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Domestic Violence, Crime and Victims Act 2004
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Domestic Violence, Crime and Victims Act 2004, Paragraph 36 is up to date with all changes known to be in force on or before 03 March 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 36:
- 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
36(1)Section 42 of that Act (non-molestation orders) is amended as follows.U.K.
(2)After subsection (4) insert—
“(4A)A court considering whether to make an occupation order shall also consider whether to exercise the power conferred by subsection (2)(b).
(4B)In this Part “the applicant”, in relation to a non-molestation order, includes (where the context permits) the person for whose benefit such an order would be or is made in exercise of the power conferred by subsection (2)(b).”
(3)In subsection (5)(a) omit the words from “or” to “made”.
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