part requires or authorises any of the following—
(a) the disclosure of any patient information (see subsection (5));
(b) the making of a disclosure which contravenes the data protection legislation (see subsection (6));
(c) the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(5) “Patient information” means information (however recorded) which—
(a) relates to—
(i) the physical or mental health or condition of an individual,
(ii) the diagnosis of an individual’s condition, or
(iii) an individual’s care or treatment, or is (to any extent) derived directly or indirectly from information relating to any of those matters, and
(b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information).
(6) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(7) This section does not affect any power to disclose that exists apart from this section.
16 Restriction on exercise of functions in individual cases
(1) The Commissioner may not exercise any function in relation to an individual case.
(2) But subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.
17 Amendments relating to Commissioner
(1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), at the appropriate place insert— “Domestic Abuse Prevention Commissioner.”
(2) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “The Domestic Abuse Prevention Commissioner.”
18 Power to give a domestic abuse protection notice
(1) A senior police officer may give a domestic abuse protection notice to a person (“P”) if conditions A and B are met.
(2) A domestic abuse protection notice is a notice prohibiting P from being abusive towards a person aged 16 or over to whom P is personally connected. (Section 19 contains further provision about the provision that may be made by notices.)
(3) Condition A is that the senior police officer has reasonable grounds for believing that P has been abusive towards a person aged 16 or over to whom P is personally connected.
(4) Condition B is that the senior police officer has reasonable grounds for believing that it is necessary to give the notice to protect that person from domestic abuse, or the risk of domestic abuse, carried out by P.
(5) It does not matter whether the abusive behaviour referred to in subsection (3) took place in England and Wales or elsewhere.
(6) A domestic abuse protection notice may not be given to a person who is under the age of 18.
(7) A domestic abuse protection notice has effect in all parts of the United Kingdom.
(8) In this Part— “senior police officer” means a member of a relevant police force who is a constable of at least the rank of inspector; “relevant police force” means—
(a) a force maintained by a local policing body;
(b) the British Transport Police Force;
(c) the Ministry of Defence Police.
19 Provision that may be made by notices
(1) A domestic abuse protection notice may provide that the person to whom the notice is given (“P”) may not contact the person for whose protection the notice is given.
(2) If P lives in premises in England or Wales in which the person for whose protection the notice is given also lives, the notice may also contain provision—
(a) prohibiting P from evicting or excluding that person from the premises;
(b) prohibiting P from entering the premises;
(c) requiring P to leave the premises;
(d) prohibiting P from coming within a specified distance of the premises. “Specified” means specified in the notice.
20 Matters to be considered before giving a notice
(1) Before giving a domestic abuse protection notice to a person (“P”), a senior police officer must, among other things, consider the following—
(a) the welfare of any person under the age of 18 whose interests the officer considers relevant to the giving of the notice (whether or not that person is a person to whom P is personally connected);
(b) the opinion of the person for whose protection the notice would be given as to the giving of the notice;
(c) any representations made by P about the giving of the notice;
(d) in a case where the notice includes provision relating to premises lived in by P and the person for whose protection the notice would be given, the opinion of any other person—
(i) to whom P is personally connected, and
(ii) who lives in the premises.
(2) The officer must take reasonable steps to discover the opinions mentioned in subsection (1).
(3) The officer may give a domestic abuse protection notice in circumstances where the person for whose protection it is given does not consent to the giving of the notice.
21 Further requirements in relation to notices
(1) A domestic abuse protection notice must be in writing.
(2) A domestic abuse protection notice given to a person (“P”) must state—
(a) the grounds on which it has been given,
(b) that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the notice,
(c) that an application for a domestic abuse protection order under section 25 will be heard by a magistrates’ court within 48 hours of the time of giving the notice and a notice of the hearing will be given to P,
(d) that the notice continues in effect until that application has been determined or withdrawn, and (e) the provision that a magistrates’ court may include in a domestic abuse protection order.
(3) The notice must be served on P personally by a constable.
(4) On serving the notice on P, the constable must ask P for an address at which P may be given the notice of the hearing of the application for the domestic abuse protection order.
(5) Subsection (6) applies where—
(a) a senior police officer gives a domestic abuse protection notice to a person (“P”) who the officer believes is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006,
(b) the notice includes provision by virtue of section 19(2) prohibiting P from entering premises, or requiring P to leave premises, and
(c) the officer believes that the premises are relevant service accommodation.
(6) The officer must make reasonable efforts to inform P’s commanding officer of the giving of the notice.
(7) In this section— “commanding officer” has the meaning given by section 360 of the Armed Forces Act 2006; “relevant service accommodation” means premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.
22 Breach of notice
(1) If a constable has reasonable grounds for believing that a person is in breach of a domestic abuse protection notice, the constable may arrest the person without warrant.
(2) A person arrested by virtue of subsection (1) must be held in custody and brought before the appropriate magistrates’ court—
(a) before the end of the period of 24 hours beginning with the time of the arrest, or
(b) if earlier, at the hearing of the application for a domestic abuse protection order against the person (see section 25(3)).
(3) In subsection (2) “the appropriate magistrates’ court” means the magistrates’ court which is to hear the application mentioned in subsection (2)(b).
(4) If the person is brought before the court as mentioned in subsection (2)(a), the court may remand the person. (For power to remand a person brought before the court as mentioned in subsection (2)(b), see section 26(8).)
(5) In calculating when the period of 24 hours mentioned in subsection (2)(a) ends, the following days are to be disregarded—
(a) any Saturday or Sunday,
(b) Christmas Day,
(c) Good Friday, and
(d) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
(6) In section 17(1) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), after paragraph (c) insert— “(cza) of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 18 of the Domestic Abuse Act 2019;”.
23 Remand of person arrested for breach of notice
(1) This section applies where under section 22(4) a magistrates’ court remands a person who has been given a domestic abuse protection notice.
(2) In the application of section 128(6) of the Magistrates’ Courts Act 1980 to such remand, the reference to the “other party” is to be read as a reference to the senior police officer who gave the notice.
(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.
(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.
(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.
(6) If the court has reason to suspect that the person is suffering from mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for report on accused’s mental condition) as it has under that section in the case of an accused person (within the meaning of that section).
(7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
24 Meaning of “domestic abuse protection order”
(1) In this Part a “domestic abuse protection order” means an order which, for the purpose of preventing a person (“P”) from being abusive towards a person aged 16 or over to whom P is personally connected—
(a) prohibits P from doing things described in the order, or
(b) requires P to do things described in the order.
(2) A domestic abuse protection order may be made—
(a) on application (see section 25), or
(b) in the course of certain proceedings (see section 27).
(3) Section 28 sets out the conditions for making a domestic abuse protection order.
25 Domestic abuse protection orders on application
(1) A court may make a domestic abuse protection order under this section against 5 a person (“P”) on an application made to it in accordance with this section.
(2) An application for an order under this section may be made by—
(a) the person for whose protection the order is sought;
(b) the appropriate chief officer of police (see subsection (4));
(c) a person specified in regulations made by the Secretary of State;
(d) any other person with the leave of the court to which the application is to be made.
(3) Where P is given a domestic abuse protection notice by a member of a relevant police force under section 18, the chief officer of police in relation to that force must apply for a domestic abuse protection order against P. 15 (For further provision about such applications, see section 26.)
(4) The appropriate chief officer of police is—
(a) in a case where subsection (3) applies, the chief officer of police referred to in that subsection;
(b) in any other case, any of the following—
(i) the chief officer of police of the force maintained for the police area in which P resides;
(ii) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it;
(iii) the Chief Constable of the British Transport Police Force;
(iv) the Chief Constable of the Ministry of Defence Police.
(5) An application for an order under this section must be made to the family court, except where subsection (6) or (7) applies.
(6) An application made by a chief officer of police for an order under this section must be made by complaint to a magistrates’ court.
(7) In a case where—
(a) P, and the person for whose protection the order is sought, are parties to any family or civil proceedings, and
(b) the court would have power to make a domestic abuse protection order under section 27 in those proceedings without an application being made, an application for an order under this section may be made in those proceedings by the person for whose protection the order is sought.
(8) Where an application is made to a magistrates’ court in accordance with this section—
(a) the magistrates’ court may adjourn the hearing of the application;
(b) on the hearing of the application, section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to the person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.
26 Applications where domestic abuse protection notice has been given
(1) This section applies where, as a result of a person (“P”) being given a domestic abuse protection notice under section 18, a chief officer of police is required by section 25(3) to apply for a domestic abuse protection order against P.
(2) The application must be heard by the magistrates’ court not later than 48 hours after the notice was given to P.
(3) In calculating when the period of 48 hours mentioned in subsection (2) ends, the following days are to be disregarded—
(a) any Saturday or Sunday,
(b) Christmas Day,
(c) Good Friday, and
(d) any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
(4) P must be given a notice of the hearing of the application.
(5) The notice under subsection (4) is to be treated as having been given if it has been left at the address given by P under section 21(4).
(6) But if the notice has not been given because P did not give an address under section 21(4), the court may hear the application if satisfied that the chief officer of police has made reasonable efforts to give P the notice.
(7) If the court adjourns the hearing of the application, the notice continues in effect until the application has been determined or withdrawn.
(8) If—
(a) P is brought before the court at the hearing of the application as a result of P’s arrest by virtue of section 22(1) (arrest for breach of domestic abuse protection notice), and
(b) the court adjourns the hearing, the court may remand P.
(9) Section 23 applies in relation to a remand under subsection (8) as it applies in relation to a remand under section 22(4), but as if the reference in section 23(2) to the senior police officer who gave the notice were a reference to the chief officer of police who applied for the order.
27 Domestic abuse protection orders otherwise than on application
(1) A court may make a domestic abuse protection order under this section in any of the cases set out below.
(2) The High Court or the family court may make a domestic abuse protection order against a person (“P”) in any family proceedings to which both P and the person for whose protection the order would be made are parties.
(3) Where a person (“P”) has been convicted of an offence, the court dealing with P for that offence may (as well as sentencing P or dealing with P in any other way) make a domestic abuse protection order against P.
(4) But subsection (3) does not apply where the Court of Appeal is dealing with a person for an offence.
(5) A court by or before which a person is acquitted of an offence may make a domestic abuse protection order against the person.
(6) Where the Crown Court allows a person’s appeal against conviction, the Crown Court may make a domestic abuse protection order against the person.
(7) The county court may make a domestic abuse protection order against a person (“P”) in any relevant proceedings to which both P and the person for whose protection the order would be made are parties.
(8) In subsection (7) “relevant proceedings” means proceedings of a description specified in regulations made by the Secretary of State.
28 Conditions for making an order
(1) The court may make a domestic abuse protection order under section 25 or 27 against a person (“P”) if conditions A and B are met.
(2) Condition A is that the court is satisfied that P has been abusive towards a person aged 16 or over to whom P is personally connected.
(3) Condition B is that the order is necessary and proportionate to protect that person from domestic abuse, or the risk of domestic abuse, carried out by P.
(4) It does not matter—
(a) whether the abusive behaviour referred to in subsection (2) took place in England and Wales or elsewhere, or
(b) whether it took place before or after the coming into force of this section.
(5) A domestic abuse protection order may not be made against a person who is under the age of 18.
29 Matters to be considered before making an order
(1) Before making a domestic abuse protection order against a person (“P”), the court must, among other things, consider the following—
(a) the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the order (whether or not that person is a person to whom P is personally connected);
(b) any opinion of the person for whose protection the order would be made—
(i) which relates to the making of the order, and
(ii) of which the court is made aware;
(c) in a case where the order includes provision relating to premises lived in by P and the person for whose protection the order would be made, any opinion of which the court is made aware of any other person—
(i) to whom P is personally connected, and
(ii) who lives in the premises.
(2) The court may make a domestic abuse protection order in circumstances where the person for whose protection it is made does not consent to the making of the order.
30 Making of orders without notice
(1) A court may, in any case where it is just and convenient to do so, make a domestic abuse protection order against a person (“P”) even though P has not been given such notice of the proceedings as would otherwise be required by rules of court.
(2) Subsection (1) does not apply in relation to the making of an order under section 25 on an application made in accordance with subsection (3) of that section (see instead section 26(4) to (6)).
(3) In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances, including—
(a) any risk that, if the order is not made immediately, P will cause significant harm to the person for whose protection the order would be made,
(b) in a case where an application for the order has been made, whether it is likely that the person making the application will be deterred or prevented from pursuing the application if an order is not made immediately, and
(c) whether there is reason to believe that—
(i) P is aware of the proceedings but is deliberately evading service, and
(ii) the delay involved in effecting substituted service will cause serious prejudice to the person for whose protection the order would be made.
(4) If a court makes an order against a person by virtue of subsection (1), it must give the person an opportunity to make representations about the order—
(a) as soon as just and convenient, and
(b) at a hearing of which notice has been given to all the parties in accordance with rules of court.
31 Provision that may be made by orders
(1) A court may by a domestic abuse protection order impose any requirements that the court considers necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse. “Requirement” includes any prohibition or restriction.
(2) The court must, in particular, consider what requirements (if any) may be necessary to protect the person for whose protection the order is made from different kinds of abusive behaviour.
(3) Subsections (4) to (6) contain examples of the type of provision that may be made under subsection (1), but they do not limit the type of provision that may be so made.
(4) A domestic abuse protection order may provide that the person against whom a domestic abuse protection order is made (“P”) may not contact the person for whose protection it is made.
(5) If P lives in premises in England or Wales in which the person for whose protection the order is made also lives, the order may contain provision—
(a) prohibiting P from evicting or excluding that person from the premises;
(b) prohibiting P from entering the premises;
(c) requiring P to leave the premises;
(d) prohibiting P from coming within a specified distance of the premises. “Specified” means specified in the order.
(6) A domestic abuse protection order may require P to submit to electronic monitoring of P’s compliance with other requirements imposed by the order. In this Part a requirement imposed by virtue of this subsection is referred to as an “electronic monitoring requirement”.
(7) Sections 32 and 33 contain further provision about the requirements that may be imposed by a domestic abuse protection order.
32 Further provision about requirements that may be imposed by orders
(1) Requirements imposed on a person by a domestic abuse protection order must, so far as practicable, be such as to avoid—
(a) conflict with the person’s religious beliefs;
(b) interference with any times at which the person normally works or attends an educational establishment;
(c) conflict with the requirements of any other court order or injunction to which the person may be subject.
(2) A domestic abuse protection order that imposes a requirement to do something on a person (“P”) must specify the person who is to be responsible for supervising compliance with that requirement.
(3) Before including such a requirement in a domestic abuse protection order, the court must receive evidence about its suitability and enforceability from the person to be specified under subsection (2).
(4) Subsections (2) and (3) do not apply in relation to electronic monitoring requirements (see instead section 33(3) to (6)).
(5) It is the duty of a person specified under subsection (2)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);
(b) to promote P’s compliance with the relevant requirements;
(c) if the person considers that—
(i) P has complied with all the relevant requirements, or
(ii) P has failed to comply with a relevant requirement, to inform the appropriate chief officer of police.
(6) In subsection (5)(c) the “appropriate chief officer of police” means—
(a) the chief officer of police of the force maintained for the police area in which it appears to the person specified under subsection (2) that P resides, or
(b) if it appears to that person that P resides in more than one police area, whichever of the relevant chief officers of police the person thinks it most appropriate to inform.
(7) A person (“P”) who is subject to a requirement imposed by a domestic abuse protection order—
(a) must keep in touch with the person specified under subsection (2) in relation to that requirement, in accordance with any instructions given by that person from time to time, and
(b) if P changes home address, must notify the person specified under subsection (2) of the new home address. These obligations have effect as requirements of the order.
33 Further provision about electronic monitoring requirements
(1) Subsections (2) to (4) apply for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) in a domestic abuse protection order.
(2) The requirement may not be imposed in P’s absence.
(3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.
(4) The court may impose the requirement only if—
(a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area, and
(b) it is satisfied that the necessary provision can be made under the arrangements currently available.
(5) In subsection (4)(a) “the relevant area” means—
(a) the local justice area in which it appears to the court that P resides or will reside, and
(b) in a case where it is proposed to include in the order—
(i) a requirement that P must remain, for specified periods, at a specified place, or
(ii) a provision prohibiting P from entering a specified place or area, the local justice area in which the place or area proposed to be specified is situated. “Specified” means specified in the order.
(6) A domestic abuse protection order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.
(7) The person specified under subsection (6) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.
(8) Where a domestic abuse protection order imposes an electronic monitoring requirement on a person, the person must (among other things)—
(a) submit, as required from time to time by the responsible person, to—
(i) being fitted with, or the installation of, any necessary apparatus, and
(ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,
(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and
(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring. These obligations have effect as requirements of the order.
34 Duration and geographical application of orders
(1) A domestic abuse protection order takes effect on the day on which it is made. This is subject to subsection (2).
(2) If, on the day on which a domestic abuse protection order (“the new order”) is made against a person, the person is subject to another domestic abuse protection order (“the previous order”), the new order may be made so as to take effect on the day on which the previous order ceases to have effect.
(3) A domestic abuse protection order has effect—
(a) for a specified period,
(b) until the occurrence of a specified event, or
(c) until further order. “Specified” means specified in the order.
(4) A domestic abuse protection order may also specify periods for which particular requirements imposed by the order have effect.
(5) But a domestic abuse protection order may not provide for an electronic monitoring requirement to have effect for more than 12 months.
(6) Subsection (5) is subject to any variation of the order under section 40.
(7) A requirement imposed by a domestic abuse protection order has effect in all parts of the United Kingdom unless expressly limited to a particular locality.
35 Breach of order
(1) A person who is subject to a domestic abuse protection order commits an offence if without reasonable excuse the person fails to comply with any requirement imposed by the order.
(2) In a case where the order was made against the person without that person being given notice of the proceedings, the person commits an offence under this section only in respect of conduct engaged in at a time when the person was aware of the existence of the order. (See also section 41(8), which makes similar provision where an order has been varied.)
(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.
(4) A person may not be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction—
(i) to imprisonment for a period not exceeding 12 months (or 6 months, if the offence was committed before the coming into force of section 154(1) of the Criminal Justice Act 2003), or
(ii) to a fine, or both;
(b) on conviction on indictment, to imprisonment for a period not exceeding 5 years or to a fine, or both.
(6) If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
(7) In subsection (6) “order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—
(a) section 12 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) section 185 of the Armed Forces Act 2006.
(8) In proceedings for an offence underthis section, a copy of the original domestic abuse protection order, certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
36 Arrest for breach of order
(1) This section applies where a relevant court has made protection order against a person (“P”).
(2) In this section “relevant court” means—
(a) the High Court,
(b) the family court, or
(c) the county court.
(3) A person mentioned in subsection (4) may apply to the relevant judge for the issue of a warrant for P’s arrest if the person considers that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.
(4) The persons referred to in subsection (3) are—
(a) the person for whose protection the order was made;
(b) where the order was made under section 25, the person who applied for the order (if different);
(c) any other person with the leave of the relevant judge.
(5) The relevant judge may issue a warrant on an application under subsection (3) only if—
(a) the application is substantiated on oath, and
(b) the relevant judge has reasonable grounds for believing that P has failed to comply with the order or is otherwise in contempt of court in relation to the order.
(6) If—
(a) P is brought before a relevant court as a result of a warrant issued under this section, and
(b) the court does not immediately dispose of the matter, the court may remand P.
(8) In this section “the relevant judge” means—
(a) where the order was made by the High Court, a judge of that court;
(b) where the order was made by the family court, a judge of that court;
(c) where the order was made by the county court, a judge of that court.
(9) For the power of a constable to arrest P without warrant for breach of a domestic abuse protection order, see section 24 of the Police and Criminal Evidence Act 1984.
37 Notification requirements
(1) Subsections (2) to (5) apply where a person is subject to a domestic abuse protection order.
(2) The person must, within the period of 3 days beginning with the day on which the order is made, notify the police of the information in subsection (3).
(3) The information referred to in subsection (2) is—
(a) the person’s name and, if the person uses one or more other names, each of those names;
(b) the person’s home address.
(4) If the person uses a name which has not been notified under this section, the person must, within the period of 3 days beginning with the day on which the person first uses that name, notify the police of that name.
(5) If the person changes home address, the person must, before the end of the period of 3 days beginning with the day on which that happens, notify the police of the new home address.
(6) The Secretary of State may by regulations specify further notification requirements which a court may impose when making or varying a domestic abuse protection order. In this subsection a “notification requirement” is a requirement for the person against whom the order is made to provide specified information to the police.
(7) The requirements imposed by subsections (2), (4) and (5) do not apply where the person is subject to notification requirements under—
(a) Part 2 of the Sexual Offences Act 2003, or
(b) section 9 of the Stalking Protection Act 2019.
(8) If on any day the person ceases to be subject to any notification requirements mentioned in subsection (7), the requirements imposed by subsections (2), (4) and (5) apply to the person on and after that day, but as if the reference in subsection (2) to the day on which the order was made were a reference to that day.
(9) For provision about how to give a notification under subsection (2), (4) or (5), see section 38.
38 Further provision about notification under section 37
(1) A person gives a notification under section 37(2), (4) or (5) by—
(a) attending at a police station in the appropriate police area, and
(b) giving an oral notification to—
(i) a police officer, or
(ii) any person authorised for the purpose by the officer in charge of the station.
(2) In subsection (1) “the appropriate police area”, in relation to a person, means—
(a) if the person’s home address is in England and Wales, the police area in which that home address is situated;
(b) if the person does not have a home address in England and Wales, the police area in which the court that last made a domestic abuse protection order against the person is situated.
(3) In a case of a person giving a notification under section 37(5), any reference in subsection (2) to the person’s home address is a reference to the person’s home address at the time of giving the notification.
(4) A notification given in accordance with this section must be acknowledged—
(a) in writing, and
(b) in such form as the Secretary of State may direct.
(5) When a person (“P”) gives a notification under section 37, P must, if requested to do so by the person to whom notification is given, allow that person to do any of the following things—
(a) take P’s fingerprints;
(b) photograph, or otherwise produce an image of, P or any part of P.
(6) The power in subsection (5) is exercisable for the purpose of verifying P’s identity.
39 Offences relating to notification
(1) A person (“P”) commits an offence if P—
(a) fails, without reasonable excuse, to comply with a requirement imposed by or under section 37, or
(b) notifies the police, in purported compliance with such a requirement, of any information which P knows to be false.
(2) A person who fails, without reasonable excuse, to comply with section 38(5) commits an offence.
(3) A person guilty of an offence under subsection (1) or (2) is liable—
(a) on summary conviction—
(i) to imprisonment for a period not exceeding 12 months (or 6 months, if the offence was committed before the coming into force of section 154(1) of the Criminal Justice Act 2003), or
(ii) to a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.
(4) A person commits an offence under subsection (1)(a) on the day on which the person first fails, without reasonable excuse, to comply with a requirement imposed by or under section 37.
(5) The person continues to commit the offence throughout any period during which the failure continues.
(6) But the person may not be prosecuted more than once in respect of the same failure.
40 Variation and discharge of orders
(1) A court may vary or discharge a domestic abuse protection order made by that or any other court. This is subject to section 41.
(2) A court may vary or discharge an order under this section—
(a) on the application of a person mentioned in subsection (3), or
(b) in any case in which it could make a domestic abuse protection order under section 27.
(3) The persons referred to in subsection (2)(a) are—
(a) the person for whose protection the order was made;
(b) the person against whom the order was made (“P”);
(c) where the order was made under section 25, the person who applied for the order;
(d) the chief officer of police of the force maintained for the police area in which P resides;
(e) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.
(4) Before deciding whether to vary or discharge an order under this section, the court must hear from—
(a) any relevant chief officer of police who wishes to be heard, and
(b) in a case where the person for whose protection the order was made is seeking to discharge the order, or to remove or make less onerous any requirement imposed by the order, the person for whose protection it was made.
(5) For the purposes of subsection (4)(a) each of the following is a “relevant chief officer of police”—
(a) where the order was made on an application by a chief officer of police, that chief officer;
(b) the chief officer of police of the force maintained for the police area in which P resides;
(c) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.
(6) Section 29 (matters to be considered before making an order) applies in relation to the variation or discharge of a domestic abuse protection order as it applies in relation to the making of such an order, but as if references to the person for whose protection the order would be made were references to the person for whose protection the order was made.
(7) Section 30 (making of orders without notice) applies in relation to the variation of a domestic abuse protection order as it applies in relation to the making of such an order, but as if—
(a) references to the person for whose protection the order would be made were references to the person for whose protection the order was made,
(b) subsection (2) were omitted, and
(c) the reference in subsection (4) to making representations about the order were a reference to making representations about the variation.
(8) The court may make any order varying or discharging a domestic abuse protection order that it considers appropriate. This is subject to subsections (9) to (13).
(9) The court may include an additional requirement in the order, or extend the period for which the order, or a requirement imposed by the order, has effect, only if it is satisfied that it is necessary to do so in order to protect the person for whose protection the order was made from domestic abuse, or the risk of domestic abuse, carried out by P.
(10) The court may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.
(11) The court may remove any requirement imposed by the order, or make such a requirement less onerous, only if satisfied that the requirement as imposed is no longer necessary to protect the person for whose protection the order was made from domestic abuse, or the risk of domestic abuse, carried out by P.
(12) If it appears to the court that any conditions necessary for a requirement to be imposed are no longer met, the court—
(a) may not extend the requirement, and
(b) must remove the requirement.
(13) The court may discharge the order only if satisfied that the order is no longer necessary to protect the person for whose protection the order was made from domestic abuse, or the risk of domestic abuse, carried out by P.
41 Variation and discharge: supplementary
(1) Any application to vary or discharge a domestic abuse protection order under section 40 must be made to the court that made the order. This is subject to subsections (2) and (3).
(2) Where the order was made by a magistrates’ court, an application to vary or discharge the order may be made to any other magistrates’ court acting in the local justice area in which that court acts.
(3) Where—
(a) the order was made under section 27 on an appeal in relation to a person’s conviction or sentence for an offence, or
(b) the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence, any application to vary or discharge the order must be made to the court by or before which the person was convicted (but see subsection (4)).
(4) Where the person mentioned in subsection (3)(b)—
(a) was convicted by a youth court, but
(b) is aged 18 or over at the time of the application, the reference in subsection (3) to the court by or before which the person was convicted is to be read as a reference to a magistrates’ court.
(5) Except as provided for by subsection (3), a domestic abuse protection order made by the Crown Court may only be varied or discharged by the Crown Court.
(6) A domestic abuse protection order made by the High Court may only be varied or discharged by the High Court.
(7) An order that has been varied under section 40 remains an order of the court that first made it for the purposes of any further application under that section.
(8) In a case where—
(a) an order made against a person is varied under section 40 so as to include an additional requirement, or to extend the period for which the order, or a requirement imposed by the order, has effect, and
(b) the person was not given notice of the proceedings, the person commits an offence under section 35 only in respect of conduct engaged in at a time when the person was aware of the making of the variation.
42 Appeals
(1) A person against whom a domestic abuse protection order is made may appeal against the making of the order.
(2) An appeal may be made against the decision of a court not to make a domestic abuse protection order under section 25—
(a) by the person who applied for the order, or
(b) if different, by the person for whose protection the order was sought.
(3) An appeal may be made against any decision of a court under section 40 in relation to a domestic abuse protection order.
(4) An appeal under subsection (3) may be made by any of the following—
(a) the person for whose protection the order was made;
(b) the person against whom the order was made (“P”);
(c) where the order was made under section 25, the person who applied for the order;
(d) the chief officer of police of the force maintained for the police area in which P resides;
(e) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.
(5) An appeal under any of subsections (1) to (3) is to be made to the relevant court.
(6) The relevant court is—
(a) in the case of a decision made by a youth court or a magistrates’ court, the Crown Court;
(b) in the case of a decision made by the family court or the county court, the High Court;
(c) in the case of a decision made by the High Court or the Crown Court, the Court of Appeal.
(7) Before determining an appeal made in accordance with this section, the relevant court must hear from any relevant chief officer of police who wishes to be heard.
(8) For the purposes of subsection (7) each of the following is a “relevant chief officer of police”—
(a) where the order was made on an application by a chief officer of police, that chief officer;
(b) the chief officer of police of the force maintained for the police area in which the person (“P”) against whom the order was made, or (in the case of an appeal under subsection (2)) was sought, resides;
(c) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it.
(9) In determining an appeal made in accordance with this section, the relevant court must apply the same principles as would be applied by a court on an application for judicial review.
(10) The relevant court must either—
(a) dismiss the appeal, or
(b) quash the whole or part of the decision to which the appeal relates.
(11) If the relevant court quashes the whole or part of a decision made by a court, it may refer the matter back to that court with a direction to reconsider and make a new decision in accordance with its ruling.
(12) A person may not exercise any other right of appeal which would, apart from this section, be exercisable in relation to a decision referred to in subsection (1), (2) or (3).
43 Nature of certain proceedings under this Part
(1) Proceedings before a court arising by virtue of section 27(3), (5) or (6), and proceedings before a court arising by virtue of section 40(2)(b) in any case within section 27(3), (5) or (6), are civil proceedings (like court proceedings before a magistrates’ court under section 25 or 40(2)(a)).
(2) The court is not restricted in the proceedings to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted or (as the case may be) acquitted.
(3) The court may adjourn any proceedings arising by virtue of section 27(3), (5) or (6), or any proceedings arising by virtue of section 40(2)(b) in any case within section 27(3), (5) or (6), even after sentencing or acquitting the person concerned or allowing the person’s appeal.
(4) A domestic abuse protection order may be made or varied in addition to an order discharging the person conditionally in spite of anything in sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person conditionally or absolutely and their effect).
44 Special measures for witnesses
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to relevant proceedings under this Part as it applies to criminal proceedings, but with—
(a) the omission of the provisions of that Act mentioned in subsection (2) (which make provision only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) The provisions are—
(a) section 17(4) to (7);
(b) section 21(4C)(e);
(c) section 22A;
(d) section 32.
(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to relevant proceedings under this Part—
(a) to the extent provided by rules of court, and
(b) subject to any modifications provided by rules of court.
(4) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—
(a) to a direction under section 19 of that Act as applied by this section;
(b) to a direction discharging or varying such a direction. Sections 49 and 51 of that Act (offences) apply accordingly.
(5) In this section “relevant proceedings under this Part” means—
(a) proceedings under section 25, 27(2) or (7), 40(2)(a) or 42;
(b) proceedings arising by virtue of section 27(3), (5) or (6);
(c) proceedings arising by virtue of section 40(2)(b) in any case within section 27(3), (5) or (6).
45 Data from electronic monitoring: code of practice
(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by domestic abuse protection orders.
(2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
46 Guidance
(1) The Secretary of State may from time to time issue guidance relating to the exercise by a relevant person of functions under or by virtue of this Part.
(2) In this section “relevant person” means—
(a) a constable;
(b) a person specified in regulations under subsection (2)(c) of section 25 for the purpose of making applications for orders under that section.
(3) A relevant person must have regard to any guidance issued under this section when exercising a function to which the guidance relates.
(4) Before issuing guidance under this section, the Secretary of State must consult—
(a) the Domestic Abuse Prevention Commissioner, and
(b) such other persons as the Secretary of State considers appropriate.
(5) The Secretary of State must arrange for any guidance issued under this section to be published in such manner as the Secretary of State considers appropriate.
47 Amendment of the Children Act 1989
In section 8 of the Children Act 1989 (child arrangements orders and other orders with respect to children), in subsection (4), at the end insert—
“(k) Part 3 of the Domestic Abuse Act 2019, where the proceedings are in the family court or the Family Division of the High Court.”
48 Repeal of provisions about domestic violence protection notices and orders
(1) Sections 24 to 33 of the Crime and Security Act 2010 (which make provision for domestic violence protection notices and domestic violence protection orders) are repealed.
(2) In consequence of the repeal made by subsection (1), the following provisions are repealed—
(a) in Schedule 8 to the Crime and Courts Act 2013, paragraph 179;
(b) in Schedule 14 to the Policing and Crime Act 2017, paragraph 7(g).
49 Interpretation of Part 3
(1) In this Part—
“chief officer of police” means—
(a) in relation to a police force maintained by a local policing body, the chief officer of police of that force;
(b) in relation to the British Transport Police Force, the Chief Constable of the Force;
(c) in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police; “domestic abuse protection notice” has the meaning given by section 18(2); “domestic abuse protection order” has the meaning given by section 24(1); “electronic monitoring requirement” has the meaning given by section 31(6); “family proceedings” means—
(a) proceedings in the family court (other than proceedings under this Part), and
(b) family proceedings within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984; “home address”, in relation to a person, means—
(a) the address of the person’s sole or main residence in the United Kingdom, or
(b) if the person has no such residence, the address or location of a place in the United Kingdom where the person can regularly be found;
“relevant police force” has the meaning given by section 18(8);
“requirement”, in relation to a domestic abuse protection order, is to be read in accordance with section 31(1);
“senior police officer” has the meaning given by section 18(8).
(2) Any reference to a member of a police force includes, in the case of a police force maintained by a local policing body, a reference to a special constable appointed by the chief officer of police of that force.
(3) See also—
(a) section 1 (meaning of “domestic abuse”);
(b) section 2 (meaning of “personally connected”)
50 Prohibition of cross-examination in person in family proceedings
In the Matrimonial and Family Proceedings Act 1984, after Part 4A insert—
“PART 4B
FAMILY PROCEEDINGS: PROHIBITION OF CROSS-EXAMINATION IN PERSON
31Q Prohibition of cross-examination in person: introductory
In this Part—
“the court” means the family court or the High Court;
“family proceedings” means—
(a) proceedings in the family court, and
(b) proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other;
“witness”, in relation to any proceedings, includes a party to the proceedings.
31R Prohibition of cross-examination in person: victims of offences
(1) In family proceedings, no party to the proceedings who has been convicted of or given a caution for, or is charged with, a specified offence may cross-examine in person a witness who is the victim, or 35 alleged victim, of that offence.
(2) In family proceedings, no party to the proceedings who is the victim, or alleged victim, of a specified offence may cross-examine in person a witness who has been convicted of or given a caution for, or is charged with, that offence.
(3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.
(4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction, caution or charge when the cross-examination took place.
(5) In this section—
“caution” means—
(a) a conditional caution given under section 22 of the Criminal Justice Act 2003;
(b) a youth conditional caution given under section 66A of the Crime and Disorder Act 1998;
(c) any other caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time the caution is given, that person has admitted;
(d) anything corresponding to a caution falling within paragraph (a), (b) or (c) (however described) which is given to a person in respect of an offence under the law of Scotland;
“conviction” means—
(a) a conviction before a court in England and Wales, Scotland or Northern Ireland;
(b) a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere);
(c) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged; and “convicted” is to be read accordingly;
“service disciplinary proceedings” means—
(a) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);
(b) any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);
(c) any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;
“specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.
(6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—
(a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.
(7) For the purposes of this section “offence” includes an offence under a law that is no longer in force.
31S Prohibition of cross-examination in person: persons protected by injunctions etc
(1) In family proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.
(2) In family proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.
(3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.
(4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.
(5) Forthe purposes of this section, a protective injunction is an “on-notice” protective injunction if—
(a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked (or could have asked) for the injunction to be set aside or varied, or
(b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.
31T Direction for prohibition of cross-examination in person: other cases
(1) In family proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to crossexamine) a witness in person if—
(a) neither section 31R nor section 31S operates to prevent the party from cross-examining the witness, and
(b) it appears to the court that—
(i) the quality condition or the significant distress condition is met, and
(ii) it would not be contrary to the interests of justice to give the direction.
(2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination—
(a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and
(b) would be likely to be improved if a direction were given under this section.
(3) The “significant distress condition” is met if—
(a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and
(b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.
(4) A direction under this section may be made by the court—
(a) on an application made by a party to the proceedings, or
(b) of its own motion.
(5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard, among other things, to—
(a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person;
(b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person;
(c) the nature of the questions likely to be asked, having regard to the issues in the proceedings;
(d) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or any other family proceedings;
(e) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or any other family proceedings;
(f) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness;
(g) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party;
(h) any relationship (of whatever nature) between the witness and the party.
(6) References in this section to the quality of a witness’s evidence are to its quality in terms of completeness, coherence and accuracy.
(7) For this purpose “coherence” refers to a witness’s ability in giving evidence to give answers which—
(a) address the questions put to the witness, and
(b) can be understood, both individually and collectively.
31U Directions under section 31T: supplementary
(1) A direction under section 31T has binding effect from the time it is made until the witness in relation to whom it applies is discharged.
(2) But the court may revoke a direction under section 31T before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either—
(a) on an application made by a party to the proceedings, or
(b) of its own motion.
(3) The court may revoke a direction under section 31T on an application made by a party to the proceedings only if there has been a material change of circumstances since—
(a) the direction was given, or
(b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined.
(4) The court must state its reasons for—
(a) giving a direction under section 31T;
(b) refusing an application for a direction under section 31T;
(c) revoking a direction under section 31T;
(d) refusing an application for the revocation of a direction under section 31T.
31V Alternatives to cross-examination in person
(1) This section applies where a party to family proceedings is prevented from cross-examining a witness in person by virtue of section 31R, 31S or 31T.
(2) The court must consider whether (ignoring this section) there is a satisfactory alternative means—
(a) for the witness to be cross-examined in the proceedings, or
(b) of obtaining evidence that the witness might have given under cross-examination in the proceedings.
(3) If the court decides that there is not, the court must—
(a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of crossexamining the witness, and
(b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.
(4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—
(a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of crossexamining the witness, or
(b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.
(5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.
(6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.
(7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.
(8) For the purposes of this section—
(a) a reference to cross-examination includes (in a case where a direction is given under section 31T after the party has begun cross-examining the witness) a reference to continuing to conduct cross-examination;
(b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in family proceedings.
31W Costs of legal representatives appointed under section 31V
(1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of—
(a) fees or costs properly incurred by a qualified legal representative appointed under section 31V, and
(b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment.
(2) The regulations may provide for the amounts to be determined by the Lord Chancellor or such other person as the regulations may specify.
(3) The regulations may provide for the amounts paid to be calculated in accordance with—
(a) a rate or scale specified in the regulations, or
(b) other provision made by or under the regulations.
31X Regulations under Part 4B
(1) Any power of the Lord Chancellor to make regulations under this Part—
(a) is exercisable by statutory instrument,
(b) includes power to make different provision for different purposes, and
(c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
(2) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.”
51 Special measures directions in cases involving domestic abuse
(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.
(2) In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying)—
(a) in subsection (4), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in subsection (4A)”;
(b) after subsection (4) insert— “(4A) The offences are—
(a) a sexual offence;
(b) an offence under section 1 or 2 of the Modern Slavery Act 2015;
(c) any other offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2019 (see section 1 of that Act).”
(3) In section 25(4)(a) (evidence given in private), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in section 17(4A)”.
52 Guidance about the disclosure of information by police forces
(1) The Secretary of State may issue guidance to chief officers of police about the disclosure of police information by police forces for the purposes of preventing domestic abuse. “Police information” means information held by a police force.
(2) Each chief officer of police of a police force must have regard to any guidance issued under this section.
(3) The Secretary of State may from time to time revise any guidance issued under this section.
(4) Before issuing or revising guidance under this section the Secretary of State must consult—
(a) the Domestic Abuse Prevention Commissioner,
(b) the National Police Chiefs’ Council, and
(c) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(6) The Secretary of State must publish—
(a) any guidance issued under this section, and
(b) any revisions of that guidance.
(7) In this section— “chief officer of police” means—
(a) in relation to the British Transport Police Force, the Chief Constable of that Force;
(b) in relation to any other police force, the chief officer of police of that force; “police force” means—
(a) a police force maintained by a local policing body, or
(b) the British Transport Police Force.
53 Grant of secure tenancies in cases of domestic abuse
(1) Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.
(2) After section 81 insert—
“81ZA Grant of secure tenancies in cases of domestic abuse
(1) This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.
(2) The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
(a) the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and
(b) the authority is satisfied that—
(i) the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
(ii) the new tenancy is granted for reasons connected with that abuse.
(3) The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
(a) the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and
(b) the authority is satisfied that—
(i) the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
(ii) the new tenancy is granted for reasons connected with that abuse.
(4) In this section—
“abuse” means—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2019);
(e) psychological, emotional or other abuse;
“domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2019);
“qualifying tenancy” means a tenancy of a dwelling-house in England which is—
(a) a secure tenancy other than a flexible tenancy, or
(b) an assured tenancy—
(i) which is not an assured shorthold tenancy, and
(ii) which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity.
(5) For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).”
(3) In section 81B (cases where old-style English secure tenancies may be granted)—
(a) in subsection (2C)—
(i) for the definition of “abuse” substitute—
““abuse” means—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2019);
(e) psychological, emotional or other abuse;”;
(ii) for the definition of “domestic abuse” substitute— ““domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2019);”;
(b) after subsection (2C) insert—
“(2D) For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).”
54 Offences against the person committed outside the United Kingdom
(1) If—
(a) a person who is a United Kingdom national or United Kingdom resident does an act in a country outside the United Kingdom,
(b) the act constitutes an offence under the law in force in that country, and
(c) the act, if done in England and Wales, would constitute an offence to which this subsection applies, the person is guilty in England and Wales of that offence.
(2) The offences to which subsection (1) applies are—
(a) murder;
(b) manslaughter;
(c) an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 (offences relating to bodily harm or injury);
(d) an offence under section 23 or 24 of that Act (administering poison);
(e) section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
(3) Subsection (1) does not apply where a person would, in the absence of that subsection, be guilty of an offence of murder or manslaughter under the law of England and Wales.
(4) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsection (1)(b) however it is described in that law.
(5) The condition in subsection (1)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant’s opinion met,
(b) showing the grounds for that opinion, and
(c) requiring the prosecution to prove that it is met.
(6) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (5).
(7) In the Crown Court the question whether the condition is met is to be decided by the judge alone.
(8) In this section—
“act” includes a failure to act;
“country” includes territory;
“United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is habitually resident in the United Kingdom.
55 Other offences committed outside the United Kingdom
(1) In the Protection from Harassment Act 1997, after section 4A insert—
“4B Offences under sections 4 and 4A committed outside the United Kingdom
(1) If—
(a) a person’s course of conduct consists of or includes conduct in a country outside the United Kingdom,
(b) the course of conduct would constitute an offence under section 4 or 4A if it occurred in England and Wales, and
(c) the person is a United Kingdom national or United Kingdom resident, the person is guilty in England and Wales of that offence.
(2) In this section—
“country” includes territory;
“United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is habitually resident in the United Kingdom.”
(2) The Sexual Offences Act 2003 is amended in accordance with subsections (3) and (4).
(3) In section 72 (offences outside the United Kingdom)—
(a) in subsections (1)(b) and (2)(c), for “section” substitute “subsection”;
(b) after subsection (2) insert—
“(2A) If—
(a) a person who is a United Kingdom national or United Kingdom resident does an act in a country outside the United Kingdom,
(b) the act constitutes an offence under the law in force in that country, and
(c) the act, if done in England and Wales, would constitute a sexual offence to which this subsection applies, the person is guilty in England and Wales of that sexual offence.”;
(c) in subsection (3)(c), for “section” substitute “subsection”;
(d) in subsection (5), after “(2)” insert “, (2A)”;
(e) in subsection (6), after “(2)(b)” insert “, (2A)(b)”;
(f) in subsection (10), for “this section applies” substitute “subsections (1) to (3) apply”.
(4) In Schedule 2 (sexual offences to which section 72 applies)—
(a) in the heading, for “section 72” substitute “section 72(1) to (3)”;
(b) in paragraph 1, in the opening words, for “section 72 applies” substitute “subsections (1), (2) and (3) of section 72 apply”;
(c) after paragraph 1 insert— “1A In relation to England and Wales, the sexual offences to which subsection (2A) of section 72 applies are offences under any of sections 1 to 4 where the victim of the offence was 18 or over at the time of the offence.”;
(d) in paragraph 3, after “paragraph 1” insert “or 1A”.
(5) In the Serious Crime Act 2015, after section 76 insert—
“76A Offences under section 76 committed outside the United Kingdom
(1) If—
(a) a person’s behaviour consists of or includes behaviour in a country outside the United Kingdom,
(b) the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and
(c) the person is a United Kingdom national or United Kingdom resident, the person is guilty in England and Wales of that offence.
(2) In this section—
“country” includes territory;
“United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is habitually resident in the United Kingdom.”
56 Guidance about operation of Act
(1) The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about the effect of any provision of this Act.
(2) A person exercising public functions to whom guidance is issued under this section must have regard to it in the exercise of those functions.
(3) The Secretary of State may from time to time revise any guidance issued under this section.
(4) Before issuing or revising guidance under this section the Secretary of State must consult—
(a) the Domestic Abuse Prevention Commissioner,
(b) the Welsh Ministers, so far as the guidance is to a devolved Welsh authority, and
(c) such other persons as the Secretary of State considers appropriate.
(5) In subsection (4)(b) “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006.
(6) Subsection (4) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(7) The Secretary of State must publish—
(a) any guidance issued under this section, and
(b) any revisions of that guidance.
(8) Nothing in this section permits the Secretary of State to issue guidance to any court or tribunal.
57 Power to make transitional or saving provision
(1) The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
(2) Regulations under this section may (among other things) make any adaptations of provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.
58 Regulations
(1) Any power to make regulations under this Act is exercisable by statutory instrument.
(2) Regulations under this Act may—
(a) make different provision for different purposes or in relation to different areas;
(b) contain supplementary, incidental, consequential, transitional or saving provision.
(3) Subsection (2) does not apply to regulations under section 61 (see instead subsection (4) of that section).
(4) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless the instrument—
(a) is required by subsection (5) or any other enactment to be laid in draft before, and approved by a resolution of, each House, or
(b) contains only regulations under section 33(7), 58 or 61.
(5) A statutory instrument that contains (with or without other provisions) regulations under section 37(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
59 Extent
This Act extends to England and Wales.
60 Commencement and short title
(1) The following provisions of this Act come into force on the day on which this Act is passed—
(a) Part 1;
(b) sections 46, 53 and 57;
(c) sections 58, 59 and 60 and this section;
(d) any power to make regulations under or by virtue of this Act.
(2) Sections 55 and 56 come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3) The remaining provisions of this Act come into force in accordance with provision contained in regulations made by the Secretary of State.
(4) Regulations under this section may make different provision for different purposes or in relation to different areas.
(5) Regulations under this section bringing any provision of Part 3 or section 52 into force only for a specified purpose or in relation to a specified area may—
(a) provide for that provision or section to be in force for that purpose or in relation to that area for a specified period;
(b) make transitional or saving provision related to that provision or section ceasing to be in force at the end of the specified period.
(6) Regulations containing provision permitted by subsection (5)(a) may be amended by subsequent regulations under this section so as to continue any provision of Part 3 or section 52 in force for the specified purpose or in relation to the specified area for a further specified period.
(7) This Act may be cited as the Domestic Abuse Act 2019.
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