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Changes over time for: Section 29
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Domestic Abuse Act 2021, Section 29 is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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Whole provisions yet to be inserted into this
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Prospective
29Applications where domestic abuse protection notice has been givenE+W
This
adran has no associated
Nodiadau Esboniadol
(1)This section applies where, as a result of a person (“P”) being given a domestic abuse protection notice under section 22, a chief officer of police is required by section 28(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 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 25(4).
(6)But if the notice has not been given because P did not give an address under section 25(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 domestic abuse protection 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 26(1) (arrest for breach of domestic abuse protection notice), and
(b)the court adjourns the hearing,
the court may remand P.
Yn ôl i’r brig