SCHEDULES

Section 57

SCHEDULE 5E+W+SMinor and consequential amendments

PART 1E+W+SAmendments relating to offences

Children and Young Persons Act 1933 (c. 12)E+W+S

1(1)Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions of the Act apply) is amended as follows.E+W+S

(2)In the first entry relating to the Sexual Offences Act 2003 omit “59A to”.

(3)Omit the entry relating to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

(4)After that entry insert— “ An offence against a child or young person under section 2 of the Modern Slavery Act 2015 (human trafficking), or any attempt to commit such an offence. ”

Commencement Information

Immigration Act 1971 (c. 77)E+W+S

2E+W+SIn section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a passenger” to the end substitute “ the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). ”

Commencement Information

I2Sch. 5 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 4, 8)

Police and Criminal Evidence Act 1984 (c. 60)E+W+S

3E+W+SIn section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”) after paragraph (r) insert—

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

Commencement Information

I3Sch. 5 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Sexual Offences (Amendment) Act 1992 (c. 34)E+W+S

4E+W+SIn section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under law of England and Wales to which the Act applies)—

(a)after paragraph (da) insert—

“(db)any offence under section 2 of the Modern Slavery Act 2015 (human trafficking);”;

(b)in paragraph (e) for “(da)” substitute “ (db) ”.

Commencement Information

I4Sch. 5 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Sexual Offences Act 2003 (c. 42)E+W+S

5(1)The Sexual Offences Act 2003 is amended as follows.E+W+S

(2)Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and detention).

(3)In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 63A insert—

“63BAn offence under section 2 of the Modern Slavery Act 2015 (human trafficking).”

(4)In Schedule 6, omit paragraphs 31(2)(b) and 46(2).

Commencement Information

I5Sch. 5 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)E+W+S

6(1)The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows.E+W+S

(2)Omit section 4 (trafficking people for exploitation).

(3)In section 5 (section 4 - supplementary provision) omit subsections (3) to (7) and (11).

(4)In section 14(2) (immigration officers' power of arrest)—

(a)omit paragraphs (n) and (p);

(b)after paragraph (q) insert—

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

Commencement Information

I6Sch. 5 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6-8)

Serious Crime Act 2007 (c. 27)E+W+S

7(1)Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows.E+W+S

(2)After paragraph 1 insert—

“Slavery etcE+W+S

1AAn offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).”

(3)In paragraph 2, at the end insert—

“(4)An offence under section 2 of the Modern Slavery Act 2015.”

Commencement Information

I7Sch. 5 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Coroners and Justice Act 2009 (c. 25)E+W+S

8E+W+SOmit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

Commencement Information

I8Sch. 5 para. 8 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 5, 7, 8)

Protection of Freedoms Act 2012 (c. 9)E+W+S

9(1)The Protection of Freedoms Act 2012 is amended as follows.E+W+S

(2)Omit sections 109 and 110.

(3)In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.

Commencement Information

I9Sch. 5 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)E+W+S

10E+W+SIn Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking victims: definitions), in the definition of “exploitation” for the words from “section” to the end substitute “ section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act); ”.

Commencement Information

I10Sch. 5 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

PART 2E+W+SAmendments relating to slavery and trafficking reparation orders

Administration of Justice Act 1970 (c. 31)E+W+S

11(1)The Administration of Justice Act 1970 is amended as follows.E+W+S

(2)In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “ , [F112B or 12C] ”.

(3)In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph [F212B] insert—

[F3“12C]Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.”

Textual Amendments

Commencement Information

I11Sch. 5 para. 11 in force at 17.3.2016 by S.I. 2016/243, reg. 2(a)

Criminal Justice Act 1991 (c. 53)E+W+S

12(1)Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.E+W+S

(2)In subsection (1), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.

(3)In subsection (3)(b), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.

(4)In subsection (4), after the definition of “prescribed” insert—

““slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;”.

Commencement Information

I12Sch. 5 para. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Social Security (Recovery of Benefits) Act 1997 (c. 27)E+W+S

13E+W+SIn paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), for “2000 or” substitute “ 2000, section 8 of the Modern Slavery Act 2015, ”.

Commencement Information

I13Sch. 5 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+S

F414E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceeds of Crime Act 2002 (c. 29)E+W+S

[F515E+W+SIn section 13(3A) of the Proceeds of Crime Act 2002 (effect of confiscation order on court’s other powers), after paragraph (c) insert—

“(d)a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.”]

Textual Amendments

Commencement Information

I14Sch. 5 para. 15 in force at 17.3.2016 by S.I. 2016/243, reg. 2(b)

16E+W+SIn section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “ in relation to it ”.

Commencement Information

I15Sch. 5 para. 16 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

17E+W+SIn section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “ in relation to it ”.

Commencement Information

I16Sch. 5 para. 17 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

18E+W+SIn section 32(7)(b) of the Proceeds of Crime Act 2002 (court's powers on appeal) at the end insert “ in relation to it ”.

Commencement Information

I17Sch. 5 para. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

19E+W+SIn section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme Court) at the end insert “ in relation to it ”.

Commencement Information

I18Sch. 5 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Prospective

F620E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21E+W+SIn section 308 of the Proceeds of Crime Act 2002 (general exceptions to concept of recoverable property) after subsection (4) insert—

“(4A)If—

(a)a payment is made to a person in pursuance of a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, and

(b)apart from this subsection, the sum received would be recoverable property,

the property ceases to be recoverable.”

Commencement Information

I19Sch. 5 para. 21 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

22E+W+SIn Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).

Commencement Information

I20Sch. 5 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Courts Act 2003 (c. 39)E+W+S

23(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.E+W+S

(2)In paragraph 2(2)—

(a)omit the “and” at the end of the definition of “a sum required to be paid by a compensation order”;

(b)after the definition of “a sum required to be paid by an unlawful profit order” insert—

““a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.”

(3)In paragraph 7A(1) for “or an unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.

(4)In paragraph 13(1)(aa)—

(a)for “or a sum” substitute “ , a sum ”;

(b)after “unlawful profit order” insert “ or a sum required to be paid by a slavery and trafficking reparation order ”;

(c)in sub-paragraph (i) for “or the” substitute “ , the ”;

(d)in that sub-paragraph after “unlawful profit order” insert “ or the amount required to be paid by the slavery and trafficking reparation order ”.

Commencement Information

I21Sch. 5 para. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Criminal Justice Act 2003 (c. 44)E+W+S

F724E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F825E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 5 para. 25 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)E+W+S

26E+W+SIn paragraph 1 of Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges: exempted payments)—

(a)omit “or” at the end of sub-paragraph (b);

(b)at the end of sub-paragraph (c) insert “or

(d)section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).”

Commencement Information

I22Sch. 5 para. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

Prevention of Social Housing Fraud Act 2013 (c. 3)E+W+S

27(1)The Prevention of Social Housing Fraud Act 2013 is amended as follows.E+W+S

(2)In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act 2000 to unlawful profit orders)—

(a)for the words from “133(3)(c)” to “confiscation order or” substitute “ 133(3)(c)(ii) to an unlawful profit order under section 4 were to ”;

(b)omit the second “(or both)”.

(3)In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).

Commencement Information

I23Sch. 5 para. 27(1)(2) in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)

I24Sch. 5 para. 27(3) in force at 17.3.2016 by S.I. 2016/243, reg. 2(c)