Explanatory note

These Regulations bring into force on 1 February 2027 (so far as not already in force) section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) for the purpose of making notifications in relation to adults who have not consented to enter the National Referral Mechanism (as defined in regulation 1(2)). Notifications under section 38 will be a key source of statistical information about victims of the offences of human trafficking and slavery, servitude and forced or compulsory labour. Such information is already available from the National Referral Mechanism in respect of children, since children are automatically referred to the National Referral Mechanism, and in respect of adults who consent to be referred to the National Referral Mechanism. Commencement of section 38 in respect of adults who have not agreed to be referred will therefore close a gap in the information that is available.

The Bill for the Act received Royal Assent on 4 November 2015. Section 45(1) brought into force sections 40, 41, 42, 44, 45 and 46 on the day after Royal Assent.