The Domestic Abuse Act 2021 (Commencement No. 9 and Saving Provisions) Regulations 2025
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Change 1
3 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 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. (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. (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 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— (a) during the period beginning with 27th November 2024 and ending with 24th November 2026, 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— the specified areas; the areas specified in regulation 3(1) of the No. 6 Regulations; the areas specified in regulation 3 of the No. 8 Regulations. (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.
3 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 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. (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. (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 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— (a) during the period beginning with 27th November 2024 and ending with 24th November 2026, 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— the specified areas; the areas specified in regulation 3(1) of the No. 6 Regulations; the areas specified in regulation 3 of the No. 8 Regulations. (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.
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