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Statutory Instruments
DOMESTIC ABUSE, ENGLAND AND WALES
Made
3rd March 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1) and 90(6), (7) and (8) of the Domestic Abuse Act 2021( 1).
1.—(1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 7 and Saving Provisions) Regulations 2025.
(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) “ 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;
(f) “ specified period” means the period beginning with 5th March 2025 and ending with 26th November 2025.
(3) These Regulations extend to England and Wales only.
2. In so far as it is not already in force, 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 5th March 2025 for the specified period in relation to the area specified in regulation 3.
3. Part 3, including Schedule 1, comes into force only in the non-metropolitan county of Cleveland.
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 area 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 |
Alex Davies-Jones
Parliamentary Under Secretary of State
Ministry of Justice
3rd March 2025
(This note is not part of the Regulations)
These Regulations are the seventh 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), in so far as not already in force, on a piloted basis on 5th March 2025. 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 extends the existing pilot (as specified in SI 2024/1191) to an additional pilot area of Cleveland. 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
(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 3 (partially) | 27th November 2024 | 2024/1191 |
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 |