2015 No. 1472
Modern Slavery

The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015

Made
Laid before Parliament
Coming into force
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 20151.

Citation and commencement

1.

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

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

2.

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 20062 is amended as follows.

3.

In paragraph 2 of Schedule 1 (Descriptions of cases to which Part 4 of the Criminal Justice Act 19883 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.”.

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

4.

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 20094 are amended as follows.

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”.

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”.

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

7.

The Armed Forces (Review of Court Martial Sentence) Order 20095 is amended as follows.

8.

In paragraph 1 of the Schedule (Description of cases specified for the purposes of section 273(3) of the Armed Forces Act 20066) 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.”.

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

9.

(1)

The Armed Forces (Service Civilian Court) Rules 20097 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”.

Amendments to the Armed Forces (Court Martial) Rules 2009

10.

(1)

The Armed Forces (Court Martial) Rules 20098 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—

    1. (a)

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

    2. (b)

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

    3. (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”.

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

11.

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 20139 are amended as follows.

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)”.

Amendment to the Trafficking People for Exploitation Regulations 2013

13.

The Trafficking People for Exploitation Regulations 201310 are amended as follows.

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.”.

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

15.

The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 201311 are amended as follows.

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.”.

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)”.

Amendment to the Public Contracts Regulations 2015

18.

The Public Contracts Regulations 201512 are amended as follows.

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”.

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

20.

The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 201513 is amended as follows.

21.

In the Schedule (Either-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 201514) 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.”.

Karen Bradley
Parliamentary Under Secretary of State
Home Office
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).