37(1)Section 46 of that Act (undertakings) is amended as follows.U.K.
(2)In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ”.
(3)After that subsection insert—
“(3A)The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that—
(a)the respondent has used or threatened violence against the applicant or a relevant child; and
(b)for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.”
(4)In subsection (4), for “it were an order of the court” substitute “ the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking ”.