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Domestic Violence, Crime and Victims Act 2004
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Changes to legislation:
Domestic Violence, Crime and Victims Act 2004, Paragraph 38 is up to date with all changes known to be in force on or before 26 February 2025. 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.
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Changes and effects yet to be applied to Schedule 10 Paragraph 38:
- s. 8A and cross-heading inserted by 2024 c. 21 s. 19(2)
- s. 37ZA inserted by 2024 c. 21 s. 21(3)
- Sch. 9 para. 26A inserted by 2015 c. 2 Sch. 3 para. 12
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 8A and cross-heading inserted by 2024 c. 21 s. 19(2)
- s. 37ZA inserted by 2024 c. 21 s. 21(3)
- Sch. 9 para. 26A inserted by 2015 c. 2 Sch. 3 para. 12
This section has no associated Explanatory Notes
38(1)Section 47 of that Act (arrest for breach of occupation order or non-molestation order) is amended as follows.U.K.
(2)Omit subsection (1).
(3)In subsections (2) and (4), for “a relevant order” substitute “ an occupation order ”.
(4)In subsections (3) and (5), for “the relevant order” substitute “ the occupation order ”.
(5)In subsection (8), for the words up to the end of paragraph (b) substitute— “If the court—
(a)has made a non-molestation order, or
(b)has made an occupation order but has not attached a power of arrest under subsection (2) or (3) to any provision of the order, or has attached that power only to certain provisions of the order,”.
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