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The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016

S.I. 2016/244 · Made 25 February 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Modern Slavery

Made 25th February 2016

Coming into force in accordance with regulation 1(1)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 57(2) and (3) of the Modern Slavery Act 2015f1, section 93(1) and (2) of the Criminal Justice and Courts Act 2015f2 and section 85(2) and (3)(c) of the Serious Crime Act 2015f3.

In accordance with section 58(3) and (4)(k) of the Modern Slavery Act 2015, section 93(5) of the Criminal Justice and Courts Act 2015 and section 85(5) of the Serious Crime Act 2015 a draft of these Regulations has been laid before and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2015 c. 30.

f2

2015 c. 2.

f3

2015 c. 9.

Contents

  1. Part 1: GENERAL PROVISIONS
  2. 1Citation, commencement, application and interpretation
  3. Part 2: AMENDMENTS CONSEQUENTIAL ON THE 2015 ACT
  4. 2Amendment to the Visiting Forces Act 1952
  5. 3Amendment to the Visiting Forces Act 1952
  6. 4Amendment to the Police and Criminal Evidence Act 1984
  7. 5Amendment to the Police and Criminal Evidence Act 1984
  8. 6Amendment to the Housing Act 1985
  9. 7Amendment to the Housing Act 1985
  10. 8Amendments to the Crime and Disorder Act 1998
  11. 9Amendments to the Crime and Disorder Act 1998
  12. 10Amendments to the Youth Justice and Criminal Evidence Act 1999
  13. 11Amendments to the Youth Justice and Criminal Evidence Act 1999
  14. 12Amendments to the Youth Justice and Criminal Evidence Act 1999
  15. 13Amendment to the Sexual Offences Act 2003
  16. 14Amendment to the Sexual Offences Act 2003
  17. 15Amendment to the Armed Forces Act 2006
  18. 16Amendment to the Armed Forces Act 2006
  19. 17Amendment to the Criminal Justice and Immigration Act 2008
  20. 18Amendment to the Criminal Justice and Immigration Act 2008
  21. 19Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  22. 20Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
  23. 21Amendments to the Anti-social Behaviour, Crime and Policing Act 2014
  24. 22Amendments to the Anti-social Behaviour, Crime and Policing Act 2014
  25. 23Amendments to the Serious Crime Act 2015
  26. 24Amendments to the Serious Crime Act 2015
  27. Part 3: AMENDMENTS TO THE 2015 ACT CONSEQUENTIAL ON OTHER ACTS
  28. 25Amendments in consequence of section 54 of the Criminal Justice and Courts Act 2015
  29. 26Amendments in consequence of section 6 of the Serious Crime Act 2015
  30. 27Amendments in consequence of section 6 of the Serious Crime Act 2015
  31. 28Amendment in consequence of section 8 of the Serious Crime Act 2015
  32. Signature
  33. Explanatory note

1Citation, commencement, application and interpretation

(1)

These Regulations may be cited as the Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 and come into force on the twenty first day after the day on which they are made.

(2)

Regulations 6 and 7 apply to England only.

(3)

In these Regulations, “the 2015 Act” means the Modern Slavery Act 2015.

2Amendment to the Visiting Forces Act 1952

The Visiting Forces Act 1952f1 is amended as follows.

3Amendment to the Visiting Forces Act 1952

In paragraph 1 of the Schedule (offences referred to in section 3) in sub-paragraph (b) insert at the end—

“(xv)

sections 1 and 2 of the Modern Slavery Act 2015;”.

4Amendment to the Police and Criminal Evidence Act 1984

The Police and Criminal Evidence Act 1984f1 is amended as follows.

5Amendment to the Police and Criminal Evidence Act 1984

In section 80(7) (compellability of accused’s spouse or civil partner), at the end insert—

“, or an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).”.

6Amendment to the Housing Act 1985

The Housing Act 1985f1 is amended as follows.

7Amendment to the Housing Act 1985

In Schedule 2A (absolute grounds for possession for anti-social behaviour: serious offences) after paragraph 29 insert—

“Modern slavery

29A.

An offence under either of the following sections of the Modern Slavery Act 2015—

(a)

section 1 (slavery, servitude and forced or compulsory labour),

(b)

section 2 (human trafficking).”.

8Amendments to the Crime and Disorder Act 1998

The Crime and Disorder Act 1998f1 is amended as follows.

9Amendments to the Crime and Disorder Act 1998

In section 51C(3) (notices in certain cases involving children)—

(a)

after paragraph (d) insert—

“(da)

under section 1 or 2 of the Modern Slavery Act 2015;”;

(b)

in paragraph (e) for “or (d)” substitute “, (d) or (da)”.

10Amendments to the Youth Justice and Criminal Evidence Act 1999

The Youth Justice and Criminal Evidence Act 1999f1 is amended as follows.

11Amendments to the Youth Justice and Criminal Evidence Act 1999

In section 35(3)(a) (child complainants and other child witnesses)—

(a)

omit the “or” at the end of sub-paragraph (v);

(b)

at the end of sub-paragraph (vi) insert “or”;

(c)

after sub-paragraph (vi) insert—

“(vii)

sections 1 and 2 of the Modern Slavery Act 2015;”.

12Amendments to the Youth Justice and Criminal Evidence Act 1999

In section 62 (meaning of “sexual offence” and other references to offences) for subsection (1) substitute—

“(1)

In this Part “sexual offence” means any offence under—

(a)

Part 1 of the Sexual Offences Act 2003 or any relevant superseded offence; or

(b)

section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).”.

13Amendment to the Sexual Offences Act 2003

The Sexual Offences Act 2003f1 is amended as follows.

14Amendment to the Sexual Offences Act 2003

After section 136A(3A)(c) (meaning of specified child sex offences) insert—

“(d)

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed against a person under 18 with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).”.

15Amendment to the Armed Forces Act 2006

The Armed Forces Act 2006f1 is amended as follows.

16Amendment to the Armed Forces Act 2006

In paragraph 12 of Schedule 2 (Schedule 2 offences) after sub-paragraph (ax) insert—

“(ay)

an offence under section 1 or 2 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour and human trafficking).”.

17Amendment to the Criminal Justice and Immigration Act 2008

The Criminal Justice and Immigration Act 2008f1 is amended as follows.

18Amendment to the Criminal Justice and Immigration Act 2008

After section 80(5)(b) (requests to other member states) insert—

“(ba)

any sum payable under a slavery and trafficking reparation order (within the meaning of section 8 of the Modern Slavery Act 2015);”.

19Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012f1 is amended as follows.

20Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

In paragraph 39(3) of Part 1 of Schedule 1 (sexual offences), in the definition of “sexual offence”—

(a)

in paragraph (a), after the comma omit “and”;

(b)

at the end of paragraph (b) insert—

“, and

(c)

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).”.

21Amendments to the Anti-social Behaviour, Crime and Policing Act 2014

The Anti-social Behaviour, Crime and Policing Act 2014f1 is amended as follows.

22Amendments to the Anti-social Behaviour, Crime and Policing Act 2014

In section 116 (information about guests at hotels believed to be used for child sexual exploitation)—

(a)

in subsection (7) in the definition of “child sexual exploitation” after “an offence listed in subsection (8)(c)” insert “or (d)”;

(b)

in subsection (8) after paragraph (c) insert—

“(d)

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).”.

23Amendments to the Serious Crime Act 2015

The Serious Crime Act 2015f1 is amended as follows.

24Amendments to the Serious Crime Act 2015

In section 69(8) (possession of paedophile manual), in the definition of “abusing children sexually”—

(a)

in paragraph (a), omit “or” at the end;

(b)

in paragraph (b), insert “or” at the end;

(c)

after paragraph (b) insert—

“(c)

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),”.

25Amendments in consequence of section 54 of the Criminal Justice and Courts Act 2015

In paragraph 11 of Schedule 5 to the 2015 Act (minor and consequential amendments relating to slavery and trafficking reparation orders)—

(a)

in sub-paragraph (2), for “13A or 13B” substitute “12B or 12C”; and

(b)

in sub-paragraph (3)—

(i)

for “13A” substitute “12B”; and

(ii)

for “13B” substitute “12C”.

26Amendments in consequence of section 6 of the Serious Crime Act 2015

For paragraph 15 of Schedule 5 to the 2015 Act substitute—

“15.

In section 13(3A)f1 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.””.

27Amendments in consequence of section 6 of the Serious Crime Act 2015

Omit paragraph 20 of Schedule 5 to the 2015 Act.

28Amendment in consequence of section 8 of the Serious Crime Act 2015

In section 10(6) of the 2015 Act after “section 24” insert or “25A”.

Signature

Karen Bradley

Parliamentary Under Secretary of State

Home Office

25th February 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations are consequential on the commencement of sections 1 to 3 and 8 to 10 of the Modern Slavery Act 2015 (c. 30) (the Act), which make provision for offences of slavery, servitude and forced or compulsory labour, human trafficking and slavery and trafficking reparation orders.

Regulations 2 to 24 make amendments to primary legislation in consequence of the offences of slavery, servitude and forced or compulsory labour and human trafficking in sections 1 and 2 of the Act; and section 8 which provides the power to make slavery and trafficking reparation orders.

The amendments to Schedule 5 to the Act made by regulation 25 are necessary in light of subsequent amendments to Part 1 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) made by the Criminal Justice and Courts Act 2015 (c. 2) and section 13 of the Proceeds of Crime Act 2002 (c. 29) by the Serious Crime Act 2015 (c. 9). Those amendments have made the consequential amendments in paragraphs 11 and 15 of Schedule 5 to the Act ineffective or unclear. Regulation 27 omits paragraph 20 of Schedule 5 to the 2015 Act, which is no longer needed in light of the amendments made by regulation 25.

Regulation 26 amends section 13 of the Proceeds of Crime Act 2002 to provide that a slavery and trafficking reparation order under section 8 of the Act is a priority order under section 13 of the Proceeds of Crime Act 2002.

The amendment to section 10(6) of the Act made by regulation 28 is necessary in light of the amendment made to the Proceeds of Crime Act 2002 (c. 29) by section 8 of the Serious Crime Act 2015 (c. 9).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.