Domestic Abuse Bill (HL Bill 124)

Part 1 Definition of “domestic abuse”

1 Definition of “domestic abuse”

(1)This section defines “domestic abuse” for the purposes of this Act.

(2)5Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse”
if—

(a)A and B are each aged 16 or over and are personally connected to each
other, and

(b)the behaviour is abusive.

(3)10Behaviour is “abusive” if it consists of any of the following—

(a)physical or sexual abuse;

(b)violent or threatening behaviour;

(c)controlling or coercive behaviour;

(d)economic abuse (see subsection (4));

(e)psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a
course of conduct.

(4)“Economic abuse” means any behaviour that has a substantial adverse effect
5on B’s ability to—

(a)acquire, use or maintain money or other property, or

(b)obtain goods or services.

(5)For the purposes of this Act A’s behaviour may be behaviour “towards” B
despite the fact that it consists of conduct directed at another person (for
10example, B’s child).

(6)References in this Act to being abusive towards another person are to be read
in accordance with this section.

(7)For the meaning of “personally connected”, see section 2.

2 Definition of “personally connected”

(1)15For the purposes of this Act, two people are “personally connected” to each
other if any of the following applies—

(a)they are, or have been, married to each other;

(b)they are, or have been, civil partners of each other;

(c)they have agreed to marry one another (whether or not the agreement
20has been terminated);

(d)they have entered into a civil partnership agreement (whether or not
the agreement has been terminated);

(e)they are, or have been, in an intimate personal relationship with each
other;

(f)25they each have, or there has been a time when they each have had, a
parental relationship in relation to the same child (see subsection (2));

(g)they are relatives.

(2)For the purposes of subsection (1)(f) a person has a parental relationship in
relation to a child if—

(a)30the person is a parent of the child, or

(b)the person has parental responsibility for the child.

(3)In this section—

• “child” means a person under the age of 18 years;

• “civil partnership agreement” has the meaning given by section 73 of the
  35Civil Partnership Act 2004;

• “parental responsibility” has the same meaning as in the Children Act
  1989 (see section 3 of that Act);

• “relative” has the meaning given by section 63(1) of the Family Law Act
  1996.

3 40Children as victims of domestic abuse

(1)This section applies where behaviour of a person (“A”) towards another person
(“B”) is domestic abuse.

(2)Any reference in this Act to a victim of domestic abuse includes a reference to
a child who—

(a)sees or hears, or experiences the effects of, the abuse, and

(b)is related to A or B.

(3)5A child is related to a person for the purposes of subsection (2) if—

(a)the person is a parent of, or has parental responsibility for, the child, or

(b)the child and the person are relatives.

(4)In this section—

• “child” means a person under the age of 18 years;

• 10“parental responsibility” has the same meaning as in the Children Act
  1989 (see section 3 of that Act);

• “relative” has the meaning given by section 63(1) of the Family Law Act
  1996.

Part 2 15The Domestic Abuse Commissioner

Domestic Abuse Commissioner

4 Appointment of Commissioner

(1)The Secretary of State must appoint a person as the Domestic Abuse
Commissioner (“the Commissioner”).

(2)20The Commissioner is to hold and vacate office in accordance with the terms
and conditions of the Commissioner’s appointment.

(3)The Commissioner is not to be regarded as the servant or agent of the Crown
or as enjoying any status, immunity or privilege of the Crown.

5 Funding

(1)25The Secretary of State may make payments to the Commissioner out of money
provided by Parliament for the purpose of enabling the Commissioner to meet
expenditure incurred in the exercise of the Commissioner’s functions.

(2)Payments are to be made at such times, and subject to any such conditions, as
the Secretary of State considers appropriate.

(3)30The Secretary of State may pay, or make provision for paying, to or in respect
of the Commissioner—

(a)remuneration;

(b)allowances;

(c)sums by way of or in respect of pensions.

6 35Staff etc

(1)The Secretary of State must provide the Commissioner with—

(a)such staff, and

(b)such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the
Commissioner’s functions.

(2)Before providing any staff, the Secretary of State must—

(a)consult the Commissioner, and

(b)5obtain the Commissioner’s approval as to the persons to be provided as
staff.

(3)The Secretary of State must consult the Commissioner before providing any
accommodation, equipment or other facilities.

Functions of Commissioner

7 10General functions of Commissioner

(1)The Commissioner must encourage good practice in—

(a)the prevention of domestic abuse;

(b)the prevention, detection, investigation and prosecution of offences
involving domestic abuse;

(c)15the identification of—

(i)people who carry out domestic abuse;

(ii)victims of domestic abuse;

(iii)children affected by domestic abuse;

(d)the provision of protection and support to people affected by domestic
20abuse.

(2)The things that the Commissioner may do in pursuance of the general duty
under subsection (1) include—

(a)assessing, monitoring, and publishing information about, the provision
of services to people affected by domestic abuse;

(b)25making recommendations to any public authority about the exercise of
its functions;

(c)undertaking or supporting (financially or otherwise) the carrying out of
research;

(d)providing information, education or training;

(e)30taking other steps to increase public awareness of domestic abuse;

(f)consulting public authorities, voluntary organisations and other
persons;

(g)co-operating with, or working jointly with, public authorities,
voluntary organisations and other persons, whether in England and
35Wales or outside the United Kingdom.

(3)Subject to subsection (4), the Commissioner may not do anything in pursuance
of the general duty under subsection (1) that—

(a)relates to a devolved Welsh authority, or

(b)otherwise relates to Welsh devolved matters.

(4)40Subsection (3) does not prevent the Commissioner from—

(a)doing anything falling within subsection (2)(c), (d) or (e), to the extent
that the thing done does not relate to Welsh devolved matters;

(b)doing anything falling within subsection (2)(f) or (g);

(c)disclosing information to a devolved Welsh authority, or information
45which relates to Welsh devolved matters, under section 17.

(5)For the purposes of this section something relates to Welsh devolved matters
so far as it relates to—

(a)any matter provision about which would be within the legislative
competence of Senedd Cymru if it were contained in an Act of Senedd
5Cymru, or

(b)(so far as it is not within paragraph (a)), any matter functions with
respect to which are exercisable by the Welsh Ministers, the First
Minister for Wales, the Counsel General to the Welsh Government or
the Senedd Commission.

(6)10In this section—

• “devolved Welsh authority” has the meaning given by section 157A of the
  Government of Wales Act 2006;

• “public authority” means any public authority within the meaning of
  section 6 of the Human Rights Act 1998, other than a court or tribunal.

8 15Reports

(1)The Commissioner may report to the Secretary of State on any matter relating
to domestic abuse.

(2)The Commissioner must publish every report made under this section.

(3)Before publishing a report under this section, the Commissioner must send a
20draft of the report to the Secretary of State.

(4)The Secretary of State may direct the Commissioner to omit material from any
report under this section before publication if the Secretary of State thinks the
publication of that material—

(a)might jeopardise the safety of any person, or

(b)25might prejudice the investigation or prosecution of an offence.

(5)The Secretary of State must consult the Commissioner before making any
direction under subsection (4).

(6)The Commissioner must arrange for a copy of any report published under this
section to be laid before Parliament.

9 30Advice and assistance

(1)The Commissioner may provide the Secretary of State with any advice or
assistance that the Secretary of State may request.

(2)The Commissioner may, at the request of any other person, provide the person
with advice or assistance relating to the exercise of any of the person’s
35functions, or the carrying out of any activities by the person, in relation to
people affected by domestic abuse.

(3)The Commissioner may charge a person for providing the person with advice
or assistance under subsection (2).

(4)The Commissioner must publish any advice given to a person under
40subsection (2).

(5)Before publishing any advice given under this section, the Commissioner must
send a draft of what is proposed to be published to the Secretary of State.

(6)The Secretary of State may direct the Commissioner to omit anything
contained in the advice before publication if the Secretary of State thinks the
publication of that material—

(a)might jeopardise the safety of any person, or

(b)5might prejudice the investigation or prosecution of an offence.

(7)The Secretary of State must consult the Commissioner before making any
direction under subsection (6).

10 Incidental powers

(1)The Commissioner may do anything which the Commissioner considers will
10facilitate, or is incidental or conducive to, the carrying out of the
Commissioner’s functions.

(2)But the Commissioner may not borrow money.

Framework document

11 Framework document

(1)15The Secretary of State must issue a document (a “framework document”) that
deals with matters relating to the Commissioner.

(2)The matters that may be dealt with by a framework document include (among
other things)—

(a)matters relating to governance, funding and staffing;

(b)20matters relating to the exercise of functions of the Commissioner;

(c)matters relating to scrutiny of the Commissioner’s activities by
Parliament or by Senedd Cymru.

(3)The Commissioner must have regard to the framework document when
exercising any of the Commissioner’s functions.

(4)25The Secretary of State must have regard to the framework document when
exercising any functions in relation to the Commissioner.

(5)The Secretary of State—

(a)must keep the framework document under review, and

(b)may issue a revised framework document.

(6)30The Secretary of State—

(a)must consult the Commissioner in preparing or revising a framework
document, and

(b)may not issue a framework document without the agreement of the
Commissioner.

(7)35The Secretary of State must consult the Welsh Ministers before issuing—

(a)the first framework document under this section, or

(b)any other framework document which is, in the opinion of the
Secretary of State, significantly different from the framework document
it replaces.

(8)40The Secretary of State must—

(a)arrange for any framework document issued under this section to be
published in the manner which the Secretary of State considers
appropriate,

(b)send a copy of the framework document to the Welsh Ministers, and

(c)5lay a copy of the framework document before Parliament.

(9)The Welsh Ministers must lay before Senedd Cymru a copy of any framework
document sent to them under subsection (8)(b).

Advisory Board

12 Advisory Board

(1)10The Commissioner must establish an Advisory Board (“the Board”) for the
purposes of providing advice to the Commissioner about the exercise of the
Commissioner’s functions.

(2)The Board is to consist of not fewer than six and not more than ten members
appointed by the Commissioner.

(3)15Each member of the Board is to hold and vacate office in accordance with the
terms and conditions of the member’s appointment.

(4)The members of the Board must include—

(a)at least one person appearing to the Commissioner to represent the
interests of victims of domestic abuse;

(b)20at least one person appearing to the Commissioner to represent the
interests of charities and other voluntary organisations that work with
victims of domestic abuse in England;

(c)at least one person appearing to the Commissioner to represent the
interests of persons who provide, or have functions relating to, health
25care services in England;

(d)at least one person appearing to the Commissioner to represent the
interests of persons who provide, or have functions relating to, social
care services in England;

(e)at least one person appearing to the Commissioner to represent the
30interests of persons with functions relating to policing or criminal
justice;

(f)at least one person appearing to the Commissioner to have academic
expertise in relation to domestic abuse.

(5)The Commissioner may pay such remuneration or allowances to members of
35the Board as the Commissioner may determine.

(6)In this section—

• “health care services” means services relating to health care (within the
  meaning of section 9 of the Health and Social Care Act 2008);

• “social care services” means services relating to social care (within the
  40meaning of that section).

Strategic plans and annual reports

13 Strategic plans

(1)The Commissioner must, as soon as reasonably practicable after the
Commissioner’s appointment, prepare and publish a strategic plan.

(2)5A strategic plan is a plan setting out how the Commissioner proposes to
exercise the Commissioner’s functions in the period to which the plan relates,
which must be not less than one year and not more than three years.

(3)A strategic plan must in particular—

(a)state the Commissioner’s objectives and priorities for the period to
10which the plan relates;

(b)state any matters on which the Commissioner proposes to report under
section 8 during that period;

(c)state any other activities the Commissioner proposes to undertake
during that period in the exercise of the Commissioner’s functions.

(4)15The Commissioner must, before the end of the period to which a strategic plan
relates (“the current period”)—

(a)prepare a strategic plan for a period immediately following the current
period, and

(b)publish that plan.

(5)20At any time during the period to which a strategic plan relates, the
Commissioner—

(a)may revise the strategic plan, and

(b)must publish any revised plan.

(6)In preparing or revising a strategic plan, the Commissioner must consult—

(a)25the Secretary of State,

(b)the Advisory Board established under section 12, and

(c)such other persons as the Commissioner considers appropriate.

(7)The Commissioner must arrange for a copy of any plan (or revised plan)
published under this section to be laid before Parliament.

14 30Annual reports

(1)As soon as reasonably practicable after the end of each financial year, the
Commissioner must submit to the Secretary of State an annual report on the
exercise of the Commissioner’s functions during the year.

(2)The annual report must include—

(a)35an assessment of the extent to which the Commissioner’s objectives and
priorities have been met in that year;

(b)a statement of the matters on which the Commissioner has reported
under section 8 during the year;

(c)a statement of the other activities the Commissioner has undertaken
40during the year in the exercise of the Commissioner’s functions.

(3)The Commissioner must arrange for a copy of every annual report under this
section to be laid before Parliament (but see subsection (4)).

(4)The Secretary of State may direct the Commissioner to omit material from any
report under this section before it is laid before Parliament if the Secretary of
State thinks the publication of that material—

(a)might jeopardise the safety of any person, or

(b)5might prejudice the investigation or prosecution of an offence.

(5)The Secretary of State must consult the Commissioner before making any
direction under subsection (4).

(6)In this section “financial year” means—

(a)the period beginning with the day on which the first Domestic Abuse
10Commissioner takes office and ending with the following 31 March,
and

(b)each successive period of 12 months.

Duties of public authorities in relation to Commissioner

15 Duty to co-operate with Commissioner

(1)15The Commissioner may request a specified public authority to co-operate with
the Commissioner in any way that the Commissioner considers necessary for
the purposes of the Commissioner’s functions.

(2)A specified public authority must, so far as reasonably practicable, comply
with a request made to it under this section.

(3)20In this section “specified public authority” means any of the following—

(a)a chief officer of police of a police force maintained for a police area in
England and Wales;

(b)a local policing body;

(c)the Chief Constable of the British Transport Police Force;

(d)25the British Transport Police Authority;

(e)the Ministry of Defence Police;

(f)an immigration officer or other official of the Secretary of State
exercising functions in relation to immigration or asylum;

(g)the Crown Prosecution Service;

(h)30the Parole Board;

(i)the Criminal Cases Review Commission;

(j)an English local authority;

(k)an NHS body in England;

(l)Her Majesty’s Inspectors of Constabulary;

(m)35Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(n)Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills;

(o)a body approved as an independent inspectorate under section 106 of
the Education and Skills Act 2008 (inspection of registered independent
40educational institutions);

(p)the Care Quality Commission;

(q)Monitor.

(4)The Secretary of State may by regulations amend this section so as to—