Domestic Violence Act 1996

Repeal and transitional provisions.

23

23.(1) The Family Law (Protection of Spouses and Children) Act, 1981 (in this section referred to as “the Act of 1981”), is hereby repealed.

(2) (a) Subject to paragraph (b), this Act shall apply to a barring order made under the Act of 1981 and which is in force, or stayed by virtue of section 10 of that Act, at the commencement of this Act as if it were an order made under section 3.

(b) For the purposes of a barring order to which paragraph (a) relates, the reference in section 3 (8) to the expiration of three years after the date of its making shall be construed as a reference to twelve months after the date of its making.

(3) An application made to the court under the Act of 1981 for a barring order and not determined before the commencement of this Act shall be treated as if it had been made under section 3.

(4) This Act shall apply to a protection order made under the Act of 1981 and which is in force at the commencement of this Act as if it were an order made under section 5.