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The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 5) Order 2005

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Statutory Instruments

2005 No. 3196 (C.137)

FAMILY LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 5) Order 2005

Made

4th November 2005

The Secretary of State makes the following Order in exercise of the powers conferred by sections 60 and 61 of the Domestic Violence, Crime and Victims Act 2004(1):

1.  This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 5) Order 2005.

2.  The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 5th December 2005—

(a)section 2 (additional considerations if parties are cohabitants or former cohabitants);

(b)section 3 (“cohabitants” in Part 4 to include same-sex couples);

(c)paragraphs 34, 35, 40, 41 and 42 of Schedule 10 (minor and consequential amendments); and

(d)the entry in Schedule 11 (repeals) relating to section 41 of the Family Law Act 1996(2).

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

4th November 2005

Explanatory Note

(This note is not part of the Order)

This Order commences certain provisions of the Domestic Violence, Crime and Victims Act 2004 (c. 28) which are related to cohabitation. The provisions commenced have the effect of amending the definition of “cohabitants” in the Family Law Act 1996 to include cohabiting same-sex couples, and make further consequential amendments. They also extend the definition of “relative” in that Act to include first cousins.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 5 to 821st March 20052005/579
Section 10(2)1st July 20052005/1705
Section 1131st March 20052005/579
Sections 22 to 2631st March 20052005/579
Section 2718th July 20052005/1821
Sections 28 to 2931st March 20052005/579
Section 3131st March 20052005/579
Sections 32 to 3412th October 20052005/2848
Sections 35 to 451st July 20052005/1705
Section 4712th October 20052005/2848
Section 54 (in part)12th October 20052005/2848
Section 58 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
Section 59 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
Schedule 231st March 20052005/579
Schedule 331st March 20052005/579
Schedule 418th July 20052005/1821
Schedule 531st March 20052005/579
Schedule 631st March 20052005/579
Schedule 712th October 20052005/2848
Schedule 10 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
Schedule 11 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
Schedule 12 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705

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