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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 commencementI1

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 2006I2,I3

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

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..

Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009I4,I5,I6

4. The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009(4) 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 2009I7,I8

7. The Armed Forces (Review of Court Martial Sentence) Order 2009(5) 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 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..

Amendments to the Armed Forces (Service Civilian Court) Rules 2009I9

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”.

Amendments to the Armed Forces (Court Martial) Rules 2009I10

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—

(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 2013I11,I12

11. The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013(9) 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 2013I13,I14

13. The Trafficking People for Exploitation Regulations 2013(10) 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 2013I15,I16,I17

15. The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013(11) 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 2015I18,I19

18. The Public Contracts Regulations 2015(12) 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 2015I20,I21

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

Karen Bradley

Parliamentary Under Secretary of State

Home Office

6th July 2015

(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.

(14)

2015 c. 2.

Status: There are outstanding changes not yet made by the editorial team to The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (2015/1472)
Version from: [subject to the status notice] 31 July 2015

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
I1 Reg. 1 in force at 31.7.2015, see reg. 1
I2 Reg. 2 in force at 31.7.2015, see reg. 1
I3 Reg. 3 in force at 31.7.2015, see reg. 1
I4 Reg. 4 in force at 31.7.2015, see reg. 1
I5 Reg. 5 in force at 31.7.2015, see reg. 1
I6 Reg. 6 in force at 31.7.2015, see reg. 1
I7 Reg. 7 in force at 31.7.2015, see reg. 1
I8 Reg. 8 in force at 31.7.2015, see reg. 1
I9 Reg. 9 in force at 31.7.2015, see reg. 1
I10 Reg. 10 in force at 31.7.2015, see reg. 1
I11 Reg. 11 in force at 31.7.2015, see reg. 1
I12 Reg. 12 in force at 31.7.2015, see reg. 1
I13 Reg. 13 in force at 31.7.2015, see reg. 1
I14 Reg. 14 in force at 31.7.2015, see reg. 1
I15 Reg. 15 in force at 31.7.2015, see reg. 1
I16 Reg. 16 in force at 31.7.2015, see reg. 1
I17 Reg. 17 in force at 31.7.2015, see reg. 1
I18 Reg. 18 in force at 31.7.2015, see reg. 1
I19 Reg. 19 in force at 31.7.2015, see reg. 1
I20 Reg. 20 in force at 31.7.2015, see reg. 1
I21 Reg. 21 in force at 31.7.2015, see reg. 1
Defined Term Section/Article ID Scope of Application

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