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The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 9 and Transitional Provisions) Order 2007

S.I. 2007/1845 · Made 24 June 2007

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.

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 2004f1:

Annotations to the whole text

Footnotes

f1

2004 c.28.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

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 1996f1) 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the Family Law Act 1996f1 has been attached to a non-molestation order before 1st July 2007, unless the power of arrest no longer has effect.

Signature

Signed by authority of the Secretary of State

Vera Baird

Parliamentary Under-Secretary of State

Ministry of Justice

24th June 2007

Explanatory note

(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.