The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 No. 1472

Statutory Instruments

2015 No. 1472

Modern Slavery

The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015

Made

6th July 2015

Laid before Parliament

8th July 2015

Coming into force

31st July 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 57(2) and (3) of the Modern Slavery Act 2015(1).

Citation and commencement E+W

1.  These Regulations may be cited as the Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 and come into force on 31st July 2015.

Commencement Information

I1 Reg. 1 in force at 31.7.2015, see reg. 1

Amendment to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 E+W

2.  The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006(2) is amended as follows.

Commencement Information

I2 Reg. 2 in force at 31.7.2015, see reg. 1

3.  In paragraph 2 of Schedule 1 (Descriptions of cases to which Part 4 of the Criminal Justice Act 1988(3) is to apply), after sub-paragraph (k) insert—

“(l) an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.”.

Commencement Information

I3 Reg. 3 in force at 31.7.2015, see reg. 1

Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 E+W

4.  The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009(4) are amended as follows.

Commencement Information

I4 Reg. 4 in force at 31.7.2015, see reg. 1

5.  In Part 2 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations) insert the following entry at the appropriate place—

“Modern Slavery Act 2015, section 2”.

Commencement Information

I5 Reg. 5 in force at 31.7.2015, see reg. 1

6.  In Part 2 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations) insert the following entry in the appropriate place—

“Modern Slavery Act 2015, section 2”.

Commencement Information

I6 Reg. 6 in force at 31.7.2015, see reg. 1

Amendment to the Armed Forces (Review of Court Martial Sentence) Order 2009 E+W

7.  The Armed Forces (Review of Court Martial Sentence) Order 2009(5) is amended as follows.

Commencement Information

I7 Reg. 7 in force at 31.7.2015, see reg. 1

8.  In paragraph 1 of the Schedule (Description of cases specified for the purposes of section 273(3) of the Armed Forces Act 2006(6)) after sub-paragraph (f) insert—

“(g) an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.”.

Commencement Information

I8 Reg. 8 in force at 31.7.2015, see reg. 1

Amendments to the Armed Forces (Service Civilian Court) Rules 2009 E+W

9.—(1) The Armed Forces (Service Civilian Court) Rules 2009(7) are amended as follows.

(2) In rule 74(1), after the definition of “intermediary” insert—

““modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)

an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

(b)

an offence of attempting or conspiring to commit such an offence; or

(c)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;”.

(3) In rule 76(2)(a), after “sexual offence” insert “or a modern slavery offence”.

(4) In rule 79(a), after “sexual offence” insert “or a modern slavery offence”.

Commencement Information

I9 Reg. 9 in force at 31.7.2015, see reg. 1

Amendments to the Armed Forces (Court Martial) Rules 2009 E+W

10.—(1) The Armed Forces (Court Martial) Rules 2009(8) are amended as follows.

(2) In rule 89(1), after the definition of “intermediary” insert—

• ““modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

  (a)

  an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

  (b)

  an offence of attempting or conspiring to commit such an offence; or

  (c)

  an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;”.

(3) In rule 91(2)(a), after “sexual offence” insert “or a modern slavery offence”.

(4) In rule 94(a), after “sexual offence” insert “or a modern slavery offence”.

Commencement Information

I10 Reg. 10 in force at 31.7.2015, see reg. 1

Amendment to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 E+W

11.  The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013(9) are amended as follows.

Commencement Information

I11 Reg. 11 in force at 31.7.2015, see reg. 1

12.  In regulation 33(3)(f) after “(sexual offences)” insert “or section 2 of the Modern Slavery Act 2015 in respect of sexual exploitation (human trafficking)”.

Commencement Information

I12 Reg. 12 in force at 31.7.2015, see reg. 1

Amendment to the Trafficking People for Exploitation Regulations 2013 E+W

13.  The Trafficking People for Exploitation Regulations 2013(10) are amended as follows.

Commencement Information

I13 Reg. 13 in force at 31.7.2015, see reg. 1

14.  In regulation 2(1) in the definition of “human trafficking offence”, after sub-paragraph (b) insert—

“(c) an offence under section 2 of the Modern Slavery Act 2015.”.

Commencement Information

I14 Reg. 14 in force at 31.7.2015, see reg. 1

Amendments to the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013 E+W

15.  The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013(11) are amended as follows.

Commencement Information

I15 Reg. 15 in force at 31.7.2015, see reg. 1

16.  In regulation 2(1), in the definition of “relevant offence”—

(a) in sub-paragraph (a), delete “or”;

(b) after sub-paragraph (b) insert—

“(c) section 2 of the Modern Slavery Act 2015.”.

Commencement Information

I16 Reg. 16 in force at 31.7.2015, see reg. 1

17.  In regulation 3—

(a) after paragraph (3) insert—

“(3A) An EWSP acting in the course of providing information society services commits an offence under section 2 of the Modern Slavery Act 2015 if—

(a) all of the arranging or facilitating takes place outside the United Kingdom and any part of the arranging or facilitating takes place in another EEA state; or

(b) an EEA state other than the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.”;

(b) in paragraph (4), for “paragraph (2) or (3)” substitute “paragraph (2), (3) or (3A)”.

Commencement Information

I17 Reg. 17 in force at 31.7.2015, see reg. 1

Amendment to the Public Contracts Regulations 2015 E+W

18.  The Public Contracts Regulations 2015(12) are amended as follows.

Commencement Information

I18 Reg. 18 in force at 31.7.2015, see reg. 1

19.  In regulation 57(1) after sub-paragraph (m) delete “or” and insert—

“(ma) an offence under section 1, 2 or 4 of the Modern Slavery Act 2015; or”.

Commencement Information

I19 Reg. 19 in force at 31.7.2015, see reg. 1

Amendment to the Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015 E+W

20.  The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015(13) is amended as follows.

Commencement Information

I20 Reg. 20 in force at 31.7.2015, see reg. 1

21.  In the Schedule (Either-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015(14)) after paragraph 53 insert—

“54.   An offence under section 1 of the Modern Slavery Act 2015.

55.   An offence under section 2 of that Act.”.

Commencement Information

I21 Reg. 21 in force at 31.7.2015, see reg. 1

Karen Bradley

Parliamentary Under Secretary of State

Home Office

6th July 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation in consequence of the offences of slavery, servitude and forced or compulsory labour and human trafficking in sections 1 and 2 of the Modern Slavery Act 2015 (c. 30).

(1)

2015 c. 30.

(2)

S.I. 2006/1116. Paragraph 2 of the Schedule was amended by S.I. 2014/1651.

(3)

1988 c. 33.

(4)

S.I. 2009/37, amended by S.I. 2012/2160. There are other amending instruments but none is relevant.

(5)

S.I. 2009/1168. Paragraph 1 of the Schedule was amended by S.I. 2013/862; there are other amending instruments but none is relevant.

(6)

2006 c. 52.

(7)

S.I. 2009/1209 to which there are amendments not relevant to these Regulations.

(8)

S.I. 2009/2041 to which there are amendments not relevant to these Regulations.

(9)

S.I. 2013/349 to which there are amendments not relevant to these Regulations.

(10)

S.I. 2013/554.

(11)

S.I. 2013/817.

(12)

S.I. 2015/102.

(13)

S.I. 2015/790.

(14)

2015 c. 2.