The Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025
These regulations, effective April 28th, 2025, initiate a pilot program in six specified areas of North Wales for a limited period, implementing Part 3 of the Domestic Abuse Act 2021.
This includes rolling out new domestic abuse protection notices and orders, aiming to bolster protection for victims.
The program also rectifies inconsistencies in prior commencement regulations.
The initiative's impact will be carefully assessed for informing further national implementation.
Arguments For
Intended Benefit: Implementing a pilot program to test and improve the effectiveness of new domestic abuse protection measures, which seeks to better protect victims and hold abusers accountable.
Evidence Cited: The regulations are based on the Domestic Abuse Act 2021, aiming to address gaps in existing domestic violence legislation. Data on the effectiveness of the pilot will inform future policy decisions.
Implementation Methods: A limited geographical and time-bound implementation in specified areas allows for careful monitoring and evaluation, minimizing potential disruptive impacts.
Legal/Historical Basis: The regulations derive their power from sections 86(1) and 90(6), (7) and (8) of the Domestic Abuse Act 2021, reflecting a legislative mandate to implement these provisions.
Arguments Against
Potential Impacts: The limited pilot may not accurately reflect the nationwide impact, limiting the generalizability of results and thus potential policy changes.
Implementation Challenges: Limited resources and staff training might hinder effective implementation during the pilot phase. Moreover, focusing on specific geographic areas might create uneven access to protection measures.
Alternative Approaches: Alternative approaches to implementing the new domestic abuse provisions nationwide without a pilot could be considered to ensure uniform and simultaneous access.
Unintended Effects: The pilot might inadvertently strain local resources, create confusion on the ground, or potentially cause unintended negative impacts in selected trial areas.
- Citation, extent and interpretation (1) These Regulations may be cited as the Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025. (2) These Regulations extend to England and Wales. (3) In these Regulations— (a) “the Act” means the Domestic Abuse Act 2021; (b) a reference to a section, Part or Schedule by number alone means the section, Part or Schedule so numbered in the Act; (c) “the No. 6 Regulations” means the Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024; (d) “the No. 8 Regulations” means the Domestic Abuse Act 2021 (Commencement No. 8 and Saving Provisions) Regulations 2025; (e) “specified areas” means the counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham; (f) “specified period” means the period beginning with 28th April 2025 and ending with 26th November 2025.
This section details the title, geographical scope, and key definitions used within the regulations.
It formally names the regulations and confirms that they apply only to England and Wales.
It provides definitions for the Act (the Domestic Abuse Act 2021), numbered sections, and earlier regulations (No. 6 and No. 8), along with definitions for the specific areas and time period of the pilot program.
- Commencement of Part 3 In so far as 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 28th April 2025 for the specified period in relation to the specified areas.
This section outlines the commencement date and scope of Part 3 of the Domestic Abuse Act 2021.
Part 3, excluding the repeal of older notices and orders, takes effect in specified areas of North Wales from April 28th, 2025, to November 26th, 2025.
- Savings (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 a DAPO has been made and is yet to be determined, (d) proceedings, as specified in section 31, have been issued and are yet to be concluded, or (e) a DAPO is in effect, Part 3, except section 55 and the provisions of the Act specified in regulation 3(2) of the No. 6 Regulations, continues to have effect in the relevant areas for the purposes set out in the second column of the table in paragraph (2). (2) The table referred to in paragraph (1) is— [Table showing stages in proceedings and purpose] (3) The provisions of the Act specified in regulation 3(2) of the No. 6 Regulations continue to have effect in England and Wales after the specified period in relation to a DAPN or DAPO given or made under Part 3— (a) during the period beginning with 27th November 2024 and ending with 26th November 2025, or (b) as it continues to have effect in accordance with the savings provided for in paragraphs (1) and (2). (4) In this regulation— “DAPN” means a domestic abuse protection notice within the meaning of section 22; “DAPO” means a domestic abuse protection order within the meaning of section 27; “relevant areas” means— (a) the specified areas; (b) the areas specified in regulation 3(1) of the No. 6 Regulations; (c) the areas specified in regulation 3 of the No. 8 Regulations.
This section addresses the transition and continuity of cases already underway before the pilot period ends.
It ensures that ongoing domestic abuse protection notices (DAPNs) and orders (DAPOs) remain valid and enforceable after the pilot program concludes, clarifying their continued application and legal status throughout and after the pilot's timeframe.
Section 3(4) provides several supporting definitions for DAPN, DAPO, and relevant areas, ensuring clarity on previously given and made provisions.
- Omission of savings provision in the No. 6 Regulations and the No. 8 Regulations (1) In the No. 6 Regulations, omit regulation 4 (savings). (2) In the No. 8 Regulations, omit regulation 4 (savings).
This section removes redundant savings provisions from two prior regulations (No. 6 and No. 8), cleaning up previous legislation regarding the same subject to streamline and avoid confusion, ensuring consistency in legal procedures.