Statutory Instruments
Domestic Abuse, England And Wales
Made
17th May 2022
The Secretary of State, in exercise of the powers conferred by section 90(6) and (7) of the Domestic Abuse Act 2021(1), makes the following Regulations.
1.—(1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022.
(2) In these Regulations a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Domestic Abuse Act 2021.
(3) These Regulations extend to England and Wales.
2.—(1) The following provisions come into force on 19th May 2022—
(a)section 62 (special measures in criminal proceedings for offences involving domestic abuse), for all purposes except that set out in paragraph (2);
(b)section 67 (orders under section 91(14) of the Children Act 1989).
(2) The purpose referred to in paragraph (1)(a) is enabling a special measures direction to include the provision for which sections 27 (video recorded evidence in chief) and 28 (video recorded cross-examination or re-examination) of the Youth Justice and Criminal Evidence Act 1999(2) provide.
3. The following provisions come into force on 7th June 2022—
(a)section 70 (strangulation or suffocation);
(b)Schedule 2 (strangulation or suffocation: consequential amendments).
4. Section 64 (special measures in civil proceedings: victims of domestic abuse etc.) comes into force on 14th June 2022.
Victoria Atkins
Minister of State
Ministry of Justice
17th May 2022
(This note is not part of the Regulations)
These Regulations are the fourth commencement regulations made under the Domestic Abuse Act 2021 (“the Act”). They bring into force sections 62 (for specified purposes) and 67 on 19th May 2022, section 70 and Schedule 2 on 7th June 2022, and section 64 on 14th June 2022.
An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen independent of the provisions these Regulations bring into force. An impact assessment has been published in relation to the Act and copies can be obtained from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ, or from this website:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1007463/DA_Act_2021_Impact_Assessment.pdf
(This note is not part of the Regulations)
The following provisions of the Domestic Abuse Act 2021 have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 and 2 (partially) | 5th July 2021 | 2021/797 |
| Section 76 (partially) | 5th July 2021 | 2021/797 |
| Section 78 | 5th July 2021 | 2021/797 |
| Sections 1 and 2, so far as not already in force | 1st October 2021 | 2021/1038 |
| Section 3 (partially) | 1st October 2021 | 2021/1038 |
| Section 63 | 1st October 2021 | 2021/1038 |
| Part 4 | 1st October 2021 | 2021/1038 |
| Section 3 (partially) | 1st November 2021 | 2021/1038 |
| Part 2 | 1st November 2021 | 2021/1038 |
| Section 79 | 1st November 2021 | 2021/1038 |
| Section 84 | 1st November 2021 | 2021/1038 |
| Section 3, so far as not already in force | 31st January 2022 | 2022/73 |