Domestic Violence, Crime and Victims Act 2004

33 Procedure E+W

(1) Subsections (2) to (7) apply in relation to a code of practice required to be issued under section 32.

(2) The Secretary of State [F1 for Justice] must prepare a draft of the code.

(3) In preparing the draft the Secretary of State [F1 for Justice] must consult the Attorney General and the [F2 Secretary of State for the Home Department].

(4) After preparing the draft the Secretary of State [F1 for Justice] must—

(a) publish the draft;

(b) specify a period during which representations about the draft may be made to him.

(5) The Secretary of State [F1 for Justice] must—

(a) consider in consultation with the Attorney General and the [F2 Secretary of State for the Home Department] any representations made to him before the end of the specified period about the draft;

(b) if he thinks it appropriate, modify the draft in the light of any such representations.

(6) After the Secretary of State [F1 for Justice] has proceeded under subsection (5) he must lay the code before Parliament.

(7) When he has laid the code before Parliament the Secretary of State [F1 for Justice] must bring it into operation on such day as he appoints by order.

(8) The Secretary of State [F1 for Justice] may from time to time revise a code previously brought into operation under this section; and subsections (2) to (7) apply to a revised code as they apply to the code as first prepared.

(9) But the Secretary of State [F1 for Justice] may revise a code under subsection (8) only if it appears to him that the proposed revisions would not result in—

(a) a significant reduction in the quality or extent of the services to be provided under the code, or

(b) a significant restriction in the description of persons to whom services are to be provided under the code.

Textual Amendments

F1 Words in s. 33 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)

F2 Words in s. 33 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)

Modifications etc. (not altering text)

C1 S. 33: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)