Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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

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 made 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