Domestic Abuse Act 2021

Functions of Commissioner

7 General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) the prevention of domestic abuse;

(b) the prevention, detection, investigation and prosecution of offences involving domestic abuse;

(c) the identification of—

(i) people who carry out domestic abuse;

(ii) victims of domestic abuse;

(iii) children affected by domestic abuse;

(d) the provision of protection and support to people affected by domestic abuse.

(2) The things that the Commissioner may do in pursuance of the general duty under subsection (1) include—

(a) assessing, monitoring, and publishing information about, the provision of services to people affected by domestic abuse;

(b) making recommendations to any public authority about the exercise of its functions;

(c) undertaking or supporting (financially or otherwise) the carrying out of research;

(d) providing information, education or training;

(e) taking other steps to increase public awareness of domestic abuse;

(f) consulting public authorities, voluntary organisations and other persons;

(g) co-operating with, or working jointly with, public authorities, voluntary organisations and other persons, whether in England and Wales or outside the United Kingdom.

(3) Subject to subsection (4), the Commissioner may not do anything in pursuance of the general duty under subsection (1) that—

(a) relates to a devolved Welsh authority, or

(b) otherwise relates to Welsh devolved matters.

(4) Subsection (3) does not prevent the Commissioner from—

(a) doing anything falling within subsection (2)(c), (d) or (e), to the extent that the thing done does not relate to Welsh devolved matters;

(b) doing anything falling within subsection (2)(f) or (g);

(c) disclosing information to a devolved Welsh authority, or information which relates to Welsh devolved matters, under section 18.

(5) For the purposes of this section something relates to Welsh devolved matters so far as it relates to—

(a) any matter provision about which would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru, or

(b) (so far as it is not within paragraph (a)), any matter functions with respect to which are exercisable by the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or the Senedd Commission.

(6) In this section—

• “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006;

• “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

8 Reports

(1) The Commissioner may report to the Secretary of State on any matter relating to domestic abuse.

(2) The Commissioner must publish every report made under this section.

(3) Before publishing a report under this section, the Commissioner must send a draft of the report to the Secretary of State.

(4) The Secretary of State may direct the Commissioner to omit material from any report under this section before publication if the Secretary of State thinks the publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(5) The Secretary of State must consult the Commissioner before making any direction under subsection (4).

(6) The Commissioner must arrange for a copy of any report published under this section to be laid before Parliament.

9 Advice and assistance

(1) The Commissioner may provide the Secretary of State with any advice or assistance that the Secretary of State may request.

(2) The Commissioner may, at the request of any other person, provide the person with advice or assistance relating to the exercise of any of the person’s functions, or the carrying out of any activities by the person, in relation to people affected by domestic abuse.

(3) The Commissioner may charge a person for providing the person with advice or assistance under subsection (2).

(4) The Commissioner must publish any advice given to a person under subsection (2).

(5) Before publishing any advice given under this section, the Commissioner must send a draft of what is proposed to be published to the Secretary of State.

(6) The Secretary of State may direct the Commissioner to omit anything contained in the advice before publication if the Secretary of State thinks the publication of that material—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(7) The Secretary of State must consult the Commissioner before making any direction under subsection (6).

10 Incidental powers

(1) The Commissioner may do anything which the Commissioner considers will facilitate, or is incidental or conducive to, the carrying out of the Commissioner’s functions.

(2) But the Commissioner may not borrow money.