2023 No. 406 (C. 23)

Domestic Abuse

The Domestic Abuse Act 2021 (Commencement No. 1) Regulations 2023

Made

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1)(b) and 90(6) of the Domestic Abuse Act 20211.

Citation, interpretation and extent1

1

These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 1) Regulations 2023.

2

In these Regulations “the Act” means the Domestic Abuse Act 2021.

3

This regulation and regulation 2(c) extend to England and Wales, Scotland and Northern Ireland.

4

Regulations 2(a), 2(b) and 3 extend to England and Wales.

Commencement of provisions on 5th April 20232

The following provisions of the Act come into force on 5th April 2023—

a

section 68 (controlling or coercive behaviour in an intimate or family relationship);

b

section 77 (guidance about the disclosure of information by police forces);

c

section 82 (code of practice).

Transitional Provision3

The amendments made by section 68 of the Act apply only in relation to controlling or coercive behaviour, as defined in section 76 of the Serious Crime Act 20152, that occurs on or after 5th April 2023.

Sarah DinesParliamentary Under Secretary of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force sections 68, 77 and 82 of the Domestic Abuse Act 2021 (c. 17) (“the Act”) on 5th April 2023.

Regulation 2 brings into force section 68 of the Act, which amends the definition of “personally connected” in section 76 of the Serious Crime Act 2015 (c. 9). It also brings into force section 77 of the Act, which requires the Secretary of State to issue statutory guidance to the police about the disclosure of police information by police forces for the purposes of preventing domestic abuse, and section 82 of the Act, which enables the Secretary of State to issue a code of practice relating to the processing of domestic abuse data for immigration purposes.

Regulation 3 ensures that the amendments made by section 68 of the Act only apply to controlling or coercive behaviour that occurs on or after 5th April 2023.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen independent of the provisions these Regulations bring into force. An impact assessment has been published in relation to the effect of the Act and copies can be obtained from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ, or from this website: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1007463/DA_Act_2021_Impact_Assessment.pdf

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Domestic Abuse Act 2021 have been brought into force by commencement regulations before the date of these Regulations.

Provision

Date of Commencement

S.I. No.

Section 1 (partially)

5th July 2021

2021/797

Section 1 (remainder)

1st October 2021

2021/1038

Section 2 (partially)

5th July 2021

2021/797

Section 2 (remainder)

1st October 2021

2021/1038

Section 3 (partially)

1st October 2021

2021/1038

Section 3 (partially)

1st November 2021

2021/1038

Section 3 (remainder)

31st January 2022

2022/73

Part 2

1st November 2021

2021/1038

Part 4

1st October 2021

2021/1038

Section 62 (partially)

19th May 2022

2022/553

Section 63

1st October 2021

2021/1038

Section 64

14th June 2022

2022/553

Section 65

21st July 2022

2022/840

Section 66

21st July 2022

2022/840

Section 67

19th May 2022

2022/553

Section 70

7th June 2022

2022/553

Section 73

21st February 2022

N.I.S.R. 2022/52

Section 74(2)

29th June 2021

S.S.I. 2021/239

Section 74(3)

21st February 2022

N.I.S.R. 2022/52

Section 76 (partially)

5th July 2021

2021/797

Section 78

5th July 2021

2021/797

Section 79

1st November 2021

2021/1038

Section 84

1st November 2021

2021/1038

Schedule 2

7th June 2022

2022/553

Part 2 of Schedule 3

29th June 2021

S.S.I. 2021/239

Part 3 of Schedule 3

21st February 2022

N.I.S.R. 2022/52