OpenLegislation

Domestic Abuse Act 2021 in Scotland

2021 c. 17 · Enacted 29 April 2021 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 80(5)(a)(ii)substitutedHealth and Care Act 2022 Sch. 3 para. 58
s. 56(4)(c)insertedVictims and Prisoners Act 2024 s. 20(4)
s. 87(6)(aa)insertedVictims and Prisoners Act 2024 s. 20(5)
s. 50 cross-headingwords substitutedVictims and Prisoners Act 2024 s. 20(3)
s. 44(3A)(3B)insertedCrime and Policing Act 2026 s. 142(4)
s. 35(5A)(5B)insertedCrime and Policing Act 2026 s. 142(2)
s. 36(2)-(7)omittedCrime and Policing Act 2026 s. 142(3)

An Act to make provision in relation to domestic abuse; to make provision for and in connection with the establishment of a Domestic Abuse Commissioner; to make provision for the granting of measures to assist individuals in certain circumstances to give evidence or otherwise participate in civil proceedings; to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to make further provision about orders under section 91(14) of the Children Act 1989; to provide for an offence of threatening to disclose private sexual photographs and films with intent to cause distress; to provide for an offence of strangulation or suffocation; to make provision about circumstances in which consent to the infliction of harm is not a defence in proceedings for certain violent offences; to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes.

[29th April 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 3Children as victims of domestic abuse
  2. Domestic Abuse Commissioner
  3. 4Appointment of Commissioner
  4. 5Funding
  5. 6Staff etc
  6. Functions of Commissioner
  7. 7General functions of Commissioner
  8. 8Reports
  9. 9Advice and assistance
  10. 10Incidental powers
  11. Framework document
  12. 11Framework document
  13. Advisory Board
  14. 12Advisory Board
  15. Strategic plans and annual reports
  16. 13Strategic plans
  17. 14Annual reports
  18. Duties of public authorities in relation to Commissioner
  19. 15Duty to co-operate with Commissioner
  20. 16Duty to respond to Commissioner's recommendations
  21. 17Duty to send conclusions of domestic homicide review to Commissioner
  22. Disclosure of information
  23. 18Disclosure of information
  24. Miscellaneous and supplementary
  25. 19Restriction on exercise of functions in individual cases
  26. 20Duty to report on domestic abuse services in England
  27. 21Amendments relating to Commissioner
  28. Part 3: Powers for dealing with domestic abuse
  29. 22Power to give a domestic abuse protection notice
  30. 23Provision that may be made by notices
  31. 24Matters to be considered before giving a notice
  32. 25Further requirements in relation to notices
  33. 26Breach of notice
  34. Domestic abuse protection orders
  35. 39Breach of order
  36. 40Arrest for breach of order
  37. 41Notification requirements
  38. 42Further provision about notification under section 41
  39. 43Offences relating to notification
  40. 44Variation and discharge of orders
  41. 45Variation and discharge: supplementary
  42. 46Appeals
  43. 47Further provision about appeals
  44. 48Nature of certain proceedings under this Part
  45. 49Special measures for witnesses
  46. Notifying schools etc if child is suspected victim of domestic abuse
  47. 49AArrangements to notify schools etc
  48. 49BPower to extend section 49A to childcare providers Not yet in force
  49. Notices and orders: supplementary
  50. 50Guidance
  51. 51Data from electronic monitoring: code of practice
  52. 52Powers to make other orders in proceedings under this Part
  53. 53Proceedings not to be subject to conditional fee agreements
  54. 54Consequential amendments of the Sentencing Code
  55. 55Repeal of provisions about domestic violence protection notices and orders Not yet in force
  56. 56Interpretation of Part 3
  57. 57Support provided by local authorities to victims of domestic abuse
  58. 58Domestic abuse local partnership boards
  59. 59Annual reports
  60. 60Guidance
  61. 61Interpretation of Part 4
  62. Special measures
  63. 62Special measures in criminal proceedings for offences involving domestic abuse
  64. 63Special measures in family proceedings: victims of domestic abuse
  65. 64Special measures in civil proceedings: victims of domestic abuse etc
  66. Prohibition of cross-examination in person
  67. 65Prohibition of cross-examination in person in family proceedings
  68. 66Prohibition of cross-examination in person in civil proceedings
  69. Orders under section 91(14) of the Children Act 1989
  70. 67Orders under section 91(14) of the Children Act 1989
  71. Controlling or coercive behaviour
  72. 68Controlling or coercive behaviour in an intimate or family relationship
  73. 69Threats to disclose private sexual photographs and films with intent to cause distress Repealed
  74. Offences against the person
  75. 70Strangulation or suffocation
  76. 71Consent to serious harm for sexual gratification not a defence
  77. Part 7: Miscellaneous and general
  78. 75Strategy for prosecution and management of offenders
  79. 77Guidance about the disclosure of information by police forces
  80. 79Grant of secure tenancies in cases of domestic abuse
  81. 80Prohibition on charging for the provision of medical evidence of domestic abuse
  82. Data processing for immigration purposes
  83. 81Review of processing of victims' personal data for immigration purposes
  84. 82Code of practice
  85. 83Report on the use of contact centres in England
  86. 84Power of Secretary of State to issue guidance about domestic abuse, etc
  87. Powers to make consequential or transitional provision, etc
  88. 85Power to make consequential amendments
  89. 86Power to make transitional or saving provision
  90. Final provisions
  91. 87Regulations
  92. 88Financial provision
  93. 89Extent
  94. 90Commencement
  95. 91Short title
  96. Introductory
  97. 1Paragraph 1
  98. Remand in custody or on bail
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. Remand for medical examination and report
  103. 5Paragraph 5
  104. Further remand
  105. 6Paragraph 6
  106. Postponement of taking of recognizance
  107. 7Paragraph 7
  108. Requirements imposed on remand on bail
  109. 8Paragraph 8
  110. Police and Criminal Evidence Act 1984
  111. 1Paragraph 1
  112. Housing Act 1985
  113. 2Paragraph 2
  114. Criminal Justice and Public Order Act 1994
  115. 3Paragraph 3
  116. Crime and Disorder Act 1998
  117. 4Paragraph 4
  118. Youth Justice and Criminal Evidence Act 1999
  119. 5Paragraph 5
  120. Sexual Offences Act 2003
  121. 6Paragraph 6
  122. Criminal Justice Act 2003
  123. 7Paragraph 7
  124. Domestic Violence, Crime and Victims Act 2004
  125. 8Paragraph 8
  126. Children Act 2004
  127. 9Paragraph 9
  128. Criminal Justice and Immigration Act 2008
  129. 10Paragraph 10
  130. Modern Slavery Act 2015
  131. 11Paragraph 11
  132. Sentencing Act 2020
  133. 12Paragraph 12
  134. Schedule 3: Amendments relating to offences committed outside the UK
  135. Protection from Harassment Act 1997
  136. 1Paragraph 1
  137. Sexual Offences Act 2003
  138. 2Paragraph 2
  139. Serious Crime Act 2015
  140. 3Paragraph 3
  141. Part 2: Scotland
  142. Criminal Procedure (Scotland) Act 1995
  143. 4Paragraph 4
  144. Sexual Offences (Scotland) Act 2009 (asp 9)
  145. 5Paragraph 5
  146. Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
  147. 6Paragraph 6
  148. Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))
  149. 7Paragraph 7
  150. Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))
  151. 8Paragraph 8