(1)The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, prepare and publish a document setting out a strategy for—
(a)detecting, investigating and prosecuting offences involving domestic abuse,
(b)assessing and managing the risks posed by individuals who commit offences involving domestic abuse, including (among others) risks associated with stalking, and
(c)reducing the risk that such individuals commit further offences involving domestic abuse.
(2)The Secretary of State—
(a)must keep the strategy under review;
(b)may revise it.
(3)If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.
(4)In preparing or revising a strategy under this section, the Secretary of State must consult—
(a)the Domestic Abuse Commissioner, and
(b)such other persons as the Secretary of State considers appropriate.
(5)Subsection (4) does not apply in relation to any revisions of the strategy if the Secretary of State considers the proposed revisions of the strategy are insubstantial.
(6)In this section, the reference to “risks associated with stalking” is to be read in accordance with section 1(4) of the Stalking Protection Act 2019.
(1)In Part 3 of the Offender Management Act 2007 (other provisions about the management of offenders), section 28 (application of polygraph condition) is amended as follows.
(2)In subsection (2), for “a relevant sexual offence” substitute “an offence within subsection (3A)”.
(3)In subsection (3)(a), for “for a term of twelve months or more” substitute “that is not for a term of less than twelve months”.
(4)After subsection (3) insert—
“(3A)An offence is within this subsection if it is—
(a)a relevant offence involving domestic abuse (see subsections (3B) and (3C)), or
(b)a relevant sexual offence (see subsection (4)).
(3B)In this section “relevant offence involving domestic abuse” means—
(a)an offence listed in subsection (3C) which involved behaviour by the offender amounting to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act);
(b)an offence under section 39 of that Act (breach of domestic abuse protection order).
(3C)The offences are—
(a)murder;
(b)an offence under section 5 of the Protection from Harassment Act 1997 (breach of a restraining order);
(c)an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences);
(d)an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).”
(1)The Secretary of State must issue guidance to chief officers of police about the disclosure of police information by police forces for the purposes of preventing domestic abuse.
“Police information” means information held by a police force.
(2)Each chief officer of police of a police force must have regard to any guidance issued under this section.
(3)The Secretary of State may from time to time revise any guidance issued under this section.
(4)Before issuing or revising guidance under this section, the Secretary of State must consult—
(a)the Domestic Abuse Commissioner,
(b)the National Police Chiefs’ Council, and
(c)such other persons as the Secretary of State considers appropriate.
(5)Subsection (4) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(6)The Secretary of State must publish—
(a)any guidance issued under this section, and
(b)any revisions of that guidance.
(7)In this section—
“chief officer of police” means—
in relation to the British Transport Police Force, the Chief Constable of that Force;
in relation to any other police force, the chief officer of police of that force;
“police force” means—
a police force maintained by a local policing body, or
the British Transport Police Force.
(1)Part 7 of the Housing Act 1996 (homelessness: England) is amended as follows.
(2)In section 177 (whether it is reasonable to continue to occupy accommodation)—
(a)in subsection (1), for “domestic violence or other violence” substitute “violence or domestic abuse”;
(b)for subsection (1A) substitute—
“(1A)For this purpose—
(a)“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
(b)“violence” means—
(i)violence from another person; or
(ii)threats of violence from another person which are likely to be carried out.”
(3)Omit section 178 (meaning of associated person).
(4)In section 179 (duty of local housing authority in England to provide advisory services), in subsection (5)—
(a)for the definition of “domestic abuse” substitute—
““domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;”;
(b)omit the definition of “financial abuse”.
(5)In section 189 (priority need for accommodation)—
(a)in subsection (1), after paragraph (d) insert—
“(e)a person who is homeless as a result of that person being a victim of domestic abuse.”;
(b)after subsection (4) insert—
“(5)In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.”
(6)In section 198 (referral of case to another local housing authority)—
(a)in subsection (2), in paragraph (c), for “domestic violence” substitute “domestic abuse”;
(b)in subsection (2ZA), in paragraph (b), for “domestic violence” substitute “domestic abuse”;
(c)in subsection (2A), in paragraph (a), for “domestic violence” substitute “violence that is domestic abuse”;
(d)for subsection (3) substitute—
“(3)For the purposes of subsections (2), (2ZA) and (2A)—
(a)“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
(b)“violence” means—
(i)violence from another person; or
(ii)threats of violence from another person which are likely to be carried out.”
(7)In section 218 (index of defined expressions: Part 7), in the table, omit the entry relating to section 178.
(8)In article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051) (vulnerability: fleeing violence or threats of violence)—
(a)the existing text becomes paragraph (1);
(b)after that paragraph insert—
“(2)For the purposes of this article—
(a)“violence” does not include violence that is domestic abuse;
(b)“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.”
(9)In consequence of the repeal made by subsection (3), omit the following provisions—
(a)in Schedule 8 to the Civil Partnership Act 2004, paragraph 61;
(b)in Schedule 3 to the Adoption and Children Act 2002, paragraphs 89 to 92.
(1)Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.
(2)After section 81 insert—
(1)This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.
(2)The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
(a)the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and
(b)the authority is satisfied that—
(i)the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
(ii)the new tenancy is granted for reasons connected with that abuse.
(3)The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
(a)the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and
(b)the authority is satisfied that—
(i)the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
(ii)the new tenancy is granted for reasons connected with that abuse.
(4)In this section—
“abuse” means—
physical or sexual abuse;
violent or threatening behaviour;
controlling or coercive behaviour;
economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);
psychological, emotional or other abuse;
“domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);
“qualifying tenancy” means a tenancy of a dwelling-house in England which is—
a secure tenancy other than a flexible tenancy, or
an assured tenancy—
which is not an assured shorthold tenancy, and
which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity.
(5)For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).”
(3)In section 81B (cases where old-style English secure tenancies may be granted)—
(a)in subsection (2C)—
(i)for the definition of “abuse” substitute—
““abuse” means—
physical or sexual abuse;
violent or threatening behaviour;
controlling or coercive behaviour;
economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);
psychological, emotional or other abuse;”;
(ii)for the definition of “domestic abuse” substitute—
““domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);”;
(b)after subsection (2C) insert—
“(2D)For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).”
(1)No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an assessment of an individual carried out by a relevant health professional in England or Wales under a qualifying medical services contract.
(2)No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an individual by a relevant health professional in England or Wales if the services provided by the relevant health professional are wholly or mainly services provided under a qualifying medical services contract.
(3)In this section “relevant evidence”, in relation to an individual, means—
(a)evidence that the individual is, or is at risk of being, a victim of domestic abuse which is intended to support an application by the individual for civil legal services, or
(b)any other evidence that the individual is, or is at risk of being, a victim of domestic abuse which is of a description specified in regulations made by the Secretary of State.
(4)In this section “relevant health professional” means—
(a)a medical practitioner licensed to practise by the General Medical Council;
(b)a health professional registered to practise in the United Kingdom by the Nursing and Midwifery Council;
(c)a paramedic registered to practise in the United Kingdom by the Health and Care Professions Council.
(5)In this section “qualifying medical services contract” means—
(a)in relation to England—
(i)a general medical services contract made under section 84(2) of the National Health Service Act 2006;
(ii)any contractual arrangements made under section 83(2) of that Act;
(iii)an agreement made under section 92 of that Act;
(b)in relation to Wales—
(i)a general medical services contract made under section 42(2) of the National Health Service (Wales) Act 2006;
(ii)any contractual arrangements made under section 41(2)(b) of that Act;
(iii)an agreement made under section 50 of that Act.
(6)The appropriate national authority may by regulations amend the definition of—
(a)“relevant health professional”;
(b)“qualifying medical services contract”.
(7)In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“assessment” includes a consultation, whether in person or otherwise;
“civil legal services” has the meaning given by section 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(8)Subsections (1) and (2) do not apply in relation to anything done by a relevant health professional before the coming into force of this section.
(1)The Secretary of State must, before the end of the relevant period—
(a)review the processing of domestic abuse data carried out by specified public authorities for immigration purposes,
(b)prepare and publish a report setting out the findings of the review, and
(c)lay a copy of the report before Parliament.
(2)In carrying out the review, the Secretary of State must have regard to the recommendations of the HMIC Report.
(3)In subsection (1), the “relevant period” means the period beginning with the day on which this section comes into force and ending with 30 June 2021 (but see subsection (4)).
(4)The Secretary of State may by regulations extend the relevant period by a further period of up to 6 months.
(5)The power conferred by subsection (4) may be exercised only once.
(6)In this section—
“domestic abuse data” means personal data obtained for the purposes of, or in connection with, the provision of support in relation to domestic abuse to victims of domestic abuse or their children;
“the HMIC Report” means the report on Liberty and Southall Black Sisters’ super-complaint on policing and immigration status published by Her Majesty’s Chief Inspector of Constabulary on 17 December 2020;
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“immigration purposes” means the purposes of—
the maintenance of effective immigration control, or
the investigation or detection of activities that would undermine the maintenance of effective immigration control;
“personal data” has the meaning given by section 3(2) of the Data Protection Act 2018;
“processing” has the meaning given by section 3(4) of that Act;
“specified public authority” means—
a chief officer of police of a police force maintained for a police area in England and Wales;
the chief constable of the Police Service of Scotland;
the Chief Constable of the Police Service of Northern Ireland;
the Chief Constable of the British Transport Police Force;
the Chief Constable of the Ministry of Defence Police;
an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum.
(1)The Secretary of State may issue a code of practice relating to the processing of domestic abuse data for immigration purposes.
(2)A code of practice issued under this section—
(a)must be kept under review;
(b)may be revised or replaced.
(3)A person to whom a code of practice issued under this section applies must have regard to it in processing domestic abuse data for immigration purposes.
(4)In preparing, revising or replacing a code, the Secretary of State must consult—
(a)the Domestic Abuse Commissioner,
(b)the Information Commissioner, and
(c)such other persons as the Secretary of State considers appropriate.
(5)Before issuing a code (or a revised code) under this section, the Secretary of State must lay the code before Parliament.
(6)If, within the 40-day period, either House of Parliament resolves not to approve the code—
(a)the code is not to be issued, and
(b)the Secretary of State may prepare another code.
(7)If no such resolution is passed within the 40-day period, the Secretary of State may issue the code.
(8)In this section, the “40-day period” is the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
(9)In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(10)In this section—
“domestic abuse data” has the same meaning as in section 81;
“immigration purposes” has the same meaning as in section 81;
“personal data” has the meaning given by section 3(2) of the Data Protection Act 2018;
“processing” has the meaning given by section 3(4) of that Act.
(1)The Secretary of State must, before the end of the relevant period, prepare and publish a report about the extent to which individuals, when they are using contact centres in England, are protected from the risk of domestic abuse or, in the case of children, other harm.
(2)“The relevant period” means the period of 2 years beginning with the day on which this Act is passed.
(3)In this section “contact centre” means a place that is used for the facilitation of contact between a child and an individual with whom the child is not, or will not be, living (including the handover of the child to that individual).
(1)The Secretary of State may issue guidance about—
(a)the effect of any provision made by or under—
(i)Parts 1 to 5,
(ii)section 68 or 70,
(iii)section 72 or Part 1 of Schedule 3,
(iv)section 76, 77, 78 or 79, or
(v)section 80 so far as relating to England;
(b)other matters relating to domestic abuse—
(i)in England, and
(ii)so far as not relating to Welsh devolved matters, in Wales.
(2)The Secretary of State must, in particular, issue guidance under this section about—
(a)the effect of sections 1 and 2, including guidance as to particular kinds of behaviour that amount to domestic abuse;
(b)the effect of domestic abuse on children.
(3)Any guidance issued under this section must, so far as relevant, take account of the fact that the majority of victims of domestic abuse in England and Wales (excluding children treated as victims by virtue of section 3) are female.
(4)A person exercising public functions to whom guidance issued under this section relates must have regard to it in the exercise of those functions.
But nothing in this section permits the Secretary of State to issue guidance to a court or tribunal.
(5)The Secretary of State may from time to time revise any guidance issued under this section.
(6)Before issuing or revising guidance under this section, the Secretary of State must consult—
(a)the Domestic Abuse Commissioner,
(b)the Welsh Ministers, so far as the guidance relates to a devolved Welsh authority, and
(c)such other persons as the Secretary of State considers appropriate.
(7)In subsection (6)(b) “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006.
(8)Subsection (6) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.
(9)The Secretary of State must publish—
(a)any guidance issued under this section, and
(b)any revisions of that guidance.
(10)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.
(1)The Secretary of State may by regulations make provision that is consequential on any provision made by or under—
(a)Parts 1 to 5,
(b)section 68, 69, 70 or 71,
(c)section 72 or Part 1 of Schedule 3, or
(d)section 76, 77, 78, 79, 81 or 82.
(2)The appropriate national authority may by regulations make provision that is consequential on any provision made by or under section 80.
(3)In subsection (2) “the appropriate national authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers.
(4)The power of the Secretary of State to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before, or in the same session of Parliament as, this Act.
(5)The power of the Welsh Ministers to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed or made before, or in the same session of Parliament as, this Act.
(6)In subsection (5) “primary legislation” means—
(a)an Act of Parliament;
(b)a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru.
(1)The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of—
(a)Parts 1 to 5,
(b)section 68, 69, 70 or 71,
(c)section 72 or 74(1) or Part 1 of Schedule 3, or
(d)any of sections 75 to 79 or 81 to 84.
(2)The appropriate national authority may by regulations make such transitional or saving provision as the authority considers appropriate in connection with the coming into force of section 80.
(3)In subsection (2) “the appropriate national authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers.
(4)The Department of Justice in Northern Ireland may by regulations make such transitional or saving provision as the Department considers appropriate in connection with the coming into force of any provision of section 73 or 74(3) or Part 3 of Schedule 3.
(5)Regulations under this section may (among other things) make any adaptations of provisions of this Act mentioned in subsection (1), (2) or (4) (as the case may be) brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.
(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.
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.
(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).
(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.
This Act may be cited as the Domestic Abuse Act 2021.