SCHEDULES
Section 14
SCHEDULE 1E+W+SSlavery and human trafficking offences
Nationality, Immigration and Asylum Act 2002 (c. 41)E+W+S
1E+W+SAn offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (trafficking for prostitution).
Commencement Information
I1Sch. 1 para. 1 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Sexual Offences Act 2003 (c. 42)E+W+S
2(1)An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act 2003 (trafficking for sexual exploitation).E+W+S
(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.
Commencement Information
I2Sch. 1 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g) (with regs. 6, 8)
Criminal Justice (Scotland) Act 2003 (asp 7)E+W+S
3E+W+SAn offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).
Commencement Information
I3Sch. 1 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)E+W+S
4E+W+SAn offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation).
Commencement Information
I4Sch. 1 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g) (with regs. 6, 8)
Coroners and Justice Act 2009 (c. 25)E+W+S
5E+W+SAn offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Commencement Information
I5Sch. 1 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g) (with regs. 5, 8)
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)E+W+S
6E+W+SAn offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).
Commencement Information
I6Sch. 1 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Modern Slavery Act 2015 (c. 30)E+W+S
7E+W+SAn offence under section 1, 2 or 4 of this Act.
Commencement Information
I7Sch. 1 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))E+W+S
8E+W+SAn 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).
Commencement Information
I8Sch. 1 para. 8 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
[F1Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)E+W+S
Textual Amendments
F1Sch. 1 para. 8A and cross-heading inserted (17.12.2016) by The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1031), art. 1(1), Sch. para. 3(6)
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).E+W+S
(2)An offence aggravated by a connection with human trafficking activity in accordance with section 5 of that Act (general aggravation of offence).]
Ancillary offencesE+W+S
9(1)An offence of attempting or conspiring to commit an offence listed in this Schedule.E+W+S
(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.
Commencement Information
I9Sch. 1 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Sections 35, 36 and 37
SCHEDULE 2E+W+SEnforcement powers in relation to ships
PART 1E+W+SEngland and Wales
IntroductoryE+W+S
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).E+W+S
(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.
Commencement Information
I10Sch. 2 para. 1 in force for specified purposes at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to stop, board, divert and detainE+W+S
2(1)This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that—E+W+S
(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.
Commencement Information
I11Sch. 2 para. 2 in force for specified purposes at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to search and obtain informationE+W+S
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—E+W+S
(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).
Commencement Information
I12Sch. 2 para. 3 in force at 8.8.2016 for specified purposes by S.I. 2016/740, reg. 2(e)
Power of arrest and seizureE+W+S
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.E+W+S
(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).
Commencement Information
I13Sch. 2 para. 4 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Code of practiceE+W+S
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.E+W+S
(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.
Commencement Information
I14Sch. 2 para. 5 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
AssistantsE+W+S
6(1)An English and Welsh constable or an enforcement officer may—E+W+S
(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.
Commencement Information
I15Sch. 2 para. 6 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Reasonable forceE+W+S
7E+W+SAn 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.
Commencement Information
I16Sch. 2 para. 7 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Evidence of authorityE+W+S
8E+W+SAn English and Welsh constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Commencement Information
I17Sch. 2 para. 8 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Protection of constables and enforcement officersE+W+S
9E+W+SAn 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.
Commencement Information
I18Sch. 2 para. 9 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
OffencesE+W+S
10(1)A person commits an offence under the law of England and Wales if the person—E+W+S
(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.
Commencement Information
I19Sch. 2 para. 10 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
PART 2E+W+SScotland
IntroductoryE+W+S
11(1)This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4).E+W+S
(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.
Commencement Information
I20Sch. 2 para. 11 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to stop, board, divert and detainE+W+S
12(1)This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—E+W+S
(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.
Commencement Information
I21Sch. 2 para. 12 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to search and obtain informationE+W+S
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—E+W+S
(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).
Commencement Information
I22Sch. 2 para. 13 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power of arrest and seizureE+W+S
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.E+W+S
(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).
Commencement Information
I23Sch. 2 para. 14 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
AssistantsE+W+S
15(1)A Scottish constable or an enforcement officer may—E+W+S
(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.
Commencement Information
I24Sch. 2 para. 15 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Reasonable forceE+W+S
16E+W+SA Scottish constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Commencement Information
I25Sch. 2 para. 16 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Evidence of authorityE+W+S
17E+W+SA Scottish constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Commencement Information
I26Sch. 2 para. 17 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
OffencesE+W+S
18(1)A person commits an offence under the law of Scotland if the person—E+W+S
(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.
Commencement Information
I27Sch. 2 para. 18 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
PART 3E+W+SNorthern Ireland
IntroductoryE+W+S
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).E+W+S
(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.
Commencement Information
I28Sch. 2 para. 19 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to stop, board, divert and detainE+W+S
20(1)This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that—E+W+S
(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.
Commencement Information
I29Sch. 2 para. 20 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power to search and obtain informationE+W+S
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—E+W+S
(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).
Commencement Information
I30Sch. 2 para. 21 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Power of arrest and seizureE+W+S
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.E+W+S
(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).
Commencement Information
I31Sch. 2 para. 22 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Code of practiceE+W+S
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.E+W+S
(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)).
Commencement Information
I32Sch. 2 para. 23 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
AssistantsE+W+S
24(1)A Northern Ireland constable or an enforcement officer may—E+W+S
(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.
Commencement Information
I33Sch. 2 para. 24 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Reasonable forceE+W+S
25E+W+SA Northern Ireland constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Commencement Information
I34Sch. 2 para. 25 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Evidence of authorityE+W+S
26E+W+SA Northern Ireland constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.
Commencement Information
I35Sch. 2 para. 26 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Protection of constables and enforcement officersE+W+S
27E+W+SA 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.
Commencement Information
I36Sch. 2 para. 27 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
OffencesE+W+S
28(1)A person commits an offence under the law of Northern Ireland if the person—E+W+S
(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.
Commencement Information
I37Sch. 2 para. 28 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Section 43
SCHEDULE 3E+W+SPublic authorities under a duty to co-operate with the Commissioner
Commencement Information
I38Sch. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(h)
Law enforcement and border securityE+W+S
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 governmentE+W+S
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 bodiesE+W+S
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.
RegulatorsE+W+S
Textual Amendments
F2Words in Sch. 3 substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 34; S.I. 2016/603, reg. 3(u)
F3Words in Sch. 3 inserted (25.11.2016) by The Modern Slavery Act 2015 (Duty to Co-operate with Commissioner) Regulations 2016 (S.I. 2016/1043), regs. 1(2), 2
[F4Northern Irish public authorityN.I.
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 Regional Health and Social Care Board
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]
Textual Amendments
F4Words in Sch. 3 inserted (N.I.) (1.4.2016) by The Modern Slavery Act 2015 (Duty to co-operate with Commissioner) (Northern Irish public authority) Regulations (Northern Ireland) 2016 (S.R. 2016/48), regs. 1, 2
Section 45
SCHEDULE 4E+W+SOffences to which defence in section 45 does not apply
Common law offencesE+W+S
1E+W+SFalse imprisonment.
Commencement Information
I39Sch. 4 para. 1 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
2E+W+SKidnapping.
Commencement Information
I40Sch. 4 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
3E+W+SManslaughter.
Commencement Information
I41Sch. 4 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
4E+W+SMurder.
Commencement Information
I42Sch. 4 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
5E+W+SPerverting the course of justice.
Commencement Information
I43Sch. 4 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
6E+W+SPiracy.
Commencement Information
I44Sch. 4 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Offences against the Person Act 1861 (c. 100)E+W+S
7E+W+SAn 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).
Commencement Information
I45Sch. 4 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Explosive Substances Act 1883 (c. 3)E+W+S
8E+W+SAn 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).
Commencement Information
I46Sch. 4 para. 8 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Infant Life (Preservation) Act 1929 (c. 34)E+W+S
9E+W+SAn offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Commencement Information
I47Sch. 4 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Children and Young Persons Act 1933 (c. 12)E+W+S
10E+W+SAn offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
Commencement Information
I48Sch. 4 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)E+W+S
11E+W+SAn offence under section 2 of the Public Order Act 1936 (control etc of quasi-military organisation).
Commencement Information
I49Sch. 4 para. 11 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Infanticide Act 1938 (c. 36)E+W+S
12E+W+SAn offence under section 1 of the Infanticide Act 1938 (infanticide).
Commencement Information
I50Sch. 4 para. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Firearms Act 1968 (c. 27)E+W+S
13E+W+SAn 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).
Commencement Information
I51Sch. 4 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Theft Act 1968 (c. 60)E+W+S
14E+W+SAn 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).
Commencement Information
I52Sch. 4 para. 14 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Criminal Damage Act 1971 (c. 48)E+W+S
15E+W+SThe 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.
Commencement Information
I53Sch. 4 para. 15 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Immigration Act 1971 (c. 77)E+W+S
16E+W+SAn offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state).
Commencement Information
I54Sch. 4 para. 16 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Customs and Excise Management Act 1979 (c. 2)E+W+S
17E+W+SAn 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).
Commencement Information
I55Sch. 4 para. 17 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Taking of Hostages Act 1982 (c. 28)E+W+S
18E+W+SAn offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Commencement Information
I56Sch. 4 para. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Aviation Security Act 1982 (c. 36)E+W+S
19E+W+SAn 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).
Commencement Information
I57Sch. 4 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Mental Health Act 1983 (c. 20)E+W+S
20E+W+SAn offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Commencement Information
I58Sch. 4 para. 20 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Child Abduction Act 1984 (c. 37)E+W+S
21E+W+SAn 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).
Commencement Information
I59Sch. 4 para. 21 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Public Order Act 1986 (c. 64)E+W+S
22E+W+SAn offence under any of the following provisions of the Public Order Act 1986—
section 1 (riot)
section 2 (violent disorder).
Commencement Information
I60Sch. 4 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Criminal Justice Act 1988 (c. 33)E+W+S
23E+W+SAn offence under section 134 of the Criminal Justice Act 1988 (torture).
Commencement Information
I61Sch. 4 para. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Road Traffic Act 1988 (c. 52)E+W+S
24E+W+SAn 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).
Commencement Information
I62Sch. 4 para. 24 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Aviation and Maritime Security Act 1990 (c. 31)E+W+S
25E+W+SAn 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).
Commencement Information
I63Sch. 4 para. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)E+W+S
26E+W+SAn offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Commencement Information
I64Sch. 4 para. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Protection from Harassment Act 1997 (c. 40)E+W+S
27E+W+SAn 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).
Commencement Information
I65Sch. 4 para. 27 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Crime and Disorder Act 1998 (c. 37)E+W+S
28E+W+SAn 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).
Commencement Information
I66Sch. 4 para. 28 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Terrorism Act 2000 (c. 11)E+W+S
29E+W+SAn offence under any of the following provisions of the Terrorism Act 2000—
section 54 (weapons training)
section 56 (directing terrorist organisation)
section 57 (possession of article for terrorist purposes)
section 59 (inciting terrorism overseas).
Commencement Information
I67Sch. 4 para. 29 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
International Criminal Court Act 2001 (c. 17)E+W+S
30E+W+SAn 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).
Commencement Information
I68Sch. 4 para. 30 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Anti-terrorism, Crime and Security Act 2001 (c. 24)E+W+S
31E+W+SAn 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 113 (use of noxious substance or thing to cause harm or intimidate).
Commencement Information
I69Sch. 4 para. 31 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Female Genital Mutilation Act 2003 (c. 31)E+W+S
32E+W+SAn 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).
Commencement Information
I70Sch. 4 para. 32 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sexual Offences Act 2003 (c. 42)E+W+S
33E+W+SAn 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 67 (voyeurism)
section 70 (sexual penetration of a corpse).
Commencement Information
I71Sch. 4 para. 33 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i) (with regs. 6, 8)
Domestic Violence, Crime and Victims Act 2004 (c. 28)E+W+S
34E+W+SAn 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).
Commencement Information
I72Sch. 4 para. 34 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Terrorism Act 2006 (c. 11)E+W+S
35E+W+SAn offence under any of the following provisions of the Terrorism Act 2006—
section 5 (preparation of terrorist acts)
section 6 (training for terrorism)
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).
Commencement Information
I73Sch. 4 para. 35 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Modern Slavery Act 2015 (c. 30)E+W+S
36E+W+SAn 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).
Commencement Information
I74Sch. 4 para. 36 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Ancillary offencesE+W+S
37(1)An offence of attempting or conspiring to commit an offence listed in this Schedule.E+W+S
(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.
Commencement Information
I75Sch. 4 para. 37 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Section 54A
[F5SCHEDULE 4AE+WInformation gateways: specified persons
Textual Amendments
F5Sch. 4A inserted (E.W.) (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 35; S.I. 2016/603, reg. 3(u)
Authorities with functions in connection with the labour market etcE+W
The Secretary of State.
A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.
Law enforcement and border securityE+W
A chief officer of police for a police area in England and Wales.
The chief constable of the British Transport Police Force.
An immigration officer.
Local governmentE+W
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 bodiesE+W
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.
OtherE+W
The Independent Anti-slavery Commissioner.]
Section 57
SCHEDULE 5E+W+SMinor and consequential amendments
PART 1E+W+SAmendments relating to offences
Children and Young Persons Act 1933 (c. 12)E+W+S
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.E+W+S
(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. ”
Commencement Information
I76Sch. 5 para. 1 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6, 8)
Immigration Act 1971 (c. 77)E+W+S
2E+W+SIn 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). ”
Commencement Information
I77Sch. 5 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 4, 8)
Police and Criminal Evidence Act 1984 (c. 60)E+W+S
3E+W+SIn 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).”
Commencement Information
I78Sch. 5 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Sexual Offences (Amendment) Act 1992 (c. 34)E+W+S
4E+W+SIn 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) ”.
Commencement Information
I79Sch. 5 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Sexual Offences Act 2003 (c. 42)E+W+S
5(1)The Sexual Offences Act 2003 is amended as follows.E+W+S
(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—
“63BAn offence under section 2 of the Modern Slavery Act 2015 (human trafficking).”
(4)In Schedule 6, omit paragraphs 31(2)(b) and 46(2).
Commencement Information
I80Sch. 5 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)E+W+S
6(1)The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows.E+W+S
(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.”
Commencement Information
I81Sch. 5 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6-8)
Serious Crime Act 2007 (c. 27)E+W+S
7(1)Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows.E+W+S
(2)After paragraph 1 insert—
“Slavery etcE+W+S
1AAn 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.”
Commencement Information
I82Sch. 5 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Coroners and Justice Act 2009 (c. 25)E+W+S
8E+W+SOmit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Commencement Information
Protection of Freedoms Act 2012 (c. 9)E+W+S
9(1)The Protection of Freedoms Act 2012 is amended as follows.E+W+S
(2)Omit sections 109 and 110.
(3)In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.
Commencement Information
I84Sch. 5 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)E+W+S
10E+W+SIn 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); ”.
Commencement Information
I85Sch. 5 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
PART 2E+W+SAmendments relating to slavery and trafficking reparation orders
Administration of Justice Act 1970 (c. 31)E+W+S
11(1)The Administration of Justice Act 1970 is amended as follows.E+W+S
(2)In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “ , [F612B or 12C] ”.
(3)In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph [F712B] insert—
[F8“12C]Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.”
Textual Amendments
F6Words in Sch. 5 para. 11(2) substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 25(a)
F7Word in Sch. 5 para. 11(3) substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 25(b)(i)
F8Word in Sch. 5 para. 11(3) substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 25(b)(ii)
Commencement Information
I86Sch. 5 para. 11 in force at 17.3.2016 by S.I. 2016/243, reg. 2(a)
Criminal Justice Act 1991 (c. 53)E+W+S
12(1)Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.E+W+S
(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;”.
Commencement Information
I87Sch. 5 para. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Social Security (Recovery of Benefits) Act 1997 (c. 27)E+W+S
13E+W+SIn 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, ”.
Commencement Information
I88Sch. 5 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+S
14E+W+SIn section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (review of compensation orders), for the words from “a confiscation order” to the end substitute “any or all of the following made against him in the same proceedings—
(i)a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002;
(ii)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;
(iii)a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015; or”.
Commencement Information
I89Sch. 5 para. 14 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Proceeds of Crime Act 2002 (c. 29)E+W+S
[F915E+W+SIn 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.”]
Textual Amendments
F9Sch. 5 para. 15 substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 26
Commencement Information
I90Sch. 5 para. 15 in force at 17.3.2016 by S.I. 2016/243, reg. 2(b)
16E+W+SIn section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “ in relation to it ”.
Commencement Information
I91Sch. 5 para. 16 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
17E+W+SIn section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “ in relation to it ”.
Commencement Information
I92Sch. 5 para. 17 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
18E+W+SIn section 32(7)(b) of the Proceeds of Crime Act 2002 (court's powers on appeal) at the end insert “ in relation to it ”.
Commencement Information
I93Sch. 5 para. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
19E+W+SIn section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme Court) at the end insert “ in relation to it ”.
Commencement Information
I94Sch. 5 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Prospective
F1020E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 5 para. 20 omitted (17.3.2016) by virtue of The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 27
21E+W+SIn 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.”
Commencement Information
I95Sch. 5 para. 21 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
22E+W+SIn Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).
Commencement Information
I96Sch. 5 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Courts Act 2003 (c. 39)E+W+S
23(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.E+W+S
(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 ”.
Commencement Information
I97Sch. 5 para. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Criminal Justice Act 2003 (c. 44)E+W+S
24E+W+SIn section 151(5) of the Criminal Justice Act 2003 (orders for persistent offenders previously fined) after “2013” insert “ or a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015 ”.
Commencement Information
I98Sch. 5 para. 24 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
25(1)Section 161A of the Criminal Justice Act 2003 (court's duty to order payment of surcharge) is amended as follows.E+W+S
(2)In subsection (3)—
(a)in paragraph (a) for the words from “a” to “both)” substitute “ one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order ”;
(b)in paragraph (b) for the words from “and appropriate compensation” to the end substitute “ and appropriate amounts under such of those orders as it would be appropriate to make, ”.
(3)In subsection (5) for “this section” substitute “this section —
slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and”.
Commencement Information
I99Sch. 5 para. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)E+W+S
26E+W+SIn 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).”
Commencement Information
I100Sch. 5 para. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Prevention of Social Housing Fraud Act 2013 (c. 3)E+W+S
27(1)The Prevention of Social Housing Fraud Act 2013 is amended as follows.E+W+S
(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).
Commencement Information
I101Sch. 5 para. 27(1)(2) in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
I102Sch. 5 para. 27(3) in force at 17.3.2016 by S.I. 2016/243, reg. 2(c)