Question reference: S6W-07364
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
- Date lodged: 16 March 2022
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Current status: Answered by Keith Brown on 23 March 2022
Question
To ask the Scottish Government when it plans to lay commencement regulations for the provisions of the Domestic Abuse (Scotland) Act 2021 that are not yet in force.
Answer
The Domestic Abuse (Protection) (Scotland) Act 2021 makes provision in two areas relating to protection for people at risk of domestic abuse.
Part 1 of the Act will provide additional protection for people who are at risk of domestic abuse by providing the police and courts with new powers to remove a suspected perpetrator of domestic abuse from the home of a person at risk through a scheme of domestic abuse protection notices and orders.
An implementation group including Police Scotland, the Scottish Courts and Tribunals Service, the Crown Office and Procurator Fiscal Service and Scottish Women's Aid is continuing to consider how to progress the necessary elements to allow for commencement of Part 1 of the Act.
The group is overseeing the development of training and operating procedures, legal aid issues, court rules and associated processes for courts’ consideration of applications for protective orders; including how input of views of relevant children can be provided to inform the court’s consideration of applications within the short timescales set by the Act, support for people for whose protection an order is made, any guidance that may be needed for those using the legislation and steps needed to monitor and evaluate the use of the legislation once in effect. It is also considering the impact on court programming of the new powers including the likely significant financial costs arising. Within this context the group is giving consideration to the timetable for when this Part of the Act can be commenced.
Part 2 of the Act makes it easier for a local authority or registered social landlord to transfer a tenancy to a victim of domestic abuse. This aspect of the Act is not directly linked to Part 1 of the Act. The steps necessary for implementation are being taken forward and include secondary legislation, changes to court procedures, forms and model tenancy agreements as well as working with stakeholders to develop statutory guidance. Commencement of the provisions and publication of the guidance on the social tenancy provisions is scheduled for the end of 2022.