- Latest available (Revised)
- Point in Time (31/07/2015)
- Original (As enacted)
Version Superseded: 17/03/2016
Point in time view as at 31/07/2015. This version of this part contains provisions that are not valid for this point in time.
Modern Slavery Act 2015, PART 2 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 17/03/2016
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 “ , 13A or 13B ”.
(3)In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph 13A insert—
“13BWhere under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.”
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
I1Sch. 5 para. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I2Sch. 5 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
14E+W+SIn section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (review of compensation orders), for the words from “a confiscation order” to the end substitute “any or all of the following made against him in the same proceedings—
(i)a confiscation order under Part 6 of the Criminal Justice Act 1988 or Part 2 of the Proceeds of Crime Act 2002;
(ii)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;
(iii)a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015; or”.
Commencement Information
I3Sch. 5 para. 14 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Valid from 17/03/2016
15(1)Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on court's other powers) is amended as follows.E+W+S
(2)In subsection (3)(a)—
(a)for “or an” substitute “ , an ”;
(b)after “(unlawful profit orders)” insert “ or an order under section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders) ”.
(3)In subsection (5)—
(a)in paragraph (a) after “makes” insert “ a confiscation order and one or more of ”;
(b)in paragraph (a)(i) omit “both a confiscation order and”;
(c)in paragraph (a)(ii) omit “both a confiscation order and”;
(d)after paragraph (a)(ii) insert—
“(iia)a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015,”;
(e)omit paragraph (a)(iii);
(f)in paragraph (b) omit “both the orders or”.
(4)In subsection (6) (priorities of confiscation orders and other orders) for the words from “of the compensation” to “as it specifies” substitute “ as it specifies of the amount (or amounts) payable under the order (or orders) listed in subsection (5)(a)(i) to (iia) ”.
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
I4Sch. 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
I5Sch. 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
I6Sch. 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
I7Sch. 5 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Prospective
F120E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 20 omitted (17.3.2016) by virtue of The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 27
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
I8Sch. 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
I9Sch. 5 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I10Sch. 5 para. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
24E+W+SIn section 151(5) of the Criminal Justice Act 2003 (orders for persistent offenders previously fined) after “2013” insert “ or a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015 ”.
Commencement Information
I11Sch. 5 para. 24 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
25(1)Section 161A of the Criminal Justice Act 2003 (court's duty to order payment of surcharge) is amended as follows.E+W+S
(2)In subsection (3)—
(a)in paragraph (a) for the words from “a” to “both)” substitute “ one or more of a compensation order, an unlawful profit order and a slavery and trafficking reparation order ”;
(b)in paragraph (b) for the words from “and appropriate compensation” to the end substitute “ and appropriate amounts under such of those orders as it would be appropriate to make, ”.
(3)In subsection (5) for “this section” substitute “this section —
slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and”.
Commencement Information
I12Sch. 5 para. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I13Sch. 5 para. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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
I14Sch. 5 para. 27(1)(2) in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: