The Modern Slavery Act 2015 (Consequential Amendments) Regulations 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.