The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 9 and Transitional Provisions) Order 2007

Statutory Instruments

2007 No. 1845 (C. 69)

FAMILY LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 9 and Transitional Provisions) Order 2007

Made

24th June 2007

The Secretary of State makes the following Order in exercise of the power conferred by section 60 and 61of 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. 9 and Transitional Provisions) Order 2007.

2.  The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st July 2007—

(a) section 1 (breach of non-molestation order to be a criminal offence);

(b) section 4 (extension of Part 4 of 1996 Act to non-cohabiting couples);

(c) section 58(1) (amendments and repeals) in so far as it relates to paragraphs 36 to 39 (Family Law Act 1996(2)) of Schedule 10 (minor and consequential amendments);

(d) section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 (repeals) relating to sections 42(5)(a), 47(1) and 49(4) of the Family Law Act 1996;

(e) section 59 (transitional and transitory provisions) in so far as it relates to paragraph 1 of Schedule 12.

3.  The commencement of the provisions referred to in article 2(a), (c), (d) and (e) does not apply where a power of arrest under section 47 of the Family Law Act 1996(3) has been attached to a non-molestation order before 1st July 2007, unless the power of arrest no longer has effect.

Signed by authority of the Secretary of State

Vera Baird

Parliamentary Under-Secretary of State

Ministry of Justice

24th June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st July 2007 the provisions of the Domestic Violence, Crime and Victims Act 2004 (c.28) specified in article 2. By article 3, the provisions referred to in article 2(a), (c), (d) and (e) are not commenced in any case where a power of arrest has been attached to a non-molestation order before 1st July 2007. The exception to this is that if the power of arrest ceases to have effect on or after 1st July 2007.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Sections 2 to 3	5th December 2005	2005/3196
Sections 5 to 8	21st March 2005	2005/579
Section 10(2)	1st July 2005	2005/1705
Section 11	31st March 2005	2005/579
Section 14	1st April 2007	2007/602
Sections 17 to 21	8th January 2007	2006/3423
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 30	8th January 2007	2006/3423
Section 31	31st March 2005	2005/579
Sections 32 to 34	18th October 2005	2005/2848
Sections 35 to 45	1st July 2005	2005/1705
Section 47	18th October 2005	2005/2848
Section 54 (in part)	18th October 2005	2005/2848
Section 55	4th October 2006	2006/2662
Section 56	8th January 2007	2006/3423
Section 58 (in part)	21st March 2005	2005/579
(in part)	31st March 2005	2005/579
(in part)	1st July 2005	2005/1705
(in part)	8th January 2007	2006/3423
(in part)	1st April 2007	2007/602
Section 59 (in part)	21st March 2005	2005/579
(in part)	31st March 2005	2005/579
(in part)	1st July 2005	2005/1705
(in part)	1st April 2007	2007/602
Schedule 1	8th January 2007	2006/3423
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	18th 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
(in part)	5th December 2005	2005/3196
(in part)	8th January 2007	2006/3423
(in part)	1st April 2007	2007/602
Schedule 11 (in part)	21st March 2005	2005/579
(in part)	31st March 2005	2005/579
(in part)	1st July 2005	2005/1705
(in part)	5th December	2005/3196
Schedule 12 (in part)	21st March 2005	2005/579
(in part)	31st March 2005	2005/579
(in part)	1st July 2005	2005/1705
(in part)	1st April 2007	2007/602

(1)

2004 c.28.

(2)

1996 c.27.

(3)

1996 c.27.