House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee:
206

, continued

Courts Act 2003 (c. 39)

16  (1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed

on conviction) is amended as follows.

      (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 2014.”

      (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”.

Criminal Justice Act 2003 (c. 44)

17
In 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 2014”.

18  (1)
Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment

of surcharge) is amended as follows.

      (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 2014, and”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

19
In 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 2014 (slavery

and trafficking reparation orders).”

Public Bill Committee:
207

, continued

Prevention of Social Housing Fraud Act 2013 (c. 3)

20
In the Schedule to the Prevention of Social Housing Fraud Act 2013

(amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).”

Karen Bradley

Clause  49,  page  31,  line  13,  at end insert—

“( )
Her Majesty may by Order in Council provide for any of the provisions of this

Act to extend, with or without modifications, to any of the Channel Islands or to

the Isle of Man.”

Member’s explanatory statement

This amendment enables provisions of the Bill to be extended to any of the Channel Islands or to

the Isle of Man, by Order in Council.

NEW CLAUSES

Karen Bradley

NC1

To move the following Clause—

“Slavery and trafficking prevention orders: requirement to provide name and

address

(1)
A slavery and trafficking prevention order may (as well as imposing prohibitions

on the defendant) require the defendant to comply with subsections (3) to (6).

(2)
It may do so only if the court is satisfied that the requirement is necessary for the

purpose of protecting persons generally, or particular persons, from the physical

or psychological harm which would be likely to occur if the defendant committed

a slavery or human trafficking offence.

(3)
Before the end of the period of 3 days beginning with the day on which a slavery

and trafficking prevention order requiring the defendant to comply with

subsections (3) to (6) is first served the defendant must, in the way specified in

the order, notify the person specified in the order of the relevant matters.

(4)
The relevant matters are—

(a)
the defendant’s name and, where the defendant uses one or more other

names, each of those names, and

(b)
the defendant’s home address.

(5)
If while the defendant is subject to the order the defendant—

(a)
uses a name which has not been notified under the order, or

(b)
changes home address,


the defendant must, in the way specified in the order, notify the person specified

in the order of the new name or the new home address.

(6)
The notification must be given before the end of the period of 3 days beginning

with the day on which the defendant uses the name or changes home address.

(7)
Where the order requires the defendant to notify the Director General of the

National Crime Agency or an immigration officer, the Director General or the

Public Bill Committee:
208

, continued

officer must give details of any notification to the chief officer of police for each

relevant police area.

(8)
“Relevant police area” means—

(a)
where the defendant notifies a new name, the police area where the

defendant lives;

(b)
where the defendant notifies a change of home address, the police area

where the defendant lives and (if different) the police area where the

defendant lived before the change of home address.”

Member’s explanatory statement

This amendment confers a power on the court to impose a requirement on a defendant in respect

of whom one or more prohibitions have been imposed under a slavery and trafficking prevention

order to notify information in relation to name and address in the way specified in the order.

Karen Bradley

NC2

To move the following Clause—

“Slavery and trafficking risk orders: requirement to provide name and address

(1)
A slavery and trafficking risk order may (as well as imposing prohibitions on the

defendant) require the defendant to comply with subsections (3) to (6).

(2)
It may do so only if the court is satisfied that the requirement is necessary for the

purpose of protecting persons generally, or particular persons, from the physical

or psychological harm which would be likely to occur if the defendant committed

a slavery or human trafficking offence.

(3)
Before the end of the period of 3 days beginning with the day on which a slavery

and trafficking risk order requiring the defendant to comply with subsections (3)

to (6) is first served the defendant must, in the way specified in the order, notify

the person specified in the order of the relevant matters.

(4)
The relevant matters are—

(a)
the defendant’s name and, where the defendant uses one or more other

names, each of those names, and

(b)
the defendant’s home address.

(5)
If while the defendant is subject to the order the defendant—

(a)
uses a name which has not been notified under the order, or

(b)
changes home address,


the defendant must, in the way specified in the order, notify the person specified

in the order of the new name or the new home address.

(6)
The notification must be given before the end of the period of 3 days beginning

with the day on which the defendant uses the name or changes home address.

(7)
Where the order requires the defendant to notify the Director General of the

National Crime Agency or an immigration officer, the Director General or the

officer must give details of any notification to the chief officer of police for each

relevant police area.

(8)
“Relevant police area” means—

(a)
where the defendant notifies a new name, the police area where the

defendant lives;

(b)
where the defendant notifies a change of home address, the police area

where the defendant lives and (if different) the police area where the

defendant lived before the change of home address.”

Public Bill Committee:
209

, continued

Member’s explanatory statement

This amendment confers a power on the court to impose a requirement on a defendant in respect

of whom one or more prohibitions have been imposed under a slavery and trafficking risk order to

notify information in relation to name and address in the way specified in the order.

Mr David Burrowes

NC3

To move the following Clause—

“Meaning of slavery, servitude and forced or compulsory labour

(1)
This section applies to section 1.

(2)
Forced or compulsory labour means all work or sevice which is exacted from a

person under the menace of any penalty and to which the person has not given

free and informed consent.

(3)
It is irrelevant whether a child has consented to forced or compulsory labour.

(4)
Servitude is the condition of a person who provides labour or services, if, because

of coercion, threat, or deception—

(a)
a reasonable person in the same situation as the person would not

consider himself or herself to be free—

(i)
to cease providing the labour or services; or

(ii)
to leave the place or area where the person provides the labour or

services; and

(b)
the person is significantly deprived of personal freedom in respect of

aspects of his or her life other than the provision of the labour or services.

(5)
Services or benefits of any kind can include forced begging or criminal activities.

(6)
Slavery is the condition of a person over whom another person exacts control in

such a way as to significantly deprive that person of individual liberty, with the

intent of exploitation through the use, management, profit, transfer or disposal of

that person.

(7)
In section 1 the references to holding a person in slavery or servitude or requiring

a person to perform forced or compulsory labour are also to be construed in

accordance with Article 4 of the Human Rights Convention.”

Member’s explanatory statement

This amendment adds definitions of slavery, servitude and forced or compulsory labour to the Bill

to aid interpretation of the law by frontline police officers and prosecutors. The definitions are

based on those in international law.

Fiona Mactaggart

NC4

To move the following Clause—

“Slavery of children and adults

(1)
It is an offence to hold a person in, or subject a persons to, slavery.

(2)
For the purposes of this Act “slavery” means the control by a peron of a second

person in such a way as—

Public Bill Committee:
210

, continued

(a)
significantly to deprive that second person of their individual liberty, and

(b)
by which any person obtains a benefit through the use, management,

profit, transfer or disposal of that second person.

(3)
Where that second person is a child, slavery also includes any act or transaction

whereby the child is transferred or purports to be transferred to another person in

return for money or other consideration, other than through lawful adoption or

similar formal process.”

Fiona Mactaggart

NC5

To move the following Clause—

“Child exploitation offences

(1)
It is an offence to exploit a child.

(2)
It is an offence for one person to obtain a benefit through the use of a child for the

purpose of exploitation.

(3)
In determining whether an offence has been committed under this section—

(a)
the question whether a child, or any person who has responsibility for the

child, has consented to any conduct, and

(b)
the question whether any coercive means have been used,

are irrelevant.”

Fiona Mactaggart

NC6

To move the following Clause—

“Exploitation offence: general

(1)
It is an offence to exploit a person.

(2)
An offence under this section is committed where one person obtains a benefit

through the use of a second person for the purpose of exploitation by means of—

(a)
the threat or use of force or of other forms of coercion,

(b)
abduction,

(c)
fraud or deception,

(d)
abuse of power,

(e)
abuse of a position of vulnerability,

(f)
the giving or receiving of any payment or benefit with a view to securing

the consent of any person having control over that second person.”

Public Bill Committee:
211

, continued

Fiona Mactaggart

NC7

To move the following Clause—

“Child trafficking

(1)
It is an offence to traffick a child.

(2)
An offence under this section is committed by any person who recruits,

transports, transfers, harbours or receives that child, including the exchange or

transfer of control over that child, for the purpose of exploitation.

(3)
In determining whether an offence has been committed under this section—

(a)
the question whether that child, or any person who has reponsibility for

that child, has consented to any conduct, and

(b)
the question whether any coercive means have been used,

are irrelevant.”

Fiona Mactaggart

NC8

To move the following Clause—

“Trafficking

(1)
It is an offence to traffick a person.

(2)
An offence under this section is committed by any person who recruits,

transports, transfers, harbours or receives a second person for the purpose of

exploitation, where the means used to do any of those acts include—

(a)
the threat or use of force or of other forms of coercion,

(b)
abuction,

(c)
fraud or deception,

(d)
abuse of power,

(e)
abuse of a position of vulnerability, or

(f)
the giving or receiving of any payment or benefit with a view to securing

the consent of any other person having control over that second person.”

Fiona Mactaggart

NC9

To move the following Clause—

“Facilitating the commission of an offence under Part 1

A person who is concerned in, or who facilitates, the commission of an offence

under this Part in relation to a second person or child commits an offence if that

first person knows or ought to know that second person or child is, or is to be, held

in or subjected to slavery, or exploited or trafficked.”

Public Bill Committee:
212

, continued

Fiona Mactaggart

NC10

To move the following Clause—

“Definition of “exploitation”

For the purposes of this Part—

(1)
“exploitation” includes but is not limited to the prostitution of others or other

forms of sexual exploitation, labour or services including begging, practices

similar to slavery, servitude, or the exploitation of or for criminal activities, or the

removal of organs etc.

(2)
“sexual exploitation” means—

(a)
an offence under Part 1 of the Sexual Offence Act 2003,

(b)
an offence under section 1(1)(a) of the Protection of Children Act 1978,

(c)
an offence under any provision of the Sexual Offences (Northern Ireland)

Order 2008,

(d)
an offence listed in Schedule 1 to the Criminal Justice (Children)

(Northern Ireland) Order 1998 (S.I 1998/1504 (N.I.9)),

(e)
an offence under Article 3(1)(a) of the Protection of Children (Northern

Ireland) Order 1978 (S.I. 1978/1047 (N.I.17)), or

(f)
anything done outside England and Wales and Northern Ireland which is

not an offence within any of paragraphs (a) to (e) but would be if done in

England and Wales or Northern Ireland.

(3)
“removal of organs etc.” means—

(a)
an offence under section 32 or 33 of the Human Tissue Act 2004

(prohibition of commercial dealings in organs and restrictions on use of

live donors) as it has effect in England and Wales, or

(b)
which would involve the commission of such an offence if it were done

in England and Wales.”

Fiona Mactaggart

NC11

To move the following Clause—

“Commission of offence within or outside the United Kingdom

(1)
A person who is a United Kingdom national or resident commits an offence under

this Part regardless of—

(a)
where the offence took place, or

(b)
the country or territory which is the place of arrival, entry, departure or

travel of any person in relation to whom the offence is committed.

(2)
A person who is not a United Kingdom national or resident commits an offence

under this Part if—

(a)
any part of the offence takes place in the United Kingdom, or

(b)
the United Kingdom is the country of arrival, entry, departure, or travel

of any person in relation to whom the offence is committed.”



© Parliamentary copyright	Revised 14 October 2014