Statutory Instruments
FAMILY LAW
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Family Law Act 1996(3) has been attached to a non-molestation order before 1st July 2007, unless the power of arrest no longer has effect.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
(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.
(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 |