The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 3 and Transitional Provisions) Regulations 2017

These Regulations bring into force provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) on various appointed dates.

Section 16, which comes into force on 29th June 2017, provides a list of offences that may be considered a relevant trafficking or exploitation offence for the purposes of the Act and empowers the Scottish Ministers to amend this list by regulations.

Sections 17 to 25, which come into force on 30th June 2017, make provision in relation to trafficking and exploitation prevention orders. These orders can be made on sentencing by the court at the instance of the court or on the motion of the prosecutor (section 17(3)) or after application to the sheriff by the chief constable (section 18(1)). Provisions about the content of those orders, arrangements for variation, renewal or discharge of those orders, interim orders and appeals also come into force on that date.

Section 34(2) to (6), which also comes into force on 30th June 2017, provides for the interpretation of Part 4 of the Act. Sections 34(2) and (3) are subject to transitional provisions. These provisions apply when a person is convicted of a relevant trafficking or exploitation offence in the period between the commencement of sections 17 to 25 and sections 26 to 31 and receives an absolute discharge on indictment or a conditional discharge. For the purposes of section 34(2) and (3), this conviction is to be treated as if it occurred after Part 4 came into force.

Sections 26 to 31, which come into force on 31st October 2017, make provision in relation to trafficking and exploitation risk orders. An application for an order may be made to the sheriff by the chief constable (section 26(1)). Provisions about the content of those orders, arrangements for variation, renewal or discharge of those orders, interim orders and appeals also come into force on that date.

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.