The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024

Statutory Instruments

2024 No. 1191 (C. 76)

DOMESTIC ABUSE, ENGLAND AND WALES

The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024

Made

18th November 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1), 90(6), (7) and (8) of the Domestic Abuse Act 2021(1).

Citation, interpretation and extent

1.—(1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024.

(2) In these Regulations—

(a) a reference to a section, Part or Schedule by number alone means the section, Part or Schedule so numbered in the Domestic Abuse Act 2021;

(b) a reference to a DAPO includes—

(i) an application for a DAPO or the making of a DAPO, and

(ii) an application for variation or discharge of a DAPO or the variation or discharge of a DAPO;

(c) “DAPN” means a domestic abuse protection notice within the meaning of section 22;

(d) “DAPO” means a domestic abuse protection order within the meaning of section 27;

(e) “higher court” means, where the DAPO was made in—

(i) the family court, the High Court or the Court of Appeal;

(ii) the High Court, the Court of Appeal;

(iii) the county court, the High Court or the Court of Appeal;

(iv) the magistrates’ court, the Crown Court;

(v) the Crown Court, the Court of Appeal;

(f) “P” means—

(i) the person to whom a DAPN is to be given or has been given, or

(ii) the person against whom a DAPO is sought or has been made;

(g) “specified period” means the period beginning with 27 November 2024 and ending with 26 November 2025.

(3) These Regulations extend to England and Wales only.

Commencement of Part 3

2.  Part 3 (powers for dealing with domestic abuse), except section 55 (repeal of provisions about domestic violence protection notices and orders), comes into force on 27 November 2024 for the specified period in relation to the areas specified in regulation 3.

Commencement of Part 3 in relation to specified areas

3.—(1) Except as provided in paragraph (2), Part 3, including Schedule 1, comes into force only in—

(a) the London boroughs of—

(i) Bromley,

(ii) Croydon, and

(iii) Sutton, and

(b) the Metropolitan District of Greater Manchester.

(2) The following provisions of Part 3 come into force in relation to the whole of England and Wales—

(a) section 26 (breach of notice),

(b) section 30 (remand under section 29(8) of person arrested for breach of notice),

(c) section 39 (breach of order),

(d) section 40 (arrest for breach of order),

(e) section 41 (notification requirements),

(f) section 42 (further provision about notification under section 41),

(g) section 43 (offences relating to notification),

(h) section 46 (appeals) for the purpose of enabling the appeal to be made to a higher court,

(i) section 47 (further provision about appeals) for the purpose of enabling the appeal to be made to a higher court,

(j) section 50 (guidance),

(k) section 53 (proceedings not to be subject to conditional fee agreements),

(l) section 54 (consequential amendments of the Sentencing Code),

(m) section 56 (interpretation of Part 3), and

(n) Schedule 1 (further provision about remand under section 40).

Savings

4.—(1) Where immediately before the end of the specified period—

(a) a DAPN has been given to P,

(b) an application for leave to apply for a DAPO has been made,

(c) an application for a DAPO has been made,

(d) proceedings, as specified in section 31, have been issued, or

(e) the court has made a DAPO,

the provisions of Part 3 will continue to have effect in the areas specified in regulation 3 for the purposes set out in the second column of the table in paragraph (2).

(2) The table referred to in paragraph (1) is—

Stage in Proceedings	Purpose
DAPN given to P	Application for DAPO may be made
Application for leave made	Court may grant leave and application for DAPO may be made
Application for DAPO made	DAPO may be made by the court
Proceedings specified under section 31 issued	DAPO may be made by the court on application or of its own initiative
DAPO made by the court	DAPO may be varied or discharged by the court, enforced on breach or appealed

Heidi Alexander

Minister of State

Ministry of Justice

18th November 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the sixth commencement regulations made under the Domestic Abuse Act 2021 (“the Act”) that extend only to England and Wales. They bring into force Part 3 of the Act, which establishes a new domestic abuse protection notice and domestic abuse protection order, on a piloted basis on 27 November 2024. Regulation 2 brings into force Part 3 of the Act, except section 55 (which repeals domestic violence protection notices and domestic violence protection orders). Regulation 3 specifies the pilot areas. Paragraph (2) of regulation 3 extends specific sections of the Act, as specified in that paragraph, to England and Wales, and not just the pilot areas. Regulation 4 provides for the provisions of Part 3 to continue to have effect after the end of the pilot for the purposes specified in the second column of the table set out in paragraph (2) of that regulation.

An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen arising from the provisions these Regulations bring into force. An impact assessment has been published in relation to the Act which does consider the impact of DAPOs 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

NOTE AS TO EARLIER COMMENCEMENT Regulations

(This note is not part of the Regulations)

The following provisions of the Domestic Abuse Act 2021 have been brought into force in England and Wales by commencement Regulations made before the date of these Regulations.

Provision	Date of Commencement	S.I. No.
Section 1 (partially)	5th July 2021	2021/797
Section 1 (remainder)	1st October 2021	2021/1038
Section 2 (partially)	5th July 2021	2021/797
Section 2 (remainder)	1st October 2021	2021/1038
Section 3 (partially)	1st October 2021	2021/1038
Section 3 (partially)	1st November 2021	2021/1038
Section 3 (remainder)	31st January 2022	2022/73
Part 2	1st November 2021	2021/1038
Part 4	1st October 2021	2021/1038
Section 62 (partially)	19th May 2022	2022/553
Section 63	1st October 2021	2021/1038
Section 64	14th June 2022	2022/553
Section 65	21st July 2022	2022/840
Section 66	21st July 2022	2022/840
Section 67	19 May 2022	2022/553
Section 68	5th April 2023	2023/406
Section 70	7 June 2022	2022/553
Section 76 (partially)	5th July 2021	2021/797
Section 77	5th April 2023	2023/406
Section 78	5th July 2021	2021/797
Section 79	1st November 2021	2021/1038
Section 82	5th April 2023	2023/406
Section 84	1st November 2021	2021/1038
Schedule 2	7th June 2022	2022/553

(1)

2021 c. 17.