The Magistrates' Courts (Domestic Violence Protection Order Proceedings) Rules 2011

JurisdictionUK Non-devolved
CitationSI 2011/1434
Year2011

2011 No. 1434 (L. 11)

Magistrates’ Courts, England And WalesProcedure

The Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011

Made 6th June 2011

Laid before Parliament 9th June 2011

Coming into force 30th June 2011

The Lord Chief Justice makes the following Rules under sections 144(1) and 145(1)(a) of the Magistrates’ Courts Act 19801and section 2(2)(a) of the Civil Evidence Act 19952.

In accordance with section 144 of the Magistrates’ Courts Act 1980 he has consulted with the rule committee appointed under that section and makes these Rules with the concurrence of the Lord Chancellor.

Citation and Commencement
S-1 Citation and Commencement

Citation and Commencement

1. These Rules may be cited as the Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011 and shall come into force on 30 June 2011.

Application and Interpretation

Application and Interpretation

S-2 In these rules— “the 1995 Act ” means the Civil Evidence Act...

2. In these rules—

the 1995 Act” means the Civil Evidence Act 1995;

the 1999 Rules” means the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 19993;

the 2010 Act” means the Crime and Security Act 20104;

“DVPO” means a Domestic Violence Protection Order made in accordance with section 28 (conditions for and contents of a domestic violence protection order) of the 2010 Act; and

“DVPO proceedings” means proceedings under any of sections 26 (breach of domestic violence protection notice) 27 (application for a domestic violence protection order) and 29 (breach of domestic violence protection order) of the 2010 Act.

S-3 These Rules shall apply to DVPO proceedings in magistrates’...

3. These Rules shall apply to DVPO proceedings in magistrates’ courts.

Disapplication of section 2(1) the 1995 Act
S-4 Disapplication of section 2(1) the 1995 Act

Disapplication of section 2(1) the 1995 Act

4. Section 2(1) (notice of proposal to adduce hearsay evidence) of the 1995 Act does not apply to DVPO proceedings.

Exclusion of the 1999 Rules
S-5 Exclusion of the 1999 Rules

Exclusion of the 1999 Rules

5.—(1) Rule 2 (application and interpretation) of the 1999 Rules is amended as follows.

(2) After rule 2(3) insert—

S-4

“4 These rules shall not apply to Domestic Violence Protection Order proceedings as defined in “DVPO proceedings” under rule 2 (application and interpretation) of the Magistrates’ Courts (Domestic Violence Protection Order Proceedings) Rules 2011.”.

Application for a DVPO in the magistrates’ court
S-6 Application for a DVPO in the magistrates’ court

Application for a DVPO in the magistrates’ court

6. In an application for a DVPO, the application, in accordance with section 27(2) of the 2010 Act, must be made by complaint and, accordingly, when...

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