2007 No. 1845 (C. 69)

FAMILY LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 9 and Transitional Provisions) Order 2007

Made

The Secretary of State makes the following Order in exercise of the power conferred by section 60 and 61of the Domestic Violence, Crime and Victims Act 20041:

1

This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 9 and Transitional Provisions) Order 2007.

2

The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st July 2007—

a

section 1 (breach of non-molestation order to be a criminal offence);

b

section 4 (extension of Part 4 of 1996 Act to non-cohabiting couples);

c

section 58(1) (amendments and repeals) in so far as it relates to paragraphs 36 to 39 (Family Law Act 19962) of Schedule 10 (minor and consequential amendments);

d

section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 (repeals) relating to sections 42(5)(a), 47(1) and 49(4) of the Family Law Act 1996;

e

section 59 (transitional and transitory provisions) in so far as it relates to paragraph 1 of Schedule 12.

3

The commencement of the provisions referred to in article 2(a), (c), (d) and (e) does not apply where a power of arrest under section 47 of the Family Law Act 19963 has been attached to a non-molestation order before 1st July 2007, unless the power of arrest no longer has effect.

Signed by authority of the Secretary of State

Vera BairdParliamentary Under-Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st July 2007 the provisions of the Domestic Violence, Crime and Victims Act 2004 (c.28) specified in article 2. By article 3, the provisions referred to in article 2(a), (c), (d) and (e) are not commenced in any case where a power of arrest has been attached to a non-molestation order before 1st July 2007. The exception to this is that if the power of arrest ceases to have effect on or after 1st July 2007.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Sections 2 to 3

5th December 2005

2005/3196

Sections 5 to 8

21st March 2005

2005/579

Section 10(2)

1st July 2005

2005/1705

Section 11

31st March 2005

2005/579

Section 14

1st April 2007

2007/602

Sections 17 to 21

8th January 2007

2006/3423

Sections 22 to 26

31st March 2005

2005/579

Section 27

18th July 2005

2005/1821

Sections 28 to 29

31st March 2005

2005/579

Section 30

8th January 2007

2006/3423

Section 31

31st March 2005

2005/579

Sections 32 to 34

18th October 2005

2005/2848

Sections 35 to 45

1st July 2005

2005/1705

Section 47

18th October 2005

2005/2848

Section 54 (in part)

18th October 2005

2005/2848

Section 55

4th October 2006

2006/2662

Section 56

8th January 2007

2006/3423

Section 58 (in part)

21st March 2005

2005/579

(in part)

31st March 2005

2005/579

(in part)

1st July 2005

2005/1705

(in part)

8th January 2007

2006/3423

(in part)

1st April 2007

2007/602

Section 59 (in part)

21st March 2005

2005/579

(in part)

31st March 2005

2005/579

(in part)

1st July 2005

2005/1705

(in part)

1st April 2007

2007/602

Schedule 1

8th January 2007

2006/3423

Schedule 2

31st March 2005

2005/579

Schedule 3

31st March 2005

2005/579

Schedule 4

18th July 2005

2005/1821

Schedule 5

31st March 2005

2005/579

Schedule 6

31st March 2005

2005/579

Schedule 7

18th October 2005

2005/2848

Schedule 10 (in part)

21st March 2005

2005/579

(in part)

31st March 2005

2005/579

(in part)

1st July 2005

2005/1705

(in part)

5th December 2005

2005/3196

(in part)

8th January 2007

2006/3423

(in part)

1st April 2007

2007/602

Schedule 11 (in part)

21st March 2005

2005/579

(in part)

31st March 2005

2005/579

(in part)

1st July 2005

2005/1705

(in part)

5th December

2005/3196

Schedule 12 (in part)

21st March 2005

2005/579

(in part)

31st March 2005

2005/579

(in part)

1st July 2005

2005/1705

(in part)

1st April 2007

2007/602