2016 No. 128 (C. 12)
Criminal Law

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

Made
Laid before the Scottish Parliament
Coming into force
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 20151 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(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 day2.

(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 modifications3.

(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 20042 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

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

Regulation 2

Column 1

Provisions of the Act

Column 2

Subject matter

Column 3

Purpose

Part 1

Offences

Section 8

Lord Advocate’s instructions on prosecution of victims of offences

Section 9

Support and assistance: victims of offence of human trafficking

For the purpose of making regulations under section 9(2)(b)(i) and (8)

Section 10

Support and assistance: victims of an offence under section 4

Section 11

Independent child trafficking guardians

For the purpose of making regulations under section 11(7) and (8)

Section 12

Presumption of age

For the purpose of making regulations under section 12(5)

Part 3

Confiscation of property

Section 32

Offences

Section 33

Enforcement of other UK orders

Section 34(1)

Interpretation of Part 4

Section 35

Trafficking and exploitation strategy

Section 36

Review and publication of strategy

Section 37

Duty to co-operate on strategy

Section 38

Duty to notify and provide information about victims

For the purpose of making regulations under section 38(3) and (4)

Section 39

Offences by bodies corporate etc.

Section 43

Minor and consequential amendments

Schedule, paragraphs 1, 3 and 6

Minor 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.