- Latest available (Revised)
- Point in Time (17/12/2016)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 17/12/2016. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Modern Slavery Act 2015, SCHEDULE 5 is up to date with all changes known to be in force on or before 01 September 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 57
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
I1Sch. 5 para. 1 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6, 8)
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
I2Sch. 5 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 4, 8)
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
I3Sch. 5 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I4Sch. 5 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I5Sch. 5 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
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
I6Sch. 5 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6-8)
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—
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
I7Sch. 5 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
8E+W+SOmit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Commencement Information
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
I9Sch. 5 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
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
I10Sch. 5 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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 “ , [F112B or 12C] ”.
(3)In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph [F212B] insert—
[F3“12C]Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.”
Textual Amendments
F1Words 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)
F2Word 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)
F3Word 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
I11Sch. 5 para. 11 in force at 17.3.2016 by S.I. 2016/243, reg. 2(a)
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
I12Sch. 5 para. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I13Sch. 5 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I14Sch. 5 para. 14 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
[F415E+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
F4Sch. 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
I15Sch. 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
I16Sch. 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
I17Sch. 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
I18Sch. 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
I19Sch. 5 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Prospective
F520E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 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
I20Sch. 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
I21Sch. 5 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I22Sch. 5 para. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I23Sch. 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
I24Sch. 5 para. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I25Sch. 5 para. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I26Sch. 5 para. 27(1)(2) in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
I27Sch. 5 para. 27(3) in force at 17.3.2016 by S.I. 2016/243, reg. 2(c)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Text created by the government department responsible for the subject matter of the Act 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: