The Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025
These Regulations amend three previous Statutory Instruments to postpone the end date of the pilot commencement of Part 3 of the Domestic Abuse Act 2021—which covers Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs)—from November 2025 to March 31, 2026, for specified areas in England and Wales.
Furthermore, the regulations revise the 'saving provisions' within the commencement instrument for Part 3 to detail precisely how ongoing legal proceedings related to DAPNs and DAPOs (including applications, appeals, and enforcement) will be handled after the pilot period ends, ensuring continuous protection measures are in place.
Arguments For
Extends the pilot period for Part 3 of the Domestic Abuse Act 2021 (relating to Domestic Abuse Protection Notices and Orders) past November 2025 to March 31, 2026, allowing ongoing evaluation and smoother transition for designated areas in England and Wales.
Clarifies and strengthens the 'saving provisions' for cases already in progress (applications, appeals, enforcement of DAPOs) when the pilot period ends, ensuring continuity of protection for vulnerable individuals.
Addresses specific legislative defects identified by the Joint Committee on Statutory Instruments, improving the technical drafting of the existing saving provisions.
Arguments Against
Delays the full national commencement of Part 3 of the 2021 Act, potentially postponing the uniform application of these protective measures across all of England and Wales.
Continuing a piloted scheme for an extended, specific period (until March 2026) might suggest ongoing uncertainty or difficulty in finalizing legislative preparations for a full rollout.
The amendment involves significant changes to existing commencement and saving regulations, potentially causing administrative complexity or confusion regarding transitional arrangements if not clearly communicated to the justice and policing sectors.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 86(1) and 90(6), (7), (8) and (9) of the Domestic Abuse Act 2021.
The Secretary of State created these Regulations using powers granted by Sections 86 and 90 of the Domestic Abuse Act 2021 (a 2021 Act of Parliament).
These specific powers allow the Secretary of State to set commencement dates and make transitional rules concerning parts of that Act.
Citation, commencement and extent
1.
(1)These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2025.
(2)These Regulations come into force on the day after the day on which they are made.
(3)These Regulations extend to England and Wales.
This section provides the formal title of the amendment regulations and specifies when they become effective: the day following their official creation.
The regulations apply only to the jurisdictions of England and Wales.
They formally amend previous commencement instruments related to the 2021 Act.
Amendment to the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024
2.
In regulation 1(2)(g) of the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024, for “26 November 2025” substitute “31 March 2026”.
This rule amends a previous regulation (the No. 6 Regulations of 2024) which brought certain parts of the Domestic Abuse Act into force on a limited basis.
It changes the expiry date within those regulations from November 26, 2025, to March 31, 2026, effectively extending the pilot period mentioned in the original commencement order.
Amendment to the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025
3.
In regulation 1(2)(f) of the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025, for “26th November 2025” substitute “31st March 2026”.
This applies the same extension mechanism to another set of Commencement Regulations (the No. 8 Regulations of 2025).
The specific date relevant to the commencement specified in those regulations is moved from November 26, 2025, to March 31, 2026.
Amendments to the Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025
(1)The Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025 are amended as follows.
(2)In regulation 1(3)(f), for “26th November 2025” substitute “31st March 2026”.
(3)For regulation 3(1), substitute—
“(1)Where immediately before the end of the specified period—
(a)a DAPN is in effect,
(b)an application for leave to apply for a DAPO has been made and is yet to be determined,
(c)an application for leave to apply for a DAPO has been granted, but an application for a DAPO is yet to be made,
(d)an application for a DAPO has been made and is yet to be determined,
(e)proceedings, as specified in section 31, have been issued and are yet to be concluded,
(f)a DAPO is in effect,
(g)an application for permission to appeal a decision of a court, on an application for a DAPO or in relation to a DAPO, has been made and is yet to be finally determined,
(h)an appeal has been made against a decision of a court, on an application for a DAPO or in relation to a DAPO, and is yet to be finally determined,
(i)following an appeal on an application for a DAPO or in relation to a DAPO, the matter has been referred back to the court with a direction to reconsider and make a new decision, and those proceedings are yet to be determined, or
(j)an application for a DAPO, or for leave to apply for a DAPO, has been refused, the refusal is not yet subject to appeal, but the time period for taking one of the steps in sub-paragraph (g) or (h) has not yet elapsed,
Part 3, except section 55, continues to have effect in the relevant areas for such of the purposes set out in paragraph (2) as may be relevant.”.
(4)For regulation 3(2), substitute—
“(2)The purposes referred to in paragraph (1) are—
(a)the enforcement of a DAPN,
(b)an application for leave to apply for a DAPO,
(c)an application for a DAPO,
(d)the making of a DAPO,
(e)the enforcement of a DAPO,
(f)the variation of a DAPO,
(g)the discharge of a DAPO,
(h)an application for permission to appeal a decision of a court, on an application for a DAPO or in relation to a DAPO, and
(i)an appeal against a decision of a court, on an application for a DAPO or in relation to a DAPO.”.
(5)In regulation 3(3)—
(a)in the opening words, for the words from “in relation” to “Part 3”, substitute “in respect of a DAPN or DAPO given or made, or any other decision of a court made on an application for or in relation to a DAPO, under Part 3”; and
(b)in sub-paragraph (a), for “26th November 2025” substitute “31st March 2026”.
(6)After regulation 3(4), insert—
“(5)In paragraphs (1)(g) and (h), an application for permission to appeal or an appeal is finally determined if it is decided and all routes of further appeal have been exhausted.”.
This is the most substantial section, amending the No. 9 Regulations, which likely relate to a specific phase of the pilot commencing Part 3 of the Act.
Subsections (2) extends the end date within these regulations from November 26, 2025, to March 31, 2026 (Subsection (2)).
Subsections (3) entirely replaces Regulation 3(1), establishing extensive 'saving provisions.' This means that if the pilot period ends while specific legal actions related to Domestic Abuse Protection Notices (DAPNs) or Domestic Abuse Protection Orders (DAPOs) are ongoing—such as applications, appeals, or variation requests—Part 3 of the Act continues to apply for those specific cases until they are resolved (Subsections (3)(a) through (j)).
Subsection (4) replaces Regulation 3(2), clearly listing the purposes for which Part 3 continues to have effect under the saving provisions, covering everything from initial enforcement of a DAPN to appeal processes (Subsections (4)(a) through (i)).
Subsection (5) makes technical wording changes to Regulation 3(3), relating future court decisions to DAPNs or DAPOs under Part 3, and changing the relevant date within that sub-paragraph to March 31, 2026.
Subsection (6) inserts a new definition, clarifying that an appeal or application for permission to appeal is considered 'finally determined' only once a decision has been made and all avenues for further appeal have been exhausted.
Signed by authority of the Secretary of State for Justice
Alex Davies-Jones Parliamentary Under Secretary of State Ministry of Justice 20th November 2025
This section confirms the formal authorization and signing details for the Regulations.
Alex Davies-Jones, acting as a Parliamentary Under Secretary of State for the Ministry of Justice, signed the instrument on November 20, 2025, confirming its enactment under the authority of the Secretary of State.