Domestic Violence Act 2018

Amendment of section 39 of Civil Liability and Courts Act 2004

50. (1) Section 39 of the Act of 2004 is amended in the definition of “relevant enactment” by the substitution—

(a) of the following paragraph for paragraph (h):

“(h) section 33 (for the purposes of section 45 (2) of the Domestic Violence Act 2018) or 38 of the Act of 1995;”,

and

(b) of the following paragraph for paragraph (j):

“(j) section 23 of the Domestic Violence Act 2018;”.

(2) Where, prior to the coming into operation of subsection (1)(a), a person has contravened section 40A(1) of the Act of 2004 as respects proceedings to which paragraph (h) of the definition of “relevant enactment” in section 39 of that Act relates, then notwithstanding the repeal of section 33 of the Act of 1995 by section 45 (1)(e), section 40A of the Act of 2004 continues to apply to that contravention as if the amendment in subsection (1)(a) had not been made.

(3) Where, prior to the coming into operation of subsection (1)(b), a person has contravened section 40A(1) of the Act of 2004 as respects proceedings to which paragraph (j) of the definition of “relevant enactment” in section 39 of that Act relates, then notwithstanding the repeal of section 16 of the Act of 1996 by section 3 , section 40A of the Act of 2004 continues to apply to that contravention as if the amendment in subsection (1)(b) had not been made.