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| | prevention orders: requirement to provide name and address)(1)”, 21(5A), (Slavery and |
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| | trafficking risk orders: requirement to provide name and address)(1) or 27(5A) |
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| | (requirement to provide name and address)” |
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| | | Member’s explanatory statement
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| | | This amendment makes it an offence for a defendant to fail to give notification of the defendant‘s |
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| | | name or address where this requirement has been imposed as a part of a slavery and trafficking |
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| | | prevention or risk order (or an interim order). |
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| | Clause 29, page 22, line 14, leave out “not exceeding £5,000”. |
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| | Clause 29, page 22, line 18, leave out from “(3)(b)” to end of line 20. |
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| | Clause 29, page 22, line 20, at end add— |
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| | | “(6) | The court may refer to the crown court any matter relating to the order for |
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| | | consideration of action by the said court under Part 2 of the Proceeds of Crime |
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| | Clause 32, page 23, line 2, after “guidance”, insert “no later than within one month |
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| | of this Act obtaining Royal Assent.” |
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| | Clause 32, page 23, line 8, after “published”, insert “in both Houses of Parliament |
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| | Clause 34, page 24, line 19, leave out “a person as the” and insert “an independent” |
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| | | Member’s explanatory statement
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| | | This amendment asserts the independence of the Anti-Slavery Commissioner. |
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| | Clause 34, page 24, line 20, at end insert— |
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| | | “(2A) | Before making this appointment the Secretary of State’s preferred candidate must |
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| | | go through a pre-appointment hearing with the Home Affairs Select Committee.” |
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| | Clause 34, page 24, line 23, leave out “may” to end of line 30 and insert— |
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| | | | “shall pay remuneration and allowances to the Commissioner and— |
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| | | (a) | shall before the beginning of each financial year specify a maximum sum |
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| | | which the Commissioner may spend on functions for that year |
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| | | (b) | may permit that to be exceeded for a specified purpose, and |
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| | | (c) | shall defray the Commissoner’s expenditure for each financial year |
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| | | subject to paragraphs (a) and (b). |
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| | | (4) | The Commissioner may appoint staff.” |
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| | Page 24, line 18, leave out Clause 34. |
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| | Clause 35, page 25, line 1, at end insert— |
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| | | “(c) | the support offered to victims, including but not limited to, the operations |
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| | | of any Government agency and support offered in accordance with |
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| | | section 41 and section 42, |
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| | | (d) | any other area which the Commissioner feels is relevant to identifying |
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| | | and preventing human trafficking in the UK or elsewhere.” |
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| | Clause 35, page 25, line 1, at end insert— |
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| | | “(c) | the promotion and protection of the rights of victims of human trafficking |
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| | | (1A) | The Commissioner must monitor the implementation in the UK of the Trafficking |
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| | | Convention, Anti-Trafficking Directive and other international obligations.” |
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| | | Member’s explanatory statement
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| | | The amendment extends the functions of the Commissioner beyond law enforcement and |
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| | | identification of victims and gives the Commissioner responsibility for monitoring the |
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| | | implementation of international obligations on modern slavery. |
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| | Clause 35, page 25, line 4, leave out “permitted matter” and insert “matter |
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| | pertinent to the prevention of human trafficking and forced labour in the UK or |
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| | Clause 35, page 25, line 9, at end insert— |
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| | | “( ) | Undertaking investigations and studies to monitor and identify trends in human |
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| | | ( ) | Requesting inspections to be carried out by statutory inspectors;” |
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| | | Member’s explanatory statement
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| | | The amendment extends the permitted activities of the Commissioner in carrying out the general |
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| | Clause 35, page 25, line 12, at end insert “, including relevant civil society |
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| | | Member’s explanatory statement
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| | | The amendment adds thats the Commissioner may work with relevant civil society organisations. |
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| | Clause 35, page 25, line 13, leave out subsection (3) and insert— |
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| | | “(3) | Apart from under subsection (5), the Secretary of State must not take steps or |
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| | | impose measures that may impair, or may appear to impair the Commissioner’s |
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| | | independence and shall ensure that the Commissioner is, to the extent the |
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| | | Commissioner is able, to determine, without limitation (other than as prescribed |
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| | | (a) | the Commissioner’s activities; |
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| | | (b) | the Commissioner’s timetables; |
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| | | (c) | the Commissioner’s priorities, and |
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| | | (d) | the Commissioner’s resources and funding.” |
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| | Page 24, line 38, leave out Clause 35. |
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| | Clause 36, page 25, line 29, at end insert— |
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| | | “(1A) | When preparing the strategic plan the Commissioner must give consideration to |
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| | | any proposal submitted to the Commissioner from any Parliamentary Select |
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| | | Committee. If the Commissioner does not accept the Committee’s proposal the |
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| | | Commissioner must write to the relevant Committee explain the decision.” |
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| | Clause 36, page 26, line 4, leave out “Secretary of State” and insert “Parliament”. |
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| | Clause 36, page 26, line 12, at end insert— |
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| | | “(8) | An annual report can also include observations and recommendations as to the |
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| | | adequacty, efficacy and co-ordination of measures, policies and perfomance of |
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| | | relevant services including public authorities as specified in Clause 37 section 5 |
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| | | or under relevant devolved powers.” |
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| | Clause 36, page 26, line 13, leave out subsection (9). |
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| | Clause 36, page 26, line 18, leave out “Secretary of State may” and insert |
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| | “Commissioner must consult with the Secretary of State and” |
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| | Clause 37, page 26, line 38, at end insert— |
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| | | “(6) | Specified public authority can also include a public authority which has been |
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| | | specified under relevant procedures of devolved institutions.” |
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| | Clause 39, page 27, line 9, after “act”, insert “or the person is a child” |
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| | Clause 39, page 27, line 10, after “compulsion”, insert “or, in the case of a child, |
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| | Clause 39, page 27, line 11, leave out paragraph (c) |
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| | Clause 39, page 27, line 13, at end insert— |
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| | | “(9) | Once the defence set out in subsection (1) is raised by the accused or on his or her |
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| | | behalf, or the court of its own volition or on hearing submissions from any party |
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| | | decides that such a defence should be considered by the court, the burden of |
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| | | proving that the offence was not committed as a direct and immediate response |
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| | | of him or her being a victim as set out in subsection (1) shall lie upon the |
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| | | |
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| | Clause 39, page 27, line 14, leave out from “characteristics” to end of line 15 and |
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| | insert “shall include, but not be limited to, age, family relationships, disability, position |
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| | of dependency, language skills, ethnicity, national origin, religious background, and any |
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| | mental or physical illness.” |
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| | Clause 39, page 27, line 18, after “compulsion”, insert “or in the case of a child, the |
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| | Clause 39, page 27, line 27, leave out subsection (7). |
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| Clause 39, page 27, line 28, at end insert— |
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| | | “(9) | The Anti-Slavery Commissioner shall in their annual report produced under |
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| | | section 36, include a review of the offences listed in Schedule 3.” |
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| | Schedule 3, page 38, line 15, leave out paragraph 14. |
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| | Schedule 3, page 38, line 30, leave out paragraphs 16 and 17. |
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| | Clause 41, page 28, line 2, leave out “may” and insert “must” |
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| | Clause 41, page 28, line 2, after “arrangements”, insert “to set up an independent |
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| | body known as the child trafficking advocacy service” |
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| | |
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| | Clause 41, page 28, line 3, after “advocates”, insert “and separated children |
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| | Clause 41, page 28, line 4, after “trafficking”, insert “and all separated children” |
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| | Clause 41, page 28, line 4, at end insert “or slavery if the person who has parental |
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| | responsibility for the child fulfils any of the conditions in subsection (1D). |
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| | | (1A) | The child trafficking advocate will act in the best interest of the child and be |
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| | | appointed as soon as any public authority or relevant body has a reasonable |
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| | | suspicion to believe the child is such a victim. |
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| | | (1B) | The child trafficking advocate will have powers to appoint and instruct legal |
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| | | representatives on behalf of the child in all matters relevant to the interest of the |
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| | | (1C) | The child trafficking advocate shall at a minimum have responsibilities to— |
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| | | (a) | advocate that all decisions relating to the child are made in the child’s |
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| | | |
| | | (b) | ascertain the child’s wishes and feelings in relation to those decisions; |
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| | | (c) | advocate for the child to receive appropriate care, safe accommodation, |
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| | | medical treatment, including psychological assistance, education, |
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| | | translation and interpretation services are required; |
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| | | (d) | assist the child to access legal and other representation where necessary; |
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| | | (e) | consult with, advise and keep the child informed of legal rights; |
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| | | (f) | keep the child informed of all relevant immigration, criminal, |
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| | | compensation, community care, public law or other proceedings; |
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| | | (g) | contribute to identification of a plan to safeguard and promote a durable |
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| | | solution for the child based on an individual assessment of that child’s |
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| | | (h) | provide a link between the child and various statutory and other bodies |
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| | | who may provide services to the child, accompanying the child to any |
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| | | (i) | assist in establishing contact with the child’s family, where the child so |
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| | | wishes and it is in the child’s best interest; |
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| | | (j) | liaise with all professionals handling the child’s case including |
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| | | immigration, police, social welfare, health, education and support |
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| | | |
| | | (k) | accompany the child wherever it is deemed appropriate to do so. |
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| | | (1D) | Subsection (1) shall apply if the person who has parental responsibility for the |
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| | | |
| | | (a) | is suspected of taking part in the trafficking of human beings; |
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| | | (b) | has another conflict of interest with the child; |
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| | | (c) | is not in contact with the child; |
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| | | (d) | cannot be identified; |
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| | | (e) | is in a country outside the United Kingdom; or |
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| | | (f) | is a local authority. |
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| | | (1E) | A child trafficking advocate must have completed the training required in |
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| | | subsection (10) and may be— |
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| | | (a) | an employee of a statutory body except for an employee of a local |
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| | | |
| | | (b) | an employee of a recognised charitable organisation; or |
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| | | (c) | a volunteer for a recognised charitable organisation. |
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| | | (1F) | A person discharging duties as a child trafficking advocate shall not discharge |
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| | | any other statutory duties in relation to a child for whom they are providing |
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| | | assistance under this section. |
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| | | (1G) | The child trafficking advocate may request a public authority or relevant body to |
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| | | co-operate with them in any way that the advocate considers necessary and that |
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| | | is in the best interest of the child. A public authority or relevant body must so far |
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| | | as reasonably practicable comply with a request made to it under this section. |
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| | | (1H) | In subsection (1G) a “relevant body” means a person or organisation— |
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| | | (a) | which provides services to the child; or |
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| | | (b) | to which a child makes an application for services; or |
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| | | (c) | to which the child needs access in relation to being a victim of human |
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| | | |
| | | (d) | any court or tribunal that a child engages with. |
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| | | (1I) | The Secretary of State shall by order— |
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| | | (a) | set out the arrangements for the appointment of a child trafficking |
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| | | advocate immediately after a child is identified as a potential victim of |
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| | | trafficking in human beings; |
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| | | (b) | set out requirements for the training courses to be completed before a |
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| | | person may exercise functions as a child trafficking advocate; |
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| | | (c) | set out the arrangements for the supervision of persons discharging duties |
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| | | as a child trafficking advocate; |
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| | | (d) | set out the arrangements for the provision of support services for persons |
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| | | discharging duties as a child trafficking advocate; and |
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| | | (e) | designate organisations as a “recognised charitable organisation” for the |
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| | | |
| | | (1J) | A person’s appointment as a child trafficking advocate for a particular child under |
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| | | this section shall come to an end if— |
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| | | (a) | the child reaches the age of 21; or |
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|
