Domestic Abuse Act 2021

Notices and orders: supplementary

50 Guidance

(1) The Secretary of State must issue guidance relating to the exercise by relevant persons of functions under or by virtue of this Part.

(2) In this section “relevant person” means—

(a) a constable;

(b) a person specified in regulations under subsection (2)(c) of section 28 for the purpose of making applications for orders under that section.

(3) A relevant person must have regard to any guidance issued under this section when exercising a function to which the guidance relates.

(4) The Secretary of State may from time to time revise any guidance issued under this section.

(5) Before issuing or revising guidance under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(6) Subsection (5) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.

(7) The Secretary of State must publish—

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

51 Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by domestic abuse protection orders.

(2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

52 Powers to make other orders in proceedings under this Part

(1) In section 8 of the Children Act 1989 (child arrangements orders and other orders with respect to children), in subsection (4), at the end insert—

“(k) Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.”

(2) In Part 4 of the Family Law Act 1996 (family homes and domestic violence), in section 63(2) (definition of “family proceedings”), after paragraph (j) insert—

“(k) Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.”

53 Proceedings not to be subject to conditional fee agreements

In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), after paragraph (fd) (but before the “and” following it) insert—

“(fe) proceedings under Part 3 of the Domestic Abuse Act 2021 (proceedings for domestic abuse protection order), where the proceedings are in the family court or the Family Division of the High Court;”.

54 Consequential amendments of the Sentencing Code

(1) The Sentencing Code is amended as follows.

(2) In section 80 (order for conditional discharge), in subsection (3), at the end insert—

“(f) section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).”

(3) In Chapter 6 of Part 11 (other behaviour orders), before section 379 (but after the heading “Other orders”) insert—

“378A Domestic abuse protection orders

See Part 3 of the Domestic Abuse Act 2021 (and in particular section 31(3) of that Act) for the power of a court to make a domestic abuse protection order when dealing with an offender for an offence.”

55 Repeal of provisions about domestic violence protection notices and orders

(1) In the Crime and Security Act 2010, omit sections 24 to 33 (which make provision for domestic violence protection notices and domestic violence protection orders).

(2) In consequence of the repeal made by subsection (1), omit the following provisions—

(a) in Schedule 8 to the Crime and Courts Act 2013, paragraph 179;

(b) in Schedule 14 to the Policing and Crime Act 2017, paragraph 7(g).

56 Interpretation of Part 3

(1) In this Part—

• “chief officer of police” means—

  (a)

  in relation to a police force maintained by a local policing body, the chief officer of police of that force;

  (b)

  in relation to the British Transport Police Force, the Chief Constable of the Force;

  (c)

  in relation to the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;

• “domestic abuse protection notice” has the meaning given by section 22(2);

• “domestic abuse protection order” has the meaning given by section 27(1);

• “electronic monitoring requirement” has the meaning given by section 35(6);

• “family proceedings” means—

  (a)

  proceedings in the family court (other than proceedings under or by virtue of this Part), and

  (b)

  family proceedings within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984;

• “home address”, in relation to a person, means—

  (a)

  the address of the person’s sole or main residence in the United Kingdom, or

  (b)

  if the person has no such residence—

  (i)

  the address or location of a place in the United Kingdom where the person can regularly be found;

  (ii)

  if there is more than one such place, the address or location of whichever one of those places the person selects;

• “relevant police force” has the meaning given by section 22(8);

• “requirement”, in relation to a domestic abuse protection order, is to be read in accordance with section 35(1);

• “senior police officer” has the meaning given by section 22(8).

(2) Any reference to a member of a police force includes, in the case of a police force maintained by a local policing body, a reference to a special constable appointed by the chief officer of police of that force.

(3) Any reference to changing home address includes a reference to a case where—

(a) a person acquires a home address at any time, and

(b) immediately before that time, the person did not have a home address.

(4) See also—

(a) section 1 (definition of “domestic abuse”);

(b) section 2 (definition of “personally connected”).