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The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010

S.I. 2010/129 · Made 25 January 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, England And Wales

Made 25th January 2010

The Secretary of State makes the following Order in exercise of the powers conferred by section 60 of the Domestic Violence, Crime and Victims Act 2004f1:

Annotations to the whole text

Footnotes

f1

2004 c. 28.

Contents

  1. 1Citation
  2. 2Commencement
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010.

2Commencement

The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st February 2010—

(a)

section 48 (Commissioner for Victims and Witnesses), section 49 (general functions of Commissioner) and section 50 (advice)f1;

(b)

section 51 (restrictions on exercise of functions);

(c)

section 52 (“victims” and “witnesses”);

(d)

section 53 and Schedule 9 (authorities within Commissioner’s remit)f2; and

(e)

section 54 (disclosure of information), so far as it is not already in forcef3.

Signature

Signed by the authority of the Secretary of State

Claire M Ward

Parliamentary Under Secretary of State

Ministry of Justice

25th January 2010

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st February 2010 sections 48 to 53 and the remaining provisions of section 54 of the Domestic Violence, Crime and Victims Act 2004 (c. 28), and Schedule 9 to that Act.

Those provisions require the Secretary of State to appoint a Commissioner for Victims and Witnesses, provide for the functions of the Commissioner, and make related provision. Some of those provisions were amended by section 142 of the Coroners and Justice Act 2009 (c. 25) immediately before their coming into force by virtue of this Order.

The functions of the Commissioner include: promoting the interests of victims and witnesses; taking such steps as the Commissioner considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses; giving advice in certain circumstances and keeping under review the operation of the code of practice for victims issued by the Secretary of State under section 32 of the 2004 Act.