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The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016

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Scottish Statutory Instruments

2016 No. 128 (C. 12)

Criminal Law

The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016

Made

23rd February 2016

Laid before the Scottish Parliament

25th February 2016

Coming into force

31st May 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 45(2) and (4) of the Human Trafficking and Exploitation (Scotland) Act 2015(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016 and come into force on 31st May 2016.

(2) In these Regulations “the Act” means the Human Trafficking and Exploitation (Scotland) Act 2015.

Appointed day

2.—(1) 31st May 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is described in column 2).

(2) If a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1, that provision comes into force for that purpose only.

Transitory provision – minor and consequential modifications

3.—(1) Paragraph (2) has effect until the end of the period of 3 months beginning on the date on which paragraphs 2, 4 and 5 of the schedule to the Act come into force.

(2) Despite the amendments made by paragraph 3 of that schedule, for the purposes of section 40A(1) of the Antisocial Behaviour etc. (Scotland) Act 2004(2) an “exploitation offence” continues to include any of the following—

(a)an offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.);

(b)an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation); and

(c)an offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

23rd February 2016

Regulation 2

SCHEDULEProvisions of the Act coming into force on 31st May 2016

Column 1

Provisions of the Act

Column 2

Subject matter

Column 3

Purpose

Part 1Offences
Section 8Lord Advocate’s instructions on prosecution of victims of offences
Section 9Support and assistance: victims of offence of human traffickingFor the purpose of making regulations under section 9(2)(b)(i) and (8)
Section 10Support and assistance: victims of an offence under section 4
Section 11Independent child trafficking guardiansFor the purpose of making regulations under section 11(7) and (8)
Section 12Presumption of ageFor the purpose of making regulations under section 12(5)
Part 3Confiscation of property
Section 32Offences
Section 33Enforcement of other UK orders
Section 34(1)Interpretation of Part 4
Section 35Trafficking and exploitation strategy
Section 36Review and publication of strategy
Section 37Duty to co-operate on strategy
Section 38Duty to notify and provide information about victimsFor the purpose of making regulations under section 38(3) and (4)
Section 39Offences by bodies corporate etc.
Section 43Minor and consequential amendments
Schedule, paragraphs 1, 3 and 6Minor and consequential amendments

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) on 31st May 2016: Parts 1 and 3, section 8, section 9 (but only for the purpose of making regulations under section 9(2)(b)(i) and (8)), section 10, section 11 (but only for the purpose of making regulations under section 11(7) and (8)), section 12 (but only for the purpose of making regulations under section 12(5)), sections 32, 33, 34(1) and 35 to 37, section 38 (but only for the purpose of making regulations under section 38(3) and (4)), section 39, section 43 and paragraphs 1, 3 and 6 of the Schedule.

Regulation 3 contains transitory provision in respect of amendments being made to provisions on the closure of premises under Part 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). That Part allows for the issue of closure notices in respect of premises where a senior police officer has reasonable grounds to believe that an “exploitation offence” took place there in the preceding 3 months. Exploitation offences currently include existing trafficking and slavery and forced labour offences and so regulation 3 ensures that this definition continues to include those existing offences for the purposes of the 2004 Act until 3 months have elapsed from the date on which the repeal of those existing offences comes into force.

The Bill for the Act received Royal Assent on 4th November 2015. Section 45(1) of the Act brought into force sections 40, 41, 42, 44, 45 and 46 on the day after Royal Assent.

(2)

2004 asp 8. Section 40A was inserted by the 2010 Act, section 99.

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