2005 No. 3196 (C.137)

FAMILY LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 5) Order 2005

Made

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 20041:

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 19962.

Signed by authority of the Lord Chancellor

Cathy AshtonParliamentary Under Secretary of State,Department for Constitutional Affairs

(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