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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime and Security Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Commencement Orders bringing provisions within this Act into force:
(1)The court may make a DVPO if two conditions are met.
(2)The first condition is that the court is satisfied on the balance of probabilities that P has been violent towards, or has threatened violence towards, an associated person.
(3)The second condition is that the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by P.
(4)Before making a DVPO, the court must, in particular, consider—
(a)the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the DVPO (whether or not that person is an associated person), and
(b)any opinion of which the court is made aware—
(i)of the person for whose protection the DVPO would be made, and
(ii)in the case of provision included by virtue of subsection (8), of any other associated person who lives in the premises to which the provision would relate.
(5)But the court may make a DVPO in circumstances where the person for whose protection it is made does not consent to the making of the DVPO.
(6)A DVPO must contain provision to prohibit P from molesting the person for whose protection it is made.
(7)Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.
(8)If P lives in premises which are also lived in by a person for whose protection the DVPO is made, the DVPO may also contain provision—
(a)to prohibit P from evicting or excluding from the premises the person for whose protection the DVPO is made,
(b)to prohibit P from entering the premises,
(c)to require P to leave the premises, or
(d)to prohibit P from coming within such distance of the premises as may be specified in the DVPO.
(9)A DVPO must state that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPO.
(10)A DVPO may be in force for—
(a)no fewer than 14 days beginning with the day on which it is made, and
(b)no more than 28 days beginning with that day.
(11)A DVPO must state the period for which it is to be in force.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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