House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

9

House of Commons

Notices of Amendments

given on

Thursday 28 August 2014

Public Bill Committee

Modern Slavery Bill

Karen Bradley

1

Clause  3,  page  3,  line  21,  after “she” insert “is a child,”

Member’s explanatory statement

This amendment, together with amendments 2, 3 and 4, relate to the definition of groups who can

be exploited without force, threats or deception because they were selected due to particular

vulnerability. The amendments apply this to a child rather than a young person, and are intended

as a clarification.

Karen Bradley

2

Clause  3,  page  3,  line  21,  leave out “is young”

Karen Bradley

3

Clause  3,  page  3,  line  23,  at beginning insert “an adult, or”

Karen Bradley

4

Clause  3,  page  3,  line  23,  leave out “youth”

Karen Bradley

5

Clause  10,  page  6,  line  34,  leave out paragraph (d) and insert—

“(d)
the reference in section 133(3)(c)(iii) to a slavery and trafficking

reparation order under section 8 were to a compensation order under

section 130 of that Act;”

Member’s explanatory statement

This amendment is consequential on the amendment to section 133(3)(c) of the Powers of Criminal

Courts (Sentencing) Act 2000 made by paragraph 9D of Schedule 4 (as inserted by amendment

25).

Notices of Amendments: 28 August 2014
10

Modern Slavery Bill, continued

Karen Bradley

6

Clause  13,  page  9,  line  23,  after “waters” insert “or in international waters that do

not form part of the territorial sea of any State”

Member’s explanatory statement

This amendment enables law enforcement officers to exercise enforcement powers in relation to

stateless vessels in international waters that do not form part of the territorial sea of any State,

where a modern slavery offence is suspected.

Karen Bradley

7

Clause  20,  page  15,  line  17,  at end insert—

“( )
where the order was made on an application under section 16 by the

Director General of the National Crime Agency (“the Director General”),

the Director General.”

Member’s explanatory statement

This amendment enables the Director General of the National Crime Agency to apply to the

appropriate court to vary, renew or discharge a slavery and trafficking prevention order.

Karen Bradley

8

Clause  20,  page  15,  line  24,  after “defendant” insert “or require the defendant to

comply with section (Slavery and trafficking prevention orders: requirement to provide

name and address)(3) to (6)”

Member’s explanatory statement

This amendment provides that a slavery and trafficking prevention order may be varied to require

the defendant to provide details of his or her name and address if the tests in clause 20(4) are met.

Karen Bradley

9

Clause  20,  page  15,  line  32,  at end insert—

“(b)
may require the defendant to comply with section (Slavery and

trafficking prevention orders: requirement to provide name and address)

(3) to (6) only if the court is satisfied that the requirement is necessary for

that purpose.”

Member’s explanatory statement

This amendment provides that a renewed or varied slavery and trafficking prevention order may

require the defendant to provide details of his or her name and address only if the court is satisfied

it is necessary for the purpose in clause 20(4)(b).

Karen Bradley

10

Clause  20,  page  16,  line  1,  leave out from beginning to “to” in line 2 and insert

“Where an immigration officer or the Director General makes an application under this

section, the officer or the Director General must give notice of the application”

Member’s explanatory statement

This amendment requires the Director General of the National Crime Agency to notify the relevant

chief officer of police of an application by the Director General to vary, renew or discharge a

slavery and trafficking prevention order.

Karen Bradley

11

Clause  20,  page  16,  line  4,  after “officer” insert “or the Director General”

Member’s explanatory statement

Notices of Amendments: 28 August 2014
11

Modern Slavery Bill, continued

This amendment is consequential on amendment 10.

Karen Bradley

12

Clause  21,  page  16,  line  42,  at end insert—

“(5A)
The order may (as well as imposing prohibitions on the defendant) require the

defendant to comply with subsections (3) to (6) of section (Slavery and trafficking

prevention orders: requirement to provide name and address).


If it does, those subsections apply as if references to a slavery and trafficking

prevention order were to an interim slavery and trafficking prevention order.”

Member’s explanatory statement

This amendment enables an interim slavery and trafficking prevention order to require the

defendant to provide details of his or her name and address.

Karen Bradley

13

Clause  26,  page  19,  line  42,  at end insert—

“( )
where the order was made on an application by the Director General of

the National Crime Agency (“the Director General”), the Director

General.”

Member’s explanatory statement

This amendment enables the Director General of the National Crime Agency to apply to the

appropriate court to vary, renew or discharge a slavery and trafficking risk order.

Karen Bradley

14

Clause  26,  page  20,  line  5,  after “defendant” insert “or require the defendant to

comply with section (Slavery and trafficking risk orders: requirement to provide name

and address)(3) to (6)”

Member’s explanatory statement

This amendment provides that a slavery and trafficking risk order may be varied to require the

defendant to provide details of his or her name and address if the tests in clause 26(4) are met.

Karen Bradley

15

Clause  26,  page  20,  line  13,  at end insert—

“(b)
may require the defendant to comply with section (Slavery and

trafficking risk orders: requirement to provide name and address)(3) to

(6) only if the court is satisfied that the requirement is necessary for that

purpose.”

Member’s explanatory statement

This amendment provides that a renewed or varied slavery and trafficking prevention order may

require the defendant to provide details of his or her name and address only if the court is satisfied

it is necessary for the purpose in clause 26(4)(b).

Karen Bradley

16

Clause  26,  page  20,  line  20,  leave out from beginning to “to” in line 21 and insert

“Where an immigration officer or the Director General makes an application under this

section, the officer or the Director General must give notice of the application”

Member’s explanatory statement

This amendment requires the Director General of the National Crime Agency to notify the relevant

chief officer of police of an application by the Director General to vary, renew or discharge a

slavery and trafficking risk order.

Notices of Amendments: 28 August 2014
12

Modern Slavery Bill, continued

Karen Bradley

17

Clause  26,  page  20,  line  23,  after “officer” insert “or the Director General”

Member’s explanatory statement

This amendment is consequential on amendment 16.

Karen Bradley

18

Clause  27,  page  21,  line  15,  at end insert—

“(5A)
The order may (as well as imposing prohibitions on the defendant) require the

defendant to comply with subsections (3) to (6) of section (Slavery and trafficking

risk orders: requirement to provide name and address).


If it does, those subsections apply as if references to a slavery and trafficking risk

order were to an interim slavery and trafficking risk order.”

Member’s explanatory statement

This amendment enables an interim slavery and trafficking risk order to require the defendant to

provide details of his or her name and address.

Karen Bradley

19

Clause  29,  page  22,  line  8,  after “19(4)” insert “or 25(4) (requirement to surrender

passports)”

Member’s explanatory statement

This amendment is consequential on amendment 20 and is rearranging existing provision in the

Bill (relating to the offence of failing to surrender a passport) without changing its effect.

Karen Bradley

20

Clause  29,  page  22,  line  9,  leave out “25(4)” and insert “(Slavery and trafficking

prevention orders: requirement to provide name and address)(1)”, 21(5A), (Slavery and

trafficking risk orders: requirement to provide name and address)(1) or 27(5A)

(requirement to provide name and address)”

Member’s explanatory statement

This amendment makes it an offence for a defendant to fail to give notification of the defendant‘s

name or address where this requirement has been imposed as a part of a slavery and trafficking

prevention or risk order (or an interim order).

Karen Bradley

21

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.

Karen Bradley

22

Schedule  4,  page  44,  line  3,  at end insert “, and

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

Member’s explanatory statement

This amendment makes a further amendment to the Sexual Offences (Amendment) Act 1992 in

consequence of the amendment made to that Act by paragraph 4 of Schedule 4.

Notices of Amendments: 28 August 2014
13

Modern Slavery Bill, continued

Karen Bradley

23

Schedule  4,  page  44,  line  12,  leave out “paragraph” and insert “paragraphs

31(2)(b) and”

Member’s explanatory statement

This amendment repeals a provision which is redundant in consequence of amendment 22.

Karen Bradley

24

Schedule  4,  page  44,  line  25,  leave out from beginning to end of line 26 and

insert—

    “( )
Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England

and Wales) is amended as follows.

      ( )
After paragraph 1 insert—

“Slavery etc

1A
An offence under section 1 of the Modern Slavery Act 2014

(slavery, servitude and forced or compulsory labour).”

      ( )
In paragraph 2—”

Member’s explanatory statement

This amendment amends the Serious Crime Act 2007 so that an offence under clause 1 will be a

serious criminal offence for the purposes of Part 1 of that Act (power to make serious crime

prevention orders against a person who has been involved in serious crime).

Karen Bradley

25

Schedule  4,  page  45,  line  2,  at end insert—

“Administration of Justice Act 1970 (c. 31)

9A  (1)
The Administration of Justice Act 1970 is amended as follows.

      (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—

“13B
Where under section 8 of the Modern Slavery Act 2014 a court

makes a slavery and trafficking reparation order.”

Criminal Justice Act 1991 (c. 53)

9B  (1)
Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction

from certain benefits) is amended as follows.

      (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 2014;”.

Notices of Amendments: 28 August 2014
14

Modern Slavery Bill, continued

Social Security (Recovery of Benefits) Act 1997 (c. 27)

9C
In 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 2014,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

9D
In 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 2014; or”.”

Member’s explanatory statement

This amendment and amendment 26 make amendments of legislation consequential on the

provisions about reparation orders in clauses 8 to 10. They provide for reparation orders to be

treated in a similar way to compensation orders under section 130 of the Powers of Criminal

Courts (Sentencing) Act 2000.

Karen Bradley

26

Schedule  4,  page  45,  line  42,  at end insert—

“15
In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit

paragraph 37(3).

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”.

Notices of Amendments: 28 August 2014
15

Modern Slavery Bill, continued

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).”

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

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.



© Parliamentary copyright	Revised 29 August 2014