Domestic Abuse Act 2021

Final provisions U.K.

87 Regulations U.K.

(1) Any power of the Secretary of State, the Lord Chancellor or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2) Any power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Regulations under this Act may—

(a) make different provision for different purposes or in relation to different areas;

(b) contain supplementary, incidental, consequential, transitional or saving provision.

(4) Subsection (3) does not apply to regulations under section 90 (see instead subsection (7) of that section).

(5) A statutory instrument containing regulations made by the Secretary of State or Lord Chancellor under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless the instrument—

(a) is required by subsection (6) or any other enactment to be laid in draft before, and approved by a resolution of, each House of Parliament, or

(b) contains only regulations under section 20(4), 37(7), 81(4), 86 or 90.

(6) A statutory instrument that contains (with or without other provisions)—

(a) regulations under section 41(7),

(b) regulations of the Secretary of State under section 80(6), or

(c) regulations of the Secretary of State under section 85 that amend or repeal any Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution made by Senedd Cymru, unless the instrument—

(a) is required by subsection (8) or any other enactment to be laid before, and approved by a resolution of, Senedd Cymru, or

(b) contains only regulations under section 86.

(8) A statutory instrument that contains (with or without other provisions)—

(a) regulations of the Welsh Ministers under section 80(6), or

(b) regulations of the Welsh Ministers under section 85 that amend or repeal primary legislation (within the meaning of section 85(4)),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

88 Financial provision U.K.

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

89 Extent U.K.

(1) Except as set out below, this Act extends to England and Wales only.

(2) Any amendment or repeal made by Part 2 or 3 or Schedule 2 has the same extent within the United Kingdom as the provision amended or repealed.

(3) Section 74(2) and Part 2 of Schedule 3 extend to Scotland only.

(4) Sections 73 and 74(3) and Part 3 of Schedule 3 extend to Northern Ireland only.

(5) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 39(7),

(b) sections 81 and 82,

(c) sections 85 to 88,

(d) this section, and

(e) sections 90 and 91.

(6) Section 39(7) and this subsection (and sections 85 to 87, 90 and 91, so far as relating to those provisions) extend to—

(a) the Isle of Man, and

(b) the British overseas territories except Gibraltar;

and the power under section 384(2) of the Armed Forces Act 2006 may be exercised so as to modify section 39(7) as it extends to the Isle of Man or a British overseas territory other than Gibraltar.

(7) The power under section 384(1) of the Armed Forces Act 2006 may be exercised so as to extend section 39(7) of this Act to any of the Channel Islands (with or without modifications).

90 Commencement U.K.

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) section 71;

(b) section 75;

(c) section 81;

(d) section 83;

(e) sections 85 to 89, this section and section 91;

(f) any power to make regulations under or by virtue of this Act.

(2) Sections 69, 72 and 74(1) and Part 1 of Schedule 3 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) Section 74(2) and Part 2 of Schedule 3 come into force in accordance with provision contained in regulations made by the Scottish Ministers.

(4) Sections 73 and 74(3) and Part 3 of Schedule 3 come into force in accordance with provision contained in an order made by the Department of Justice in Northern Ireland.

(5) Section 80 comes into force on 1 October 2021.

(6) The remaining provisions of this Act come into force in accordance with provision contained in regulations made by the Secretary of State.

(7) Regulations or an order under this section may make different provision for different purposes or in relation to different areas.

(8) Regulations under this section bringing any provision of Part 3 or section 76 into force only for a specified purpose or in relation to a specified area may—

(a) provide for that provision or section to be in force for that purpose or in relation to that area for a specified period;

(b) make transitional or saving provision relating to that provision or section ceasing to be in force at the end of the specified period.

(9) Regulations containing provision permitted by subsection (8)(a) may be amended by subsequent regulations under this section so as to continue any provision of Part 3 or section 76 in force for the specified purpose or in relation to the specified area for a further specified period.

(10) The power of the Department of Justice in Northern Ireland to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(11) Any provision which the Department of Justice in Northern Ireland could make by regulations under section 86 may be made by the Department by an order under this section.

91 Short title U.K.

This Act may be cited as the Domestic Abuse Act 2021.