(1) In this Part—
“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;
“enforcement officer” means—
a designated customs official, within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
a person who is a commissioned officer of any of Her Majesty's ships, or
a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
“English and Welsh constable” means only a person who is—
a member of a police force in England and Wales,
a member of the British Transport Police Force,
a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964, or
a National Crime Agency officer having the powers and privileges of a constable in England and Wales under the Crime and Courts Act 2013;
“foreign ship” means a ship which—
is registered in a State other than the United Kingdom, or
is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;
“home state”, in relation to a foreign ship, means—
the State in which the ship is registered, or
the State whose flag the ship is otherwise entitled to fly;
“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;
“Northern Ireland constable” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;
“Part 1 powers” means the powers set out in Part 1 of Schedule 2;
“Part 2 powers” means the powers set out in Part 2 of that Schedule;
“Part 3 powers” means the powers set out in Part 3 of that Schedule;
“relevant territory” means—
the Isle of Man;
any of the Channel Islands;
a British overseas territory;
“Scottish constable” means only a person who is—
a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), or
a National Crime Agency officer having the powers and privileges of a constable in Scotland under the Crime and Courts Act 2013;
“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“ship without nationality” means a ship which—
is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or
sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
“United Kingdom ship” means a ship which—
is registered under Part 2 of the Merchant Shipping Act 1995,
is a Government ship within the meaning of that Act,
is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or
is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,
(b) an individual who is habitually resident in the United Kingdom, or
(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
(1) The Secretary of State must, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland, appoint a person as the Independent Anti-slavery Commissioner (in this Part “the Commissioner”).
(2) The Commissioner is to hold office in accordance with the terms of the Commissioner's appointment.
(3) The Secretary of State may pay in respect of the Commissioner any expenses, remuneration or allowances that the Secretary of State may determine.
(4) The Secretary of State—
(a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year,
(b) may permit that to be exceeded for a specified purpose, and
(c) subject to paragraphs (a) and (b), must defray the Commissioner's expenditure for each financial year.
(5) In this Part, “financial year” means—
(a) the period beginning with the day on which the first Commissioner takes office and ending with the following 31 March, and
(b) each successive period of 12 months.
(6) The Commissioner may appoint staff.
(7) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert— “ Independent Anti-slavery Commissioner ”.
(8) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert—
“Independent Anti-slavery Commissioner
.
(9) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The Independent Anti-slavery Commissioner ”.
(1) The Commissioner must encourage good practice in—
(a) the prevention, detection, investigation and prosecution of slavery and human trafficking offences;
(b) the identification of victims of those offences.
(2) For the purposes of this section a slavery and human trafficking offence is an offence under—
(a) section 1, 2 or 4 of this Act,
(b) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),
(c) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland).
(3) The things that the Commissioner may do in pursuance of subsection (1) include—
(a) making reports on any permitted matter to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland;
(b) making 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) consulting public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons;
(f) co-operating with or working jointly with public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons, in the United Kingdom or internationally.
(4) The matters to which the Commissioner may have regard in pursuance of subsection (1) include the provision of assistance and support to victims of slavery and human trafficking offences.
(5) In subsection (3)(a) “permitted matter” means a matter which—
(a) the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland have asked the Commissioner to report on, or
(b) the current strategic plan, approved by the Secretary of State under section 42(6), states is a matter the Commissioner proposes to report on.
(6) The Commissioner must (after ascertaining whether the Secretary of State, the Scottish Ministers, the Lord Advocate or the Department of Justice in Northern Ireland wish to exercise the powers conferred by subsections (7) to (10)) publish each report made under subsection (3)(a).
(7) The Secretary of State may direct the Commissioner to omit from any report before publication any material whose publication the Secretary of State thinks—
(a) would be against the interests of national security,
(b) might jeopardise the safety of any person in England and Wales, or
(c) might prejudice the investigation or prosecution of an offence under the law of England and Wales.
(8) The Scottish Ministers may direct the Commissioner to omit from any report before publication any material whose publication the Scottish Ministers think—
(a) might jeopardise the safety of any person in Scotland, or
(b) might prejudice the investigation of an offence under the law of Scotland.
(9) The Lord Advocate may direct the Commissioner to omit from any report before publication any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland.
(10) The Department of Justice in Northern Ireland may direct the Commissioner to omit from any report before publication any material whose publication the department thinks—
(a) might jeopardise the safety of any person in Northern Ireland, or
(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.
(11) If the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland lay before Parliament, the Scottish Parliament or the Northern Ireland Assembly a report made by the Commissioner under subsection (3)(a), they must lay the report as it is published by the Commissioner under subsection (6).
(1) The Commissioner must, as soon as reasonably practicable after the Commissioner's appointment, prepare a strategic plan and submit it to the Secretary of State for approval.
(2) The Commissioner must, before the end of the period to which a strategic plan relates (“the current period”), prepare a strategic plan for a period immediately following the current period and submit it to the Secretary of State for approval.
(3) The Commissioner may at any time prepare a revised strategic plan and submit it to the Secretary of State for approval.
(4) A 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.
(5) A strategic plan must in particular—
(a) state the Commissioner's objectives and priorities for the period to which the plan relates;
(b) state any matters on which the Commissioner proposes to report under section 41(3)(a) during that period;
(c) state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner's functions.
(6) The Secretary of State may approve a strategic plan either without modifications or with modifications agreed with the Commissioner.
(7) The Secretary of State must—
(a) before approving a strategic plan, consult the Scottish Ministers and the Department of Justice in Northern Ireland, and
(b) after approving a strategic plan, send a copy of the plan to the Scottish Ministers and the Department of Justice in Northern Ireland.
(8) As soon as reasonably practicable after the end of each financial year the Commissioner must submit to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland an annual report on the exercise of the Commissioner's functions during the year.
(9) An annual report must include—
(a) an 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 41(3)(a) during the year;
(c) a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner's functions.
(10) The Secretary of State must lay before Parliament—
(a) any strategic plan the Secretary of State approves, and
(b) any annual report the Secretary of State receives,
and must do so as soon as reasonably practicable after approving the plan or receiving the report.
(11) The Scottish Ministers must lay before the Scottish Parliament—
(a) any strategic plan the Secretary of State approves, and
(b) any annual report they receive,
and must do so as soon as reasonably practicable after receiving the plan or the report.
(12) The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly—
(a) any strategic plan the Secretary of State approves, and
(b) any annual report it receives,
and must do so as soon as reasonably practicable after receiving the plan or the report.
(13) An annual report laid under any of subsections (10) to (12) must not contain material removed from the report under any of subsections (14) to (17).
(14) The Secretary of State may remove from an annual report any material whose publication the Secretary of State thinks—
(a) would be against the interests of national security,
(b) might jeopardise the safety of any person in England and Wales, or
(c) might prejudice the investigation or prosecution of an offence under the law of England and Wales.
(15) The Scottish Ministers may remove from an annual report any material whose publication the Scottish Ministers think—
(a) might jeopardise the safety of any person in Scotland, or
(b) might prejudice the investigation of an offence under the law of Scotland.
(16) The Lord Advocate may remove from an annual report any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland.
(17) The Department of Justice in Northern Ireland may remove from an annual report any material whose publication the department thinks—
(a) might jeopardise the safety of any person in Northern Ireland, or
(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.
(1) The 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) A public authority which discloses information to the Commissioner in pursuance of subsection (2) does not breach any obligation of confidence owed by the public authority in relation to that information; but this does not apply in relation to patient information.
(4) “Patient information” means information (however recorded) which—
(a) relates to the physical or mental health or condition of an individual, to the diagnosis of an individual's condition or to an individual's care or treatment, or is to any extent derived directly or indirectly from such information, and
(b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information).
(5) Except as provided by subsection (3), subsection (2) does not require or authorise any disclosure of information which contravenes a restriction on the disclosure of information (however imposed).
(6) In this section “specified public authority” means a public authority listed in Schedule 3.
(7) The Scottish Ministers may by regulations amend that Schedule so as to—
(a) add or remove a public authority having only functions which are exercisable in or as regards Scotland (a “Scottish public authority”);
(b) amend an entry relating to a Scottish public authority.
(8) The Department of Justice in Northern Ireland may by regulations amend that Schedule so as to—
(a) add or remove a public authority having only functions which are exercisable in or as regards Northern Ireland (a “Northern Irish public authority”);
(b) amend an entry relating to a Northern Irish public authority.
(9) The Secretary of State may by regulations amend that Schedule so as to—
(a) add or remove a public authority which is not a Scottish public authority or a Northern Irish public authority;
(b) amend an entry relating to a public authority which is not a Scottish public authority or a Northern Irish public authority.
(10) Regulations under subsection (7), (8) or (9) which add a public authority to Schedule 3 may contain provision modifying the application of this section in relation to that authority.
(1) The Commissioner must not exercise any function in relation to an individual case.
(2) Subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.
45 Defence for slavery or trafficking victims who commit an offence
(1) A person is not guilty of an offence if—
(a) the person is aged 18 or over when the person does the act which constitutes the offence,
(b) the person does that act because the person is compelled to do it,
(c) the compulsion is attributable to slavery or to relevant exploitation, and
(d) a reasonable person in the same situation as the person and having the person's relevant characteristics would have no realistic alternative to doing that act.
(2) A person may be compelled to do something by another person or by the person's circumstances.
(3) Compulsion is attributable to slavery or to relevant exploitation only if—
(a) it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or
(b) it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.
(4) A person is not guilty of an offence if—
(a) the person is under the age of 18 when the person does the act which constitutes the offence,
(b) the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and
(c) a reasonable person in the same situation as the person and having the person's relevant characteristics would do that act.
(5) For the purposes of this section—
“relevant characteristics” means age, sex and any physical or mental illness or disability;
“relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.
(6) In this section references to an act include an omission.
(7) Subsections (1) and (4) do not apply to an offence listed in Schedule 4.
(8) The Secretary of State may by regulations amend Schedule 4.
46 Special measures for witnesses in criminal proceedings
(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
(2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress about testifying) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.
(3) In section 25(4)(a) (offences where court may direct evidence to be given in private) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.
(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.
(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (availability of civil legal services) is amended as follows.
(2) In Part 1 (services), after paragraph 32 insert—
Victims of slavery, servitude or forced or compulsory labour
32A (1) Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—
(a) there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or
(b) there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.
(2) Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
(a) the services are provided to the individual, or
(b) the individual has died and the services are provided to the individual's personal representative.
(3) Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
(a) the services are provided to the individual, or
(b) the individual has died and the services are provided to the individual's personal representative.
Exclusions
(4) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
(5) Sub-paragraphs (2) and (3) are subject to—
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and
(b) the exclusion in Part 3 of this Schedule.
Definitions
(6) For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of slavery, servitude or forced or compulsory labour if a competent authority has determined that there are such grounds.
(7) For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of slavery, servitude or forced or compulsory labour when a competent authority concludes that the individual is or is not such a victim.
(8) For the purposes of this paragraph “slavery”, “servitude” and “forced or compulsory labour” have the same meaning as they have for the purposes of article 4 of the Human Rights Convention.
(9) The “Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom.
(10) The definitions of “competent authority”, “employment”, “employment law” and “personal representative” in paragraph 32(8) also apply for the purposes of this paragraph.
(3) In Part 3 (advocacy: exclusion and exceptions), in paragraph 13 for “or 32(1)” substitute “ , 32(1) or 32A(1) ”.
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supported by someone who is independent of any person who will be responsible for making decisions about the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate;
(b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking;
(d) about the functions of independent child trafficking advocates;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to—
(i) recognise, and pay due regard to, the advocate's functions, and
(ii) provide the advocate with access to such information relating to the child as will enable the advocate to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
49 Guidance about identifying and supporting victims
(1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about—
(a) the sorts of things which indicate that a person may be a victim of slavery or human trafficking;
(b) arrangements for providing assistance and support to persons who there are reasonable grounds to believe are victims of slavery or human trafficking or who are such victims;
(c) arrangements for determining whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking.
(d) arrangements for determining whether a person is a victim of slavery or human trafficking.
(1A) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (d) is to be made on the balance of probabilities.
(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.
(4) If the Secretary of State makes regulations under section 50, the references in subsection (1) to “arrangements” include arrangements under the regulations.
50A Identified potential victims etc: assistance and support
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection).
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“recovery period” has the same meaning as in section 61 of that Act.
(1) This section applies where—
(a) a public authority with functions under relevant arrangements has reasonable grounds to believe that a person is a victim of human trafficking, and
(b) the authority is not certain of the person's age but has reasonable grounds to believe that the person may be under 18.
(2) Until an assessment of the person's age is carried out by a local authority or the person's age is otherwise determined, the public authority must assume for the purposes of its functions under relevant arrangements that the person is under 18.
(3) “Relevant arrangements” means arrangements for providing assistance and support to persons who are, or who there are reasonable grounds to believe are, victims of human trafficking, as set out in—
(a) guidance issued under section 49(1)(b);
(b) any regulations made under section 50(1).
(4) “Local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).
52 Duty to notify Secretary of State about suspected victims of slavery or human trafficking
(1) If a public authority to which this section applies has reasonable grounds to believe that a person may be a victim of slavery or human trafficking it must notify—
(a) the Secretary of State, or
(b) if regulations made by the Secretary of State require it to notify a public authority other than the Secretary of State, that public authority.
(2) The Secretary of State may by regulations make provision about the information to be included in a notification.
(3) Regulations under subsection (2) must provide that a notification relating to a person aged 18 or over may not include information that—
(a) identifies the person, or
(b) enables the person to be identified (either by itself or in combination with other information),
unless the person consents to the inclusion of the information.
(4) Regulations under subsection (2)—
(a) may provide that a public authority which includes information in a notification in accordance with the regulations does not breach any obligation of confidence owed by the public authority in relation to that information;
(b) may not require or authorise the inclusion of information which contravenes any other restriction on the disclosure of information (however imposed).
(5) This section applies to—
(a) a chief officer of police for a police area,
(b) the chief constable of the British Transport Police Force,
(c) the National Crime Agency,
(d) a county council,
(e) a county borough council,
(f) a district council,
(g) a London borough council,
(h) the Greater London Authority,
(i) the Common Council of the City of London,
(j) the Council of the Isles of Scilly,
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State may by regulations amend subsection (5) so as to—
(a) add or remove a public authority;
(b) amend the entry for a public authority.
(1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to an overseas domestic worker—
(a) who has been determined to be a victim of slavery or human trafficking, and
(b) in relation to whom such other requirements are met as may be provided for by the rules.
(2) Immigration rules must make provision as to the conditions on which such leave is to be granted, and must in particular provide—
(a) that the leave is to be for the purpose of working as a domestic worker in a private household;
(b) for a person who has such leave to be able to change employer (subject to paragraph (a)).
(3) Immigration rules may specify a maximum period for which a person may have leave to remain in the United Kingdom by virtue of subsection (1).
If they do so, the specified maximum period must not be less than 6 months.
(4) For the purposes of this section an overseas domestic worker has been determined to be a victim of slavery or human trafficking if a public authority has determined that he or she is such a victim—
(a) under regulations made under section 50(2)(b), or
(b) where no such regulations apply, under arrangements identified in the immigration rules.
(5) The Secretary of State must issue guidance to persons having functions under the Immigration Acts about the exercise of those functions in relation to an overseas domestic worker who may be a victim of slavery or human trafficking.
(6) The guidance must provide for a period during which no enforcement action should be taken against such an overseas domestic worker in respect of his or her—
(a) remaining in the United Kingdom beyond the time limited by his or her leave to enter or remain, or
(b) breaching a condition of that leave relating to his or her employment,
if he or she did so because of the matters relied on as slavery or human trafficking.
(7) In this section—
“enforcement action” has the meaning given by section 24A of the Immigration Act 1971;
“immigration rules” has the same meaning as in that Act;
“overseas domestic worker” means a person who, under the immigration rules, has (or last had) leave to enter or remain in the United Kingdom as—
a domestic worker in a private household, or
a private servant in a diplomatic household.
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this section—
“commercial organisation” means—
a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
a partnership within the Partnership Act 1890,
a limited partnership registered under the Limited Partnerships Act 1907, or
a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
conduct which constitutes an offence under any of the following—
section 1, 2 or 4 of this Act,
section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),
section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
(A1) For the purposes of sections 48 to 53 (identification and protection of victims), “victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022.
(1) For the purposes of any other provision of this Act a person is a victim of slavery if he or she is a victim of—
(a) conduct which constitutes an offence under section 1, or
(b) conduct which would have constituted an offence under that section if that section had been in force when the conduct occurred.
(2) For the purposes of any other provision of this Act a person is a victim of human trafficking if he or she is the victim of—
(a) conduct which constitutes an offence under section 2, or would constitute an offence under that section if the person responsible for the conduct were a UK national, or
(b) conduct which would have been within paragraph (a) if section 2 had been in force when the conduct occurred.
(3) In this Act—
“child” means a person under the age of 18;
“country” includes territory or other part of the world;
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;
“UK national” has the meaning given by section 13.
(1) Schedule 5 contains minor and consequential amendments.
(2) The Secretary of State may by regulations make whatever provision the Secretary of State thinks appropriate in consequence of this Act.
(3) The provision which may be made by regulations under subsection (2) includes provision amending, repealing or revoking any provision of an Act or subordinate legislation (including an Act passed or subordinate legislation made in the same session as this Act).
(1) Any power of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.
(2) A statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) This section applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) regulations under section 57(2) (consequential provision) which amend, or repeal any provision of, an Act.
(5) Regulations made by the Scottish Ministers under section 43(7)—
(a) are subject to the affirmative procedure if they contain—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations under section 43(8) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations made by the Department of Justice in Northern Ireland under section 43(8) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless they are regulations to which subsection (9) applies.
(8) The Department of Justice in Northern Ireland may not make regulations to which subsection (9) applies unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9) This subsection applies to regulations under section 43(8) which contain—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include saving, transitional, transitory, supplementary or consequential provision.
(11) This section (apart from subsection (10)) does not apply to regulations under paragraph 5 of Schedule 2.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by the Secretary of State;
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) Parts 1, 2 and 5 (except for section 53) ... extend to England and Wales only, subject to subsection (4).
(2) Part 3 extends as follows—
(a) section 35 extends to England and Wales only;
(b) section 36 extends to Scotland only;
(c) section 37 extends to Northern Ireland only;
(d) sections 38 and 39, and Schedule 2, extend to England and Wales, Scotland and Northern Ireland.
(3) Part 4, section 53 in Part 5 and Parts 6 and 7 ... extend to England and Wales, Scotland and Northern Ireland, subject to subsections (4) and (5).
(4) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
(5) But the amendments and repeals made by the following provisions of Schedule 5 extend to England and Wales only—
(a) paragraph 2,
(b) paragraph 5(2),
(c) paragraph 6,
(d) paragraph 8,
(e) paragraph 21.
(6) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.
(1) This Act comes into force on whatever day or days the Secretary of State appoints by regulations, subject to subsections (2) and (3).
(2) Section 48(7) comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
(3) This Part, other than section 57(1) and Schedule 5, comes into force on the day on which this Act is passed.
(4) Before making regulations bringing into force any of the provisions of Part 3, the Secretary of State must consult—
(a) the Scottish Ministers, so far as the provisions extend to Scotland;
(b) the Department of Justice in Northern Ireland, so far as the provisions extend to Northern Ireland.
(5) The Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) before the end of the period of 9 months beginning with the day on which this Act is passed.
(6) After the end of that period—
(a) if a resolution is passed by each House of Parliament that section 48(1) to (6) (or any part of it) should come into force, the Secretary of State must make regulations under subsection (1) bringing into force that section (or that part of it);
(b) the Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) unless required to do so by paragraph (a).
(7) Regulations made by virtue of subsection (6)(a) must bring into force section 48(1) to (6) (or the part of it specified in the resolutions) before the end of the period of one month beginning with the day on which the resolutions are passed (or, if they are passed on different days, the day on which the later of them is passed).
(8) The Secretary of State may by regulations make whatever saving, transitory or transitional provision the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act.
Section 14
Nationality, Immigration and Asylum Act 2002 (c. 41)
1 An offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (trafficking for prostitution).
Sexual Offences Act 2003 (c. 42)
2 (1) An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act 2003 (trafficking for sexual exploitation).
(2) An offence under section 62 of that Act (committing offence with intent to commit relevant sexual offence), where the relevant sexual offence the person in question intended to commit was an offence under section 57, 58, 58A, 59 or 59A of that Act.
Criminal Justice (Scotland) Act 2003 (asp 7)
3 An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
4 An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation).
Coroners and Justice Act 2009 (c. 25)
5 An offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
6 An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).
Modern Slavery Act 2015 (c. 30)
7 An offence under section 1, 2 or 4 of this Act.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))
8 An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery, servitude and forced or compulsory labour; human trafficking).
Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
8A. (1) An offence under section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (human trafficking; slavery, servitude and forced or compulsory labour).
(2) An offence aggravated by a connection with human trafficking activity in accordance with section 5 of that Act (general aggravation of offence).
Ancillary offences
9 (1) An offence of attempting or conspiring to commit an offence listed in this Schedule.
(2) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence listed in this Schedule.
(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.
SCHEDULE 2 Enforcement powers in relation to ships
Sections 35, 36 and 37
PART 1 England and Wales
Introductory
1 (1) This Part of this Schedule sets out the powers exercisable by English and Welsh constables and enforcement officers under sections 35 and 38(1).
(2) In this Part of this Schedule—
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
2 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that—
(a) an offence under section 1 or 2 is being, or has been, committed on the ship, or
(b) the ship is otherwise being used in connection with the commission of an offence under either of those sections.
(2) The constable or enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port (in England and Wales or elsewhere) and detained there.
(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.
(5) If the constable or enforcement officer is acting under authority given for the purposes of section 35(5), the constable or enforcement officer may require the ship to be taken to—
(a) a port in the home state or relevant territory in question, or
(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.
(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).
(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.
(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.
Power to search and obtain information
3 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
(a) to an offence under section 1 or 2, or
(b) to an offence that is connected with an offence under either of those sections.
(2) The constable or enforcement officer may search—
(a) the ship;
(b) anyone on the ship;
(c) anything on the ship (including cargo).
(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship.
(4) The power to search conferred by sub-paragraph (2)—
(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or enforcement officer has reasonable grounds to believe to be an item subject to legal privilege);
(c) make photographs or copies of anything the production of which the constable or enforcement officer has power to require.
(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
Power of arrest and seizure
4 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that an offence under section 1 or 2 has been, or is being, committed on the ship.
(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).
Code of practice
5 (1) The Secretary of State must prepare and issue a code in respect of the practice to be followed by English and Welsh constables and enforcement officers when arresting a person under the power conferred by paragraph 4.
(2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
(3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings.
(4) The code—
(a) is admissible in evidence in criminal and civil proceedings, and
(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(5) The Secretary of State may at any time revise the whole or any part of the code.
(6) The code, or any revision of the code, does not come into operation until the Secretary of State so provides in regulations.
(7) Regulations under this paragraph are to be made by statutory instrument.
(8) An instrument containing regulations under this paragraph that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9) An instrument containing regulations under this paragraph that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in sub-paragraph (8)).
(10) Where an instrument, or a draft of an instrument, is laid, the code or revision of the code to which it relates must also be laid.
Assistants
6 (1) An English and Welsh constable or an enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the constable or officer in the exercise of powers under this Part of this Schedule.
(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable's or officer's functions under this Part of this Schedule, but only under the constable's or officer's supervision.
Reasonable force
7 An English and Welsh constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
8 An English and Welsh constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Protection of constables and enforcement officers
9 An English and Welsh constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
(a) the act was done in good faith, and
(b) there were reasonable grounds for doing it.
Offences
10 (1) A person commits an offence under the law of England and Wales if the person—
(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or
(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement made by a constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
PART 2 Scotland
Introductory
11 (1) This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4).
(2) In this Part of this Schedule—
“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);
“listed offence” has the meaning given by section 36(8);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
12 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—
(a) a listed offence is being, or has been, committed on the ship, or
(b) the ship is otherwise being used in connection with the commission of a listed offence.
(2) The constable or enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port (in Scotland or elsewhere) and detained there.
(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.
(5) If the constable or enforcement officer is acting under authority given for the purposes of section 36(5), the constable or officer may require the ship to be taken to—
(a) a port in the home state or relevant territory in question, or
(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.
(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).
(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.
(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.
Power to search and obtain information
13 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
(a) to a listed offence, or
(b) to an offence that is connected with a listed offence.
(2) The constable or enforcement officer may search—
(a) the ship;
(b) anyone on the ship;
(c) anything on the ship (including cargo).
(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself.
(4) The power to search conferred by sub-paragraph (2)—
(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);
(c) make photographs or copies of anything the production of which the constable or officer has power to require.
(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
Power of arrest and seizure
14 (1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship.
(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).
Assistants
15 (1) A Scottish constable or an enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the constable or officer in the exercise of powers under this Part of this Schedule.
(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable's or officer's functions under this Part of this Schedule, but only under the constable's or officer's supervision.
Reasonable force
16 A Scottish constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
17 A Scottish constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Offences
18 (1) A person commits an offence under the law of Scotland if the person—
(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or
(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement made by a Scottish constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A person guilty of an offence under this paragraph is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
PART 3 Northern Ireland
Introductory
19 (1) This Part of this Schedule sets out the powers exercisable by Northern Ireland constables and enforcement officers under sections 37 and 38(7).
(2) In this Part of this Schedule—
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (1989/1341 (N.I. 12)) (see Article 12 of that Order);
“listed offence” has the meaning given by section 37(9);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
20 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that—
(a) a listed offence is being, or has been, committed on the ship, or
(b) the ship is otherwise being used in connection with the commission of a listed offence.
(2) The constable or enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port (in Northern Ireland or elsewhere) and detained there.
(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.
(5) If the constable or enforcement officer is acting under authority given for the purposes of section 37(6), the constable or officer may require the ship to be taken to—
(a) a port in the home state or relevant territory in question, or
(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.
(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).
(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.
(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.
Power to search and obtain information
21 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
(a) to a listed offence, or
(b) to an offence that is connected with a listed offence.
(2) The constable or enforcement officer may search—
(a) the ship;
(b) anyone on the ship;
(c) anything on the ship (including cargo).
(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship.
(4) The power to search conferred by sub-paragraph (2)—
(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);
(c) make photographs or copies of anything the production of which the constable or officer has power to require.
(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
Power of arrest and seizure
22 (1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship.
(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).
Code of practice
23 (1) The Department of Justice in Northern Ireland must prepare and issue a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by paragraph 22.
(2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
(3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings.
(4) The code—
(a) is admissible in evidence in criminal and civil proceedings, and
(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(5) The Department of Justice may at any time revise the whole or any part of the code.
(6) The code, or any revision of the code, does not come into operation until the Department of Justice—
(a) lays a draft of the code, or revised code, before the Northern Ireland Assembly, and
(b) provides by order for the code, or revised code, to come into operation.
(7) An order bringing the code into operation may contain such transitional provisions or savings as appear to the Department of Justice to be necessary or expedient.
(8) An order under this paragraph is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
(9) The power of the Department of Justice to make an order under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Assistants
24 (1) A Northern Ireland constable or an enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the constable or officer in the exercise of powers under this Part of this Schedule.
(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable's or officer's functions under this Part of this Schedule, but only under the constable's or officer's supervision.
Reasonable force
25 A Northern Ireland constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
26 A Northern Ireland constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Protection of constables and enforcement officers
27 A Northern Ireland constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
(a) the act was done in good faith, and
(b) there were reasonable grounds for doing it.
Offences
28 (1) A person commits an offence under the law of Northern Ireland if the person—
(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or
(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement made by a Northern Ireland constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A person guilty of an offence under this paragraph is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
SCHEDULE 3 Public authorities under a duty to co-operate with the Commissioner
Section 43
Law enforcement and border security
A chief officer of police for a police area in England and Wales.
The chief constable of the British Transport Police Force.
The National Crime Agency.
An immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum.
A designated customs official (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009).
Local government
A county council in England or Wales.
A county borough council in Wales.
A district council in England.
A London borough council.
The Greater London Authority.
The Common Council of the City of London.
The Council of the Isles of Scilly.
Health bodies
A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
...
...
...
Northern Irish public authority
Law enforcement
The Chief Constable of the Police Service of Northern Ireland
The Probation Board for Northern Ireland
Northern Ireland Departments
The Department of Justice for Northern Ireland
Health bodies
...
The Belfast Health and Social Care Trust
The Northern Health and Social Care Trust
The South Eastern Health and Social Care Trust
The Southern Health and Social Care Trust
The Western Health and Social Care Trust
SCHEDULE 4 Offences to which defence in section 45 does not apply
Section 45
Common law offences
1 False imprisonment.
2 Kidnapping.
3 Manslaughter.
4 Murder.
5 Perverting the course of justice.
6 Piracy.
Offences against the Person Act 1861 (c. 100)
7 An offence under any of the following provisions of the Offences Against the Person Act 1861—
section 4 (soliciting murder)
section 16 (threats to kill)
section 18 (wounding with intent to cause grievous bodily harm)
section 20 (malicious wounding)
section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence)
section 22 (using drugs etc to commit or assist in the committing of an indictable offence)
section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm)
section 27 (abandoning children)
section 28 (causing bodily injury by explosives)
section 29 (using explosives with intent to do grievous bodily harm)
section 30 (placing explosives with intent to do bodily injury)
section 31 (setting spring guns etc with intent to do grievous bodily harm)
section 32 (endangering safety of railway passengers)
section 35 (injuring persons by furious driving)
section 37 (assaulting officer preserving wreck)
section 38 (assault with intent to resist arrest).
Explosive Substances Act 1883 (c. 3)
8 An offence under any of the following provisions of the Explosive Substances Act 1883—
section 2 (causing explosion likely to endanger life or property)
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property)
section 4 (making or possession of explosives under suspicious circumstances).
Infant Life (Preservation) Act 1929 (c. 34)
9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Children and Young Persons Act 1933 (c. 12)
10 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
11 An offence under section 2 of the Public Order Act 1936 (control etc of quasi-military organisation).
Infanticide Act 1938 (c. 36)
12 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968 (c. 27)
13 An offence under any of the following provisions of the Firearms Act 1968—
section 5 (possession of prohibited firearms)
section 16 (possession of firearm with intent to endanger life)
section 16A (possession of firearm with intent to cause fear of violence)
section 17(1) (use of firearm to resist arrest)
section 17(2) (possession of firearm at time of committing or being arrested for specified offence)
section 18 (carrying firearm with criminal intent).
Theft Act 1968 (c. 60)
14 An offence under any of the following provisions of the Theft Act 1968—
section 8 (robbery or assault with intent to rob)
section 9 (burglary), where the offence is committed with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in it
section 10 (aggravated burglary)
section 12A (aggravated vehicle-taking), where the offence involves an accident which causes the death of any person
section 21 (blackmail).
Criminal Damage Act 1971 (c. 48)
15 The following offences under the Criminal Damage Act 1971—
an offence of arson under section 1
an offence under section 1(2) (destroying or damaging property) other than an offence of arson.
Immigration Act 1971 (c. 77)
16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state or the United Kingdom).
Customs and Excise Management Act 1979 (c. 2)
17 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
Taking of Hostages Act 1982 (c. 28)
18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982 (c. 36)
19 An offence under any of the following provisions of the Aviation Security Act 1982—
section 1 (hijacking)
section 2 (destroying, damaging or endangering safety of aircraft)
section 3 (other acts endangering or likely to endanger safety of aircraft)
section 4 (offences in relation to certain dangerous articles).
Mental Health Act 1983 (c. 20)
20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Child Abduction Act 1984 (c. 37)
21 An offence under any of the following provisions of the Child Abduction Act 1984—
section 1 (abduction of child by parent etc)
section 2 (abduction of child by other persons).
Public Order Act 1986 (c. 64)
22 An offence under any of the following provisions of the Public Order Act 1986—
section 1 (riot)
section 2 (violent disorder).
Criminal Justice Act 1988 (c. 33)
23 An offence under section 134 of the Criminal Justice Act 1988 (torture).
Road Traffic Act 1988 (c. 52)
24 An offence under any of the following provisions of the Road Traffic Act 1988—
section 1 (causing death by dangerous driving)
section 3A (causing death by careless driving when under the influence of drink or drugs).
Aviation and Maritime Security Act 1990 (c. 31)
25 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
section 1 (endangering safety at aerodromes)
section 9 (hijacking of ships)
section 10 (seizing or exercising control of fixed platforms)
section 11 (destroying fixed platforms or endangering their safety)
section 12 (other acts endangering or likely to endanger safe navigation)
section 13 (offences involving threats).
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
26 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Protection from Harassment Act 1997 (c. 40)
27 An offence under any of the following provisions of the Protection from Harassment Act 1997—
section 4 (putting people in fear of violence)
section 4A (stalking involving fear of violence or serious alarm or distress).
Crime and Disorder Act 1998 (c. 37)
28 An offence under any of the following provisions of the Crime and Disorder Act 1998 —
section 29 (racially or religiously aggravated assaults)
section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
Terrorism Act 2000 (c. 11)
29 An offence under any of the following provisions of the Terrorism Act 2000—
section 11 (membership of a proscribed organisation)
section 12 (support of a proscribed organisation)
section 15 (fund-raising for terrorism)
section 16 (use and possession of property for terrorism)
section 17 (funding arrangements)
section 17A (insurance against payments made in response to terrorist demands)
section 18 (money laundering)
section 19 (disclosure of information: duty)
section 21A (failure to disclose: regulated sector)
section 38B (information about acts of terrorism)
section 39 (disclosure of information prejudicial to investigation)
section 54 (weapons training)
section 56 (directing terrorist organisation)
section 57 (possession of article for terrorist purposes)
section 58 (collection of information)
section 58A (eliciting, publishing or communicating information about members of armed forces etc)
section 58B (entering or remaining in a designated area)
section 59 (inciting terrorism overseas).
International Criminal Court Act 2001 (c. 17)
30 An offence under any of the following provisions of the International Criminal Court Act 2001—
section 51 (genocide, crimes against humanity and war crimes)
section 52 (ancillary conduct).
Anti-terrorism, Crime and Security Act 2001 (c. 24)
31 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
section 47 (use of nuclear weapons)
section 50 (assisting or inducing certain weapons-related acts overseas)
section 67 (security of pathogens and toxins)
section 79 (disclosures relating to nuclear security)
section 113 (use of noxious substance or thing to cause harm or intimidate).
Female Genital Mutilation Act 2003 (c. 31)
32 An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
section 1 (female genital mutilation)
section 2 (assisting a girl to mutilate her own genitalia)
section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
Sexual Offences Act 2003 (c. 42)
33 An offence under any of the following provisions of the Sexual Offences Act 2003—
section 1 (rape)
section 2 (assault by penetration)
section 3 (sexual assault)
section 4 (causing person to engage in sexual activity without consent)
section 5 (rape of child under 13)
section 6 (assault of child under 13 by penetration)
section 7 (sexual assault of child under 13)
section 8 (causing or inciting child under 13 to engage in sexual activity)
section 9 (sexual activity with a child)
section 10 (causing or inciting a child to engage in sexual activity)
section 13 (child sex offences committed by children or young persons)
section 14 (arranging or facilitating commission of child sex offence)
section 15 (meeting a child following sexual grooming)
section 16 (abuse of position of trust: sexual activity with a child)
section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity)
section 18 (abuse of position of trust: sexual activity in presence of child)
section 19 (abuse of position of trust: causing a child to watch a sexual act)
section 25 (sexual activity with a child family member)
section 26 (inciting a child family member to engage in sexual activity)
section 30 (sexual activity with a person with a mental disorder impeding choice)
section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity)
section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice)
section 33 (causing a person with a mental disorder impeding choice to watch a sexual act)
section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)
section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception)
section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder)
section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception)
section 38 (care workers: sexual activity with a person with a mental disorder)
section 39 (care workers: causing or inciting sexual activity)
section 40 (care workers: sexual activity in the presence of a person with a mental disorder)
section 41 (care workers: causing a person with a mental disorder to watch a sexual act)
section 47 (paying for sexual services of a child)
section 48 (causing or inciting child prostitution or pornography)
section 49 (controlling a child prostitute or a child involved in pornography)
section 50 (arranging or facilitating child prostitution or pornography)
section 61 (administering a substance with intent)
section 62 (committing offence with intent to commit sexual offence)
section 63 (trespass with intent to commit sexual offence)
section 64 (sex with an adult relative: penetration)
section 65 (sex with an adult relative: consenting to penetration)
section 66 (exposure)
section 66A (sending etc photograph or film of genitals)
section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation)
section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification)
section 67 (voyeurism)
section 67A (voyeurism: additional offences)
section 70 (sexual activity with a corpse).
Domestic Violence, Crime and Victims Act 2004 (c. 28)
34 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
Terrorism Act 2006 (c. 11)
35 An offence under any of the following provisions of the Terrorism Act 2006—
section 1 (encouragement of terrorism)
section 2 (dissemination of terrorist publications)
section 5 (preparation of terrorist acts)
section 6 (training for terrorism)
section 8 (attendance at a place used for terrorist training)
section 9 (making or possession of radioactive device or material)
section 10 (use of radioactive device or material for terrorist purposes)
section 11 (terrorist threats relating to radioactive devices etc).
Counter-Terrorism Act 2008 (c.28)
35ZA An offence under section 54 of the Counter-Terrorism Act 2008 (offences relating to notification).
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
35ZB An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (contravention of terrorism prevention and investigation measures notice).
Counter-Terrorism and Security Act 2015 (c. 6)
35ZC An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or notice).
Serious Crime Act 2015
35A An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
Modern Slavery Act 2015 (c. 30)
36 An offence under any of the following provisions of the Modern Slavery Act 2015—
section 1 (slavery, servitude and forced or compulsory labour)
section 2 (human trafficking).
36A An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—
paragraph 1 (hijacking of spacecraft)
paragraph 2 (destroying, damaging or endangering safety of spacecraft)
paragraph 3 (other acts endangering or likely to endanger safety of spacecraft)
paragraph 4 (endangering safety at spaceports)
paragraph 5 (offences in relation to certain dangerous articles).
Health and Care Act 2022
36B An offence under any of the following provisions of the Health and Care Act 2022—
(a) section 136 (virginity testing);
(b) section 137 (offering to carry out virginity testing);
(c) section 138 (aiding or abetting etc a person to carry out virginity testing);
(d) section 148 (carrying out hymenoplasty);
(e) section 149 (offering to carry out hymenoplasty);
(f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).
National Security Act 2023
36C An offence under any of the following provisions of the National Security Act 2023—
section 1 (obtaining or disclosing protected information);
section 2 (obtaining or disclosing trade secrets);
section 3 (assisting a foreign intelligence service);
section 4 (entering a prohibited place for a purpose prejudicial to the UK);
section 12 (sabotage);
section 13 (foreign interference: general);
section 17 (obtaining material benefits from a foreign intelligence service);
section 18 (preparatory conduct).
Ancillary offences
37 (1) An offence of attempting or conspiring to commit an offence listed in this Schedule.
(2) An offence committed by aiding, abetting, counselling or procuring an offence listed in this Schedule.
(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.
Section 57
PART 1 Amendments relating to offences
Children and Young Persons Act 1933 (c. 12)
1 (1) Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions of the Act apply) is amended as follows.
(2) In the first entry relating to the Sexual Offences Act 2003 omit “59A to”.
(3) Omit the entry relating to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
(4) After that entry insert— “ An offence against a child or young person under section 2 of the Modern Slavery Act 2015 (human trafficking), or any attempt to commit such an offence. ”
Immigration Act 1971 (c. 77)
2 In section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a passenger” to the end substitute “ the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). ”
Police and Criminal Evidence Act 1984 (c. 60)
3 In section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”) after paragraph (r) insert—
(s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
Sexual Offences (Amendment) Act 1992 (c. 34)
4 In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under law of England and Wales to which the Act applies)—
(a) after paragraph (da) insert—
(db) any offence under section 2 of the Modern Slavery Act 2015 (human trafficking);
;
(b) in paragraph (e) for “(da)” substitute “ (db) ”.
Sexual Offences Act 2003 (c. 42)
5 (1) The Sexual Offences Act 2003 is amended as follows.
(2) Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and detention).
(3) In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 63A insert—
63B An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
(4) In Schedule 6, omit paragraphs 31(2)(b) and 46(2).
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
6 (1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows.
(2) Omit section 4 (trafficking people for exploitation).
(3) In section 5 (section 4 - supplementary provision) omit subsections (3) to (7) and (11).
(4) In section 14(2) (immigration officers' power of arrest)—
(a) omit paragraphs (n) and (p);
(b) after paragraph (q) insert—
(r) an offence under section 2 of the Modern Slavery Act 2015.
Serious Crime Act 2007 (c. 27)
7 (1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows.
(2) After paragraph 1 insert—
Slavery etc
1A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).
(3) In paragraph 2, at the end insert—
(4) An offence under section 2 of the Modern Slavery Act 2015.
Coroners and Justice Act 2009 (c. 25)
8 Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Protection of Freedoms Act 2012 (c. 9)
9 (1) The Protection of Freedoms Act 2012 is amended as follows.
(2) Omit sections 109 and 110.
(3) In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
10 In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking victims: definitions), in the definition of “exploitation” for the words from “section” to the end substitute “ section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act); ”.
PART 2 Amendments relating to slavery and trafficking reparation orders
Administration of Justice Act 1970 (c. 31)
11 (1) The Administration of Justice Act 1970 is amended as follows.
(2) In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “ , 12B or 12C ”.
(3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph 12B insert—
12C Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.
Criminal Justice Act 1991 (c. 53)
12 (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.
(2) In subsection (1), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
(3) In subsection (3)(b), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
(4) In subsection (4), after the definition of “prescribed” insert—
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
13 In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), for “2000 or” substitute “ 2000, section 8 of the Modern Slavery Act 2015, ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime Act 2002 (c. 29)
15 In section 13(3A) of the Proceeds of Crime Act 2002 (effect of confiscation order on court’s other powers), after paragraph (c) insert—
(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 In section 308 of the Proceeds of Crime Act 2002 (general exceptions to concept of recoverable property) after subsection (4) insert—
(4A) If—
(a) a payment is made to a person in pursuance of a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, and
(b) apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
22 In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).
Courts Act 2003 (c. 39)
23 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
(2) In paragraph 2(2)—
(a) omit the “and” at the end of the definition of “a sum required to be paid by a compensation order”;
(b) after the definition of “a sum required to be paid by an unlawful profit order” insert—
“a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
(3) In paragraph 7A(1) for “or an unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
(4) In paragraph 13(1)(aa)—
(a) for “or a sum” substitute “ , a sum ”;
(b) after “unlawful profit order” insert “ or a sum required to be paid by a slavery and trafficking reparation order ”;
(c) in sub-paragraph (i) for “or the” substitute “ , the ”;
(d) in that sub-paragraph after “unlawful profit order” insert “ or the amount required to be paid by the slavery and trafficking reparation order ”.
Criminal Justice Act 2003 (c. 44)
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
26 In paragraph 1 of Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges: exempted payments)—
(a) omit “or” at the end of sub-paragraph (b);
(b) at the end of sub-paragraph (c) insert
or
(d) section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).
Prevention of Social Housing Fraud Act 2013 (c. 3)
27 (1) The Prevention of Social Housing Fraud Act 2013 is amended as follows.
(2) In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act 2000 to unlawful profit orders)—
(a) for the words from “133(3)(c)” to “confiscation order or” substitute “ 133(3)(c)(ii) to an unlawful profit order under section 4 were to ”;
(b) omit the second “(or both)”.
(3) In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).