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

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Statutory Instruments

2007 No. 1845 (C. 69)

FAMILY LAW

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

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 2004(1):

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 1996(2)) 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Family Law Act 1996(3) has been attached to a non-molestation order before 1st July 2007, unless the power of arrest no longer has effect.

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 2 to 35th December 20052005/3196
Sections 5 to 821st March 20052005/579
Section 10(2)1st July 20052005/1705
Section 1131st March 20052005/579
Section 141st April 20072007/602
Sections 17 to 218th January 20072006/3423
Sections 22 to 2631st March 20052005/579
Section 2718th July 20052005/1821
Sections 28 to 2931st March 20052005/579
Section 308th January 20072006/3423
Section 3131st March 20052005/579
Sections 32 to 3418th October 20052005/2848
Sections 35 to 451st July 20052005/1705
Section 4718th October 20052005/2848
Section 54 (in part)18th October 20052005/2848
Section 554th October 20062006/2662
Section 568th January 20072006/3423
Section 58 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
(in part)8th January 20072006/3423
(in part)1st April 20072007/602
Section 59 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
(in part)1st April 20072007/602
Schedule 18th January 20072006/3423
Schedule 231st March 20052005/579
Schedule 331st March 20052005/579
Schedule 418th July 20052005/1821
Schedule 531st March 20052005/579
Schedule 631st March 20052005/579
Schedule 718th October 20052005/2848
Schedule 10 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
(in part)5th December 20052005/3196
(in part)8th January 20072006/3423
(in part)1st April 20072007/602
Schedule 11 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
(in part)5th December2005/3196
Schedule 12 (in part)21st March 20052005/579
(in part)31st March 20052005/579
(in part)1st July 20052005/1705
(in part)1st April 20072007/602

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