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Paragraph 37

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 46 of that Act (undertakings) is amended as follows.

(2)

In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ”.

(3)

After that subsection insert—

“(3A)

The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that—

(a)

the respondent has used or threatened violence against the applicant or a relevant child; and

(b)

for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.”

(4)

In subsection (4), for “it were an order of the court” substitute “ the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking ”.