Search Legislation

Human Trafficking and Exploitation (Scotland) Act 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 23

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Human Trafficking and Exploitation (Scotland) Act 2015, Section 23. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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.

Back to top

Options/Help

Print Options

Close

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.

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

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.

Close

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