Domestic Violence, Crime and Victims Act 2004

This section has no associated Explanatory Notes

36(1)Section 42 of that Act (non-molestation orders) is amended as follows.U.K.

(2)After subsection (4) insert—

(4A)A court considering whether to make an occupation order shall also consider whether to exercise the power conferred by subsection (2)(b).

(4B)In this Part “the applicant”, in relation to a non-molestation order, includes (where the context permits) the person for whose benefit such an order would be or is made in exercise of the power conferred by subsection (2)(b).

(3)In subsection (5)(a) omit the words from “or” to “made”.