2016 No. 244
The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016
Made
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 57(2) and (3) of the Modern Slavery Act 20151, section 93(1) and (2) of the Criminal Justice and Courts Act 20152 and section 85(2) and (3)(c) of the Serious Crime Act 20153.
In accordance with section 58(3) and (4)(k) of the Modern Slavery Act 2015, section 93(5) of the Criminal Justice and Courts Act 2015 and section 85(5) of the Serious Crime Act 2015 a draft of these Regulations has been laid before and approved by resolution of each House of Parliament.
PART 1GENERAL PROVISIONS
Citation, commencement, application and interpretation1
1
These Regulations may be cited as the Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 and come into force on the twenty first day after the day on which they are made.
2
Regulations 6 and 7 apply to England only.
3
In these Regulations, “the 2015 Act” means the Modern Slavery Act 2015.
PART 2AMENDMENTS CONSEQUENTIAL ON THE 2015 ACT
Amendment to the Visiting Forces Act 1952
2
The Visiting Forces Act 19524 is amended as follows.
3
In paragraph 1 of the Schedule (offences referred to in section 3) in sub-paragraph (b) insert at the end—
xv
sections 1 and 2 of the Modern Slavery Act 2015;
Amendment to the Police and Criminal Evidence Act 1984
4
The Police and Criminal Evidence Act 19845 is amended as follows.
5
In section 80(7) (compellability of accused’s spouse or civil partner), at the end insert—
, or an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Amendment to the Housing Act 1985
6
The Housing Act 19856 is amended as follows.
7
In Schedule 2A (absolute grounds for possession for anti-social behaviour: serious offences) after paragraph 29 insert—
Modern slavery29A
An offence under either of the following sections of the Modern Slavery Act 2015—
a
section 1 (slavery, servitude and forced or compulsory labour),
b
section 2 (human trafficking).
Amendments to the Crime and Disorder Act 1998
8
The Crime and Disorder Act 19987 is amended as follows.
9
In section 51C(3) (notices in certain cases involving children)—
a
after paragraph (d) insert—
da
under section 1 or 2 of the Modern Slavery Act 2015;
b
in paragraph (e) for “or (d)” substitute “, (d) or (da)”.
Amendments to the Youth Justice and Criminal Evidence Act 1999
10
The Youth Justice and Criminal Evidence Act 19998 is amended as follows.
11
In section 35(3)(a) (child complainants and other child witnesses)—
a
omit the “or” at the end of sub-paragraph (v);
b
at the end of sub-paragraph (vi) insert “or”;
c
after sub-paragraph (vi) insert—
vii
sections 1 and 2 of the Modern Slavery Act 2015;
12
In section 62 (meaning of “sexual offence” and other references to offences) for subsection (1) substitute—
1
In this Part “sexual offence” means any offence under—
a
Part 1 of the Sexual Offences Act 2003 or any relevant superseded offence; or
b
section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Amendment to the Sexual Offences Act 2003
13
The Sexual Offences Act 20039 is amended as follows.
14
After section 136A(3A)(c) (meaning of specified child sex offences) insert—
d
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed against a person under 18 with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Amendment to the Armed Forces Act 2006
15
The Armed Forces Act 200610 is amended as follows.
16
In paragraph 12 of Schedule 2 (Schedule 2 offences) after sub-paragraph (ax) insert—
ay
an offence under section 1 or 2 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour and human trafficking).
Amendment to the Criminal Justice and Immigration Act 2008
17
The Criminal Justice and Immigration Act 200811 is amended as follows.
18
After section 80(5)(b) (requests to other member states) insert—
ba
any sum payable under a slavery and trafficking reparation order (within the meaning of section 8 of the Modern Slavery Act 2015);
Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
19
The Legal Aid, Sentencing and Punishment of Offenders Act 201212 is amended as follows.
20
In paragraph 39(3) of Part 1 of Schedule 1 (sexual offences), in the definition of “sexual offence”—
a
in paragraph (a), after the comma omit “and”;
b
at the end of paragraph (b) insert—
, and
c
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Amendments to the Anti-social Behaviour, Crime and Policing Act 2014
21
The Anti-social Behaviour, Crime and Policing Act 201413 is amended as follows.
22
In section 116 (information about guests at hotels believed to be used for child sexual exploitation)—
a
in subsection (7) in the definition of “child sexual exploitation” after “an offence listed in subsection (8)(c)” insert “or (d)”;
b
in subsection (8) after paragraph (c) insert—
d
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Amendments to the Serious Crime Act 2015
23
The Serious Crime Act 201514 is amended as follows.
24
In section 69(8) (possession of paedophile manual), in the definition of “abusing children sexually”—
a
in paragraph (a), omit “or” at the end;
b
in paragraph (b), insert “or” at the end;
c
after paragraph (b) insert—
c
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),
PART 3AMENDMENTS TO THE 2015 ACT CONSEQUENTIAL ON OTHER ACTS
Amendments in consequence of section 54 of the Criminal Justice and Courts Act 201525
In paragraph 11 of Schedule 5 to the 2015 Act (minor and consequential amendments relating to slavery and trafficking reparation orders)—
a
in sub-paragraph (2), for “13A or 13B” substitute “12B or 12C”; and
b
in sub-paragraph (3)—
i
for “13A” substitute “12B”; and
ii
for “13B” substitute “12C”.
Amendments in consequence of section 6 of the Serious Crime Act 2015
26
For paragraph 15 of Schedule 5 to the 2015 Act substitute—
15
In section 13(3A)15 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.
27
Omit paragraph 20 of Schedule 5 to the 2015 Act.
Amendment in consequence of section 8 of the Serious Crime Act 201528
In section 10(6) of the 2015 Act after “section 24” insert or “25A”.
(This note is not part of the Regulations)