Statutory Instruments
FAMILY LAW
Made
4th November 2005
The Secretary of State makes the following Order in exercise of the powers conferred by sections 60 and 61 of the Domestic Violence, Crime and Victims Act 2004(1):
1. This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 5) Order 2005.
2. The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 5th December 2005—
(a)section 2 (additional considerations if parties are cohabitants or former cohabitants);
(b)section 3 (“cohabitants” in Part 4 to include same-sex couples);
(c)paragraphs 34, 35, 40, 41 and 42 of Schedule 10 (minor and consequential amendments); and
(d)the entry in Schedule 11 (repeals) relating to section 41 of the Family Law Act 1996(2).
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
4th November 2005
(This note is not part of the Order)
This Order commences certain provisions of the Domestic Violence, Crime and Victims Act 2004 (c. 28) which are related to cohabitation. The provisions commenced have the effect of amending the definition of “cohabitants” in the Family Law Act 1996 to include cohabiting same-sex couples, and make further consequential amendments. They also extend the definition of “relative” in that Act to include first cousins.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 5 to 8 | 21st March 2005 | 2005/579 |
| Section 10(2) | 1st July 2005 | 2005/1705 |
| Section 11 | 31st March 2005 | 2005/579 |
| Sections 22 to 26 | 31st March 2005 | 2005/579 |
| Section 27 | 18th July 2005 | 2005/1821 |
| Sections 28 to 29 | 31st March 2005 | 2005/579 |
| Section 31 | 31st March 2005 | 2005/579 |
| Sections 32 to 34 | 12th October 2005 | 2005/2848 |
| Sections 35 to 45 | 1st July 2005 | 2005/1705 |
| Section 47 | 12th October 2005 | 2005/2848 |
| Section 54 (in part) | 12th October 2005 | 2005/2848 |
| Section 58 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| Section 59 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| Schedule 2 | 31st March 2005 | 2005/579 |
| Schedule 3 | 31st March 2005 | 2005/579 |
| Schedule 4 | 18th July 2005 | 2005/1821 |
| Schedule 5 | 31st March 2005 | 2005/579 |
| Schedule 6 | 31st March 2005 | 2005/579 |
| Schedule 7 | 12th October 2005 | 2005/2848 |
| Schedule 10 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| Schedule 11 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |
| Schedule 12 (in part) | 21st March 2005 | 2005/579 |
| (in part) | 31st March 2005 | 2005/579 |
| (in part) | 1st July 2005 | 2005/1705 |