The Bill as introduced creates new types of protection notices and orders to protect people from domestic abuse.
This is a Government bill
The Bill became an Act on 5 May 2021
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill as introduced creates new types of protection notices and orders to protect people from domestic abuse. These are:
DAPNs can be made by senior members of the police. They are a very short-term way to offer immediate protection from domestic abuse until a DAPO can be made by a court.
A DAPO can last for up to 2 months and can be extended by another month. A DAPN does not need to be in place to ask the court for a DAPO.
The Bill lists all of the things a DAPN can do. This includes stopping an abuser from entering the home of the person they have abused.
A DAPO can do anything a DAPN can, or anything else the court thinks is needed to protect someone from abuse by their partner or ex-partner.
The Bill also adds a new reason for ending a Scottish secure tenancy when a tenant has been abusive to their partner or ex-partner. The landlord can only seek to end the tenancy if they plan to let the person who has been abused continue to live in the house. The person who has been abused must also wish to continue to live in the house.
The Bill creates additional protection for people who are at risk of domestic abuse, particularly where they are living with their abuser.
The Bill is trying to fill a gap by allowing immediate protection for a short time for a person experiencing domestic abuse. This is to keep them safe while they work out what to do next.
The Bill gives additional protection to people in social housing who experience domestic abuse. It enables landlords to apply to the court to end the tenancy rights of someone who has been abusive to their partner or ex-partner. Landlords can only do this if the person who has been abused wishes to continue living in the house.
Domestic Abuse (Protection) (Scotland) Bill as introduced (653KB, pdf) posted 04 October 2020
Explanatory Notes (197KB, pdf) posted 04 October 2020
Policy Memorandum (337KB, pdf) posted 04 October 2020
Financial Memorandum (131KB, pdf) posted 14 May 2020
Delegated Powers Memorandum (115KB, pdf) posted 04 October 2020
Statements on legislative competence (90KB, pdf) posted 04 October 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Domestic Abuse (Protection) (Scotland) Bill
The Bill was introduced on 2 October 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 4 December 2020.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 28 January 2021 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 28 January 2021
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting on 23 February 2021:
Marshalled List of Amendments for Stage 2 (225KB, pdf) posted 18 February 2021
Groupings of Amendments for Stage 2 (241KB, pdf) posted 18 February 2021
Domestic Abuse (Protection) (Scotland) Bill with Stage 2 amendments (815KB, pdf) posted 23 February 2021
Revised Explanatory Notes (194KB, pdf) posted 15 March 2021
The Bill ended Stage 2 on 23 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting on 17 March 2021:
Marshalled List of Amendments for Stage 3 (209KB, pdf) posted 11 March 2021
Timed Groupings of Amendments for Stage 3 (197KB, pdf) posted 16 March 2021
Domestic Abuse (Protection) (Scotland) Bill as passed (574KB, pdf) posted 17 March 2021
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 118 for, 0 against, 0 abstained, 11 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 17 March 2021
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
The Bill was passed on 17 March 2021 and became an Act on 5 May 2021.