- Latest available (Revised)
- Original (As enacted)
Human Trafficking and Exploitation (Scotland) Act 2015
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Human Trafficking and Exploitation (Scotland) Act 2015, Section 23 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 23:
- s. 9(10) inserted by 2023 c. 37 s. 28(3)
- s. 10(3) inserted by 2023 c. 37 s. 28(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(10) inserted by 2023 c. 37 s. 28(3)
- s. 10(3) inserted by 2023 c. 37 s. 28(4)
23Orders on application: variation, renewal and dischargeS
This section has no associated Explanatory Notes
(1)This section applies to a trafficking and exploitation prevention order—
(a)made under section 18, or
(b)varied or renewed following an application made under this section.
(2)On the application of a person mentioned in subsection (3), the appropriate sheriff may—
(a)vary, renew or discharge a prohibition or requirement in, or add a prohibition or requirement to, the order,
(b)renew the order,
(c)discharge the order.
(3)The persons are—
(a)the adult in respect of whom the order was made,
(b)the chief constable.
(4)The “appropriate sheriff” means—
(a)the sheriff who made the order,
(b)a sheriff in the sheriffdom of that sheriff, or
(c)a sheriff in the sheriffdom in which—
(i)the adult in respect of whom the order was made is resident at the time of the application,
(ii)the chief constable believes that adult to be, or
(iii)the chief constable believes that adult intends to come to.
(5)Before determining an application under this section, the sheriff must give an opportunity to make representations to—
(a)the adult in respect of whom the order was made, and
(b)the chief constable.
(6)After taking into account any such representations, the sheriff may make such order as the sheriff thinks appropriate.
(7)The sheriff may—
(a)vary, renew or add a prohibition or requirement under subsection (2)(a) or renew an order under subsection (2)(b) only if the sheriff is satisfied that—
(i)since the adult in respect of whom the order was made first became a relevant offender, that adult has acted in a way which means that there is a risk that the adult may commit a relevant trafficking or exploitation offence, and
(ii)each prohibition or requirement in the order (as it is to have effect following the renewal, variation or addition) is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the adult committed such an offence,
(b)discharge a prohibition or requirement under subsection (2)(a) or discharge an order under subsection (2)(c) only if the sheriff is satisfied that—
(i)there is no longer a risk that the adult in respect of whom the order was made may commit a relevant trafficking or exploitation offence, or
(ii)the prohibition or requirement or, as the case may be, the order is no longer necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the adult committed such an offence.
(8)The actions which the sheriff may consider for the purposes of subsection (7)(a)(i) include those which took place before this section comes into force.
(9)Sections 20 and 21 apply to a trafficking and exploitation prevention order (and a prohibition or requirement in an order) as varied or renewed under this section as they apply to the making of a trafficking and exploitation prevention order.
Commencement Information
I1S. 23 in force at 30.6.2017 by S.S.I. 2017/140, reg. 2, sch.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.