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The Domestic Abuse Act 2021 (Commencement No. 7 and Saving Provisions) Regulations 2025

S.I. 2025/261 · Made 3 March 2025

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.

DOMESTIC ABUSE, ENGLAND AND WALES

Made 3rd March 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1) and 90(6), (7) and (8) of the Domestic Abuse Act 2021f1.

Annotations to the whole text

Footnotes

f1

2021 c. 17.

Contents

  1. 1Citation, interpretation and extent
  2. 2Commencement of Part 3
  3. 3Commencement of Part 3 in relation to specified area
  4. 4Savings
  5. Signature
  6. Explanatory note

1Citation, interpretation and extent

(1)

These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 7 and Saving Provisions) Regulations 2025.

(2)

In these Regulations—

(a)

a reference to a section, Part or Schedule by number alone means the section, Part or Schedule so numbered in the Domestic Abuse Act 2021;

(b)

a reference to a DAPO includes—

(i)

an application for a DAPO or the making of a DAPO, and

(ii)

an application for variation or discharge of a DAPO or the variation or discharge of a DAPO;

(c)

“DAPN” means a domestic abuse protection notice within the meaning of section 22;

(d)

“DAPO” means a domestic abuse protection order within the meaning of section 27;

(e)

“P” means—

(i)

the person to whom a DAPN is to be given or has been given, or

(ii)

the person against whom a DAPO is sought or has been made;

(f)

“specified period” means the period beginning with 5th March 2025 and ending with 26th November 2025.

(3)

These Regulations extend to England and Wales only.

2Commencement of Part 3

In so far as it is not already in force, Part 3 (powers for dealing with domestic abuse), except section 55 (repeal of provisions about domestic violence protection notices and orders), comes into force on 5th March 2025 for the specified period in relation to the area specified in regulation 3.

3Commencement of Part 3 in relation to specified area

Part 3, including Schedule 1, comes into force only in the non-metropolitan county of Cleveland.

4Savings

(1)

Where immediately before the end of the specified period—

(a)

a DAPN has been given to P,

(b)

an application for leave to apply for a DAPO has been made,

(c)

an application for a DAPO has been made,

(d)

proceedings, as specified in section 31, have been issued, or

(e)

the court has made a DAPO,

the provisions of Part 3 will continue to have effect in the area specified in regulation 3 for the purposes set out in the second column of the table in paragraph (2).

(2)

The table referred to in paragraph (1) is—

Stage in ProceedingsPurpose
DAPN given to PApplication for DAPO may be made
Application for leave madeCourt may grant leave and application for DAPO may be made
Application for DAPO madeDAPO may be made by the court
Proceedings specified under section 31 issuedDAPO may be made by the court on application or of its own initiative
DAPO made by the courtDAPO may be varied or discharged by the court, enforced on breach or appealed

Signature

Alex Davies-Jones

Parliamentary Under Secretary of State

Ministry of Justice

3rd March 2025

Explanatory note

(This note is not part of the Regulations)

These Regulations are the seventh commencement regulations made under the Domestic Abuse Act 2021 (“the Act”) that extend only to England and Wales. They bring into force Part 3 of the Act (which establishes a new domestic abuse protection notice and domestic abuse protection order), in so far as not already in force, on a piloted basis on 5th March 2025. Regulation 2 brings into force Part 3 of the Act, except section 55 (which repeals domestic violence protection notices and domestic violence protection orders). Regulation 3 extends the existing pilot (as specified in SI 2024/1191) to an additional pilot area of Cleveland. Regulation 4 provides for the provisions of Part 3 to continue to have effect after the end of the pilot for the purposes specified in the second column of the table set out in paragraph (2) of that regulation.

An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen arising from the provisions these Regulations bring into force. An impact assessment has been published in relation to the Act which does consider the impact of DAPOs 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