The Domestic Abuse Act 2021 (Commencement No. 7 and Saving Provisions) Regulations 2025
These regulations, effective March 5th, 2025, extend a pilot program for the Domestic Abuse Act 2021's Part 3 (domestic abuse protection orders and notices) to the non-metropolitan county of Cleveland in England and Wales.
The pilot runs until November 26th, 2025, with provisions ensuring ongoing legal effect for cases initiated before the end of specified period.
The regulations explicitly define terms like ‘domestic abuse protection notice’ (DAPN) and ‘domestic abuse protection order’ (DAPO), clarifying their application within the program's framework.
Arguments For
Improved Domestic Abuse Protection: The regulations expand the pilot program for domestic abuse protection orders (DAPOs) and notices (DAPNs), aiming to enhance protection for victims of domestic abuse.
Targeted Pilot Expansion: The geographical limitation of the pilot program to the non-metropolitan county of Cleveland allows for focused evaluation of its effectiveness and potential impact before wider implementation.
Data-Driven Policymaking: Concentrating the pilot enables collection of specific data to assess the effects of DAPOs and DAPNs in a defined area, informing future policy decisions.
Legal Consistency: The regulations maintain the legal framework and procedural mechanisms governing DAPOs and DAPNs within the limited pilot area to prevent unnecessary confusion.
Arguments Against
Limited Geographical Scope: The restriction of the pilot program to Cleveland might not offer a representative sample of domestic abuse cases across England and Wales, limiting the generalizability of results.
Potential Resource Constraints: Concentrating resources in a single region could strain local law enforcement and the judicial system, impacting service delivery in Cleveland itself.
Delayed Nationwide Implementation: The phased approach, while cautious, may delay widespread availability of DAPOs and DAPNs to victims who could benefit from them elsewhere.
Unforeseen Challenges: The pilot program might reveal unanticipated challenges and complexities related to implementation and enforcement that could not be foreseen prior to the limitations on the scope of the pilot program..
- Citation, 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.
This section establishes the title of the regulations and defines key terms.
It also specifies that the regulations only apply to England and Wales.
The term 'DAPN' is defined as 'domestic abuse protection notice', while 'DAPO' means 'domestic abuse protection order,' both as defined within the 2021 Domestic Abuse Act.
The regulations also define 'P' as the individual who receives a DAPN or against whom a DAPO is sought, and specifies a 'specified period' from March 5th to November 26th, 2025.
- Commencement 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.
This section sets the commencement date for Part 3 of the Domestic Abuse Act 2021, which deals with powers to address domestic abuse.
This section will come into force on March 5th, 2025, excluding Section 55 which repeals previous provisions related to domestic violence protection notices and orders, and will apply only for the specified period (March 5th to November 26th, 2025) and the region defined in regulation 3.
- Commencement of Part 3 in relation to specified area Part 3, including Schedule 1, comes into force only in the non-metropolitan county of Cleveland.
Part 3 of the Act, including Schedule 1, will only be in effect within the non-metropolitan county of Cleveland during the pilot period.
- Savings (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— [TABLE SHOWING STAGES IN PROCEEDINGS AND CORRESPONDING PURPOSES]
This section outlines "saving provisions" to ensure the ongoing legal validity of cases which started before the end of the pilot's 'specified period'.
If a DAPN has been issued, an application for a DAPO made, or legal proceedings are in progress, Part 3 of the Act continues to apply in Cleveland after November 26th, 2025, for specific purposes detailed in a table in paragraph (2) (which demonstrates the stages of process and the actions that can continue after the pilot's end.