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Modern Slavery Act 2015

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This is the original version (as it was originally enacted).

42Strategic plans and annual reports

This section has no associated Explanatory Notes

(1)The Commissioner must, as soon as reasonably practicable after the Commissioner’s appointment, prepare a strategic plan and submit it to the Secretary of State for approval.

(2)The Commissioner must, before the end of the period to which a strategic plan relates (“the current period”), prepare a strategic plan for a period immediately following the current period and submit it to the Secretary of State for approval.

(3)The Commissioner may at any time prepare a revised strategic plan and submit it to the Secretary of State for approval.

(4)A strategic plan is a plan setting out how the Commissioner proposes to exercise the Commissioner’s functions in the period to which the plan relates, which must be not less than one year and not more than three years.

(5)A strategic plan must in particular—

(a)state the Commissioner’s objectives and priorities for the period to which the plan relates;

(b)state any matters on which the Commissioner proposes to report under section 41(3)(a) during that period;

(c)state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner’s functions.

(6)The Secretary of State may approve a strategic plan either without modifications or with modifications agreed with the Commissioner.

(7)The Secretary of State must—

(a)before approving a strategic plan, consult the Scottish Ministers and the Department of Justice in Northern Ireland, and

(b)after approving a strategic plan, send a copy of the plan to the Scottish Ministers and the Department of Justice in Northern Ireland.

(8)As soon as reasonably practicable after the end of each financial year the Commissioner must submit to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland an annual report on the exercise of the Commissioner’s functions during the year.

(9)An annual report must include—

(a)an assessment of the extent to which the Commissioner’s objectives and priorities have been met in that year;

(b)a statement of the matters on which the Commissioner has reported under section 41(3)(a) during the year;

(c)a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner’s functions.

(10)The Secretary of State must lay before Parliament—

(a)any strategic plan the Secretary of State approves, and

(b)any annual report the Secretary of State receives,

and must do so as soon as reasonably practicable after approving the plan or receiving the report.

(11)The Scottish Ministers must lay before the Scottish Parliament—

(a)any strategic plan the Secretary of State approves, and

(b)any annual report they receive,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(12)The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly—

(a)any strategic plan the Secretary of State approves, and

(b)any annual report it receives,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(13)An annual report laid under any of subsections (10) to (12) must not contain material removed from the report under any of subsections (14) to (17).

(14)The Secretary of State may remove from an annual report any material whose publication the Secretary of State thinks—

(a)would be against the interests of national security,

(b)might jeopardise the safety of any person in England and Wales, or

(c)might prejudice the investigation or prosecution of an offence under the law of England and Wales.

(15)The Scottish Ministers may remove from an annual report any material whose publication the Scottish Ministers think—

(a)might jeopardise the safety of any person in Scotland, or

(b)might prejudice the investigation of an offence under the law of Scotland.

(16)The Lord Advocate may remove from an annual report any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland.

(17)The Department of Justice in Northern Ireland may remove from an annual report any material whose publication the department thinks—

(a)might jeopardise the safety of any person in Northern Ireland, or

(b)might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.

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