Domestic Violence, Crime and Victims Bill [HL]

House of Lords

Session 2003 - 04
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Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Authorities within Commissioner’s remit
21

(a)
lay a copy of the report before Parliament;
(b)
arrange for the report to be published.
Disqualification Acts
10    (1)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (offices the holders of which are disqualified) at the appropriate
5
places insert—
“Commissioner for Victims and Witnesses.”
“Deputy Commissioner for Victims and Witnesses.”
      (2)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (offices the holders of which are disqualified) at the
10
appropriate places insert—
“Commissioner for Victims and Witnesses.”
“Deputy Commissioner for Victims and Witnesses.”
Meaning of “financial year”
11
In this Schedule “financial year” means—
15
(a)
the period beginning on the day on which section 17 comes into force
and ending on the next 31 March (which is the first financial year),
and
(b)
each subsequent period of 12 months beginning on 1 April.
Schedule 3
20
Section 22

Authorities within Commissioner’s remit
Government departments
1
The Department for Constitutional Affairs.
2
The Department for Education and Skills.
3
The Department of Health.
25
4
The Department of Trade and Industry.
5
The Department for Transport.
6
The Department for Work and Pensions.
7
The Foreign and Commonwealth Office.
8
The Home Office.
30
9
The Office of the Deputy Prime Minister.
Customs and Excise
10
The Commissioners of Customs and Excise.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 3 — Authorities within Commissioner’s remit
22

Police forces etc
11
A police force for a police area in England or Wales.
12
The Serious Fraud Office.
13
The force of constables appointed under section 53 of the British Transport
Commission Act 1949 (c. xxix).
5
Criminal injuries compensation
14
The Criminal Injuries Compensation Appeals Panel.
15
The Criminal Injuries Compensation Authority.
Health and safety
16
The Health and Safety Commission.
10
17
The Health and Safety Executive.
Legal services
18
The Legal Services Commission.
Court administration
19
Persons exercising functions relating to the carrying on of the business of a
15
court.
Criminal justice system
20
The Criminal Cases Review Commission.
21
The Crown Prosecution Service.
22
A local probation board established under section 4 of the Criminal Justice
20
and Court Services Act 2000 (c. 43).
23
The Parole Board.
24
The Prison Service.
25
The Youth Justice Board for England and Wales.
26
A youth offending team established under section 39 of the Crime and
25
Disorder Act 1998 (c. 37).
Maritime and coastguards
27
The Maritime and Coastguard Agency.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 4 — Minor and consequential amendments
23

Schedule 4
Section 26(1)

Minor and consequential amendments
Family Law Act 1996 (c. 27)
1     (1)
Section 36 of the Family Law Act 1996 (one cohabitant or former cohabitant
with no existing right to occupy) is amended as follows.
5
      (2)
In subsection (1)(c), for the words from “live together as” to the end
substitute “cohabit or a home in which they at any time cohabited or
intended to cohabit”.
      (3)
In subsection (6)(f), for “lived together as husband and wife” substitute
“cohabited”.
10
2
In section 38 of that Act (neither cohabitant or former cohabitant entitled to
occupy), in subsection (1)(a), for “live or lived together as husband and wife”
substitute “cohabit or cohabited”.
3     (1)
Section 42 of that Act (non-molestation orders) is amended as follows.
      (2)
After subsection (4) insert—
15
“(4A)
A court considering whether to make an occupation order shall also
consider whether to exercise the power conferred by subsection
(2)(b).
(4B)
In this Part “the applicant”, in relation to a non-molestation order,
includes (where the context permits) the person for whose benefit
20
such an order would be or is made in exercise of the power conferred
by subsection (2)(b).”
      (3)
In subsection (5)(a) omit the words from “or” to “made”.
4     (1)
Section 46 of that Act (undertakings) is amended as follows.
      (2)
In subsection (3), after “under subsection (1)” insert “instead of making an
25
occupation order”.
      (3)
After that subsection insert—
“(3A)
The court shall not accept an undertaking under subsection (1)
instead of making a non-molestation order in any case where it
appears to the court that—
30
(a)
the respondent has used or threatened violence against the
applicant or a relevant child; and
(b)
for the protection of the applicant or child it is necessary to
make a non-molestation order so that any breach may be
punishable under section 42A.”
35
5     (1)
Section 47 of that Act (arrest for breach of occupation order or non-
molestation order) is amended as follows.
      (2)
Omit subsection (1).
      (3)
In subsections (2) and (4), for “a relevant order” substitute “an occupation
order”.
40
      (4)
In subsections (3) and (5), for “the relevant order” substitute “the occupation
order”.

Domestic Violence, Crime and Victims Bill [HL]
Schedule 4 — Minor and consequential amendments
24

      (5)
In subsection (8), for the words up to the end of paragraph (b) substitute—

“If the court—
(a)
has made a non-molestation order, or
(b)
has made an occupation order but has not attached a power
of arrest under subsection (2) or (3) to any provision of the
5
order, or has attached that power only to certain provisions
of the order,”.
6
In section 49 of that Act (variation and discharge of orders), in subsection (4)
omit “or non-molestation order”.
7
In section 62 of that Act (definitions), in subsection (1)(b), for ““former
10
cohabitants” is to be read accordingly, but” substitute ““cohabit” and
“former cohabitants” are to be read accordingly, but the latter expression”.
8     (1)
In section 63 of that Act (interpretation of Part 4), subsection (1) is amended
as follows.
      (2)
At the beginning of the definition of “cohabitant” and “former cohabitant”
15
insert ““cohabit”,”.
      (3)
In the definition of “relative”, for “is living or has lived with another person
as husband and wife” substitute “is cohabiting or has cohabited with
another person”.
9     (1)
Schedule 7 to that Act (transfer of certain tenancies on divorce etc or on
20
separation of cohabitants) is amended as follows.
      (2)
In paragraph 3(2), for “to live together as husband and wife” substitute “to
cohabit”.
      (3)
In paragraph 4(b), for “lived together as husband and wife” substitute
“cohabited”.
25
Protection from Harassment Act 1997 (c. 40)
10    (1)
Section 5 of the Protection from Harassment Act 1997 (power to make
restraining order where defendant convicted of offence under section 2 or 4
of that Act) is amended as follows.
      (2)
In the heading, at the end insert “on conviction”.
30
      (3)
In subsection (2) omit “further”.
11
In section 7 of that Act (interpretation), in subsection (1), for “sections 1 to 5”
substitute “sections 1 to 5A”.
Crime and Disorder Act 1998 (c. 37)
12
In section 32 of the Crime and Disorder Act 1998 (racially or religiously
35
aggravated harassment etc) omit subsection (7) (which is superseded by
provision made by section 8(1) above).
Criminal Justice Act 2003 (c. 44)
13
In Schedule 15 to the Criminal Justice Act 2003 (specified offences for the
purposes of Chapter 5 of Part 12 of that Act), in Part 1 (specified violent
40

Domestic Violence, Crime and Victims Bill [HL]
Schedule 5 — Repeals
25

offences), after paragraph 63 insert—
“63A
An offence under section 4 of the Domestic Violence, Crime and
Victims Act 2004.”
Schedule 5
Section 26(2)

Repeals
5

Short title and chapter
Extent of repeal

Family Law Act 1996 (c. 27)
In section 42(5)(a), the words from “or” to

“made”.

Section 47(1).

In section 49(4), the words “or non-molestation

10

order”.

Protection from Harassment
In section 5, the words “under section 2 or 4” in

Act 1997 (c. 40)
subsection (1) and the word “further” in

subsection (2).

Crime and Disorder Act 1998
Section 32(7).

15

(c. 37)