SCHEDULES

SCHEDULE 5Minor and consequential amendments

PART 2Amendments relating to slavery and trafficking reparation orders

Administration of Justice Act 1970 (c. 31)

I1211

1

The Administration of Justice Act 1970 is amended as follows.

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—

F312C

Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.

Criminal Justice Act 1991 (c. 53)

I112

1

Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.

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;

Social Security (Recovery of Benefits) Act 1997 (c. 27)

I213

In 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, ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F614

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Proceeds of Crime Act 2002 (c. 29)

I13F415

In 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.

I316

In section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “ in relation to it ”.

I417

In section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “ in relation to it ”.

I518

In section 32(7)(b) of the Proceeds of Crime Act 2002 (court's powers on appeal) at the end insert “ in relation to it ”.

I619

In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme Court) at the end insert “ in relation to it ”.

F520

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I721

In 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.

I822

In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).

Courts Act 2003 (c. 39)

I923

1

Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

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 ”.

Criminal Justice Act 2003 (c. 44)

F724

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F825

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Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

I1026

In 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).

Prevention of Social Housing Fraud Act 2013 (c. 3)

27

I111

The Prevention of Social Housing Fraud Act 2013 is amended as follows.

I112

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)”.

I143

In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).