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Modern Slavery Bill (HC Bill 8)

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(b) the other persons mentioned in subsection (2) (if they wish to be heard),

may make any order varying, renewing or discharging the slavery and
trafficking risk order that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on
5the defendant, only if the court is satisfied that—

(a) there is a risk that the defendant may commit a slavery or human
trafficking offence, and

(b) it is necessary to renew or vary the order for the purpose of protecting
persons generally, or particular persons, from the physical or
10psychological harm which would be likely to occur if the defendant
committed such an offence.

(5) Any renewed or varied order may contain only those prohibitions which the
court is satisfied are necessary for that purpose.

(6) The court must not discharge an order before the end of 2 years beginning with
15the day on which the order was made, without the consent of—

(a) the defendant and the chief officer of police for the area in which the
defendant lives, or

(b) where the application is made by a chief officer of police, the defendant
and that chief officer.

(7) 20An immigration officer must give notice of any application the officer makes
under this section to the chief officer of police for—

(a) the police area where the defendant lives, or

(b) a police area which the immigration officer believes the defendant is in
or is intending to come to.

(8) 25In this section “the appropriate court” means—

(a) where an adult magistrates’ court made the slavery and trafficking risk
order—

(i) that court,

(ii) any adult magistrates’ court for the area in which the defendant
30lives, or

(iii) where the application is made by a chief officer of police, any
adult magistrates’ court acting for a local justice area that
includes any part of the chief officer’s police area;

(b) where a youth court made the order and the defendant is under 18—

(i) 35that court,

(ii) a youth court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any
youth court acting for a local justice area that includes any part
of the chief officer’s police area;

(c) 40where a youth court made the order and the defendant is 18 or over—

(i) an adult magistrates’ court for the area in which the defendant
lives, or

(ii) where the application is made by a chief officer of police, any
adult magistrates’ court acting for a local justice area that
45includes any part of the chief officer’s police area.

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27 Interim slavery and trafficking risk orders

(1) This section applies where an application for a slavery and trafficking risk
order (“the main application”) has not been determined.

(2) An application for an interim slavery and trafficking risk order—

(a) 5may be made by the complaint by which the main application is made,
or

(b) if the main application has been made, may be made by the person who
has made that application, by complaint to the court to which that
application has been made.

(3) 10The court may, if it considers it just to do so, make an interim slavery and
trafficking risk order.

(4) An interim slavery and trafficking risk order is an order which prohibits the
defendant from doing anything described in the order.

(5) The order may prohibit the defendant from doing things in any part of the
15United Kingdom, and anywhere outside the United Kingdom.

(6) The order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination
of the main application.

(7) 20The applicant or the defendant may by complaint apply to the court that made
the interim slavery and trafficking risk order for the order to be varied,
renewed or discharged.

28 Appeals

(1) A defendant may appeal to the Crown Court—

(a) 25against the making of a slavery and trafficking risk order;

(b) against the making of an interim slavery and trafficking risk order;

(c) against the making of an order under section 26, or the refusal to make
such an order.

(2) The Crown Court may make such orders as may be necessary to give effect to
30its determination of the appeal, and may also make such incidental or
consequential orders as appear to it to be just.

(3) An order made by the Crown Court on an appeal against the making of a
slavery and trafficking risk order or an interim slavery and trafficking risk
order is to be treated for the purposes of section 26(8) or 27(7) (respectively) as
35if it were an order of the court from which the appeal was brought.

(4) Subsection (3) does not apply to an order directing that an application be re-
heard by a magistrates’ court.

Offences and supplementary provision

29 Offences

(1) 40A person who, without reasonable excuse, does anything that the person is
prohibited from doing by—

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(a) a slavery and trafficking prevention order,

(b) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) an interim slavery and trafficking risk order,

5commits an offence.

(2) A person commits an offence if, without reasonable excuse, the person fails to
comply with a requirement imposed under—

(a) section 19(4), or

(b) section 25(4).

(3) 10A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
5 years;

(b) on summary conviction, to imprisonment for a term not exceeding 6
months or a fine not exceeding £5,000 or both.

(4) 15Where a person is convicted of an offence under this section, it is not open to
the court by or before which the person is convicted to make an order for
conditional discharge in respect of the offence.

(5) The Secretary of State may by regulations amend subsection (3)(b) to increase
or remove the limit on the amount of the fine which may be imposed under
20that subsection.

30 Cross-border enforcement

(1) The Secretary of State may by regulations amend section 29(1) so as to add to
or remove from the list of orders in that section any relevant UK order.

(2) “Relevant UK order” means an order under the law of Scotland or Northern
25Ireland which appears to the Secretary of State to be equivalent or similar to—

(a) a slavery and trafficking prevention order,

(b) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) an interim slavery and trafficking risk order.

31 30Rules of court

(1) Rules of court may provide for a youth court to give permission for an
application under section 16 or 23 against a person aged 18 or over to be made
to the youth court if—

(a) an application to the youth court has been made, or is to be made,
35under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for the
applications to be heard together.

(2) Rules of court may, in relation to a person reaching the age of 18 after
proceedings against that person by virtue of this Part have begun—

(a) 40prescribe circumstances in which the proceedings may or must remain
in the youth court;

(b) make provision for the transfer of the proceedings from the youth court
to an adult magistrates’ court (including provision applying sections 21
and 27 with modifications).

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32 Guidance to chief officers of police etc

(1) The Secretary of State must issue guidance to chief officers of police,
immigration officers and the Director General of the National Crime Agency in
relation to the exercise by them of their powers under this Part.

(2) 5The Secretary of State may, from time to time, revise the guidance issued under
subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under
this section to be published in a way the Secretary of State considers
appropriate.

33 10Interpretation of Part 2

(1) In this Part—

  • “adult magistrates court” means a magistrates’ court that is not a youth
    court;

  • “cautioned” means cautioned after the person concerned has admitted the
    15offence;

  • “interim slavery and trafficking prevention order” means an order made
    under section 21;

  • “interim slavery and trafficking risk order” means an order made under
    section 27;

  • 20“slavery or human trafficking offence” means an offence listed in
    Schedule 2;

  • “slavery and trafficking prevention order” means an order made under
    section 15 or 16;

  • “slavery and trafficking risk order” means an order made under section
    2523.

(2) In this Part “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act
1971;

(b) a passport issued by or on behalf of the authorities of a country outside
30the United Kingdom, or by or on behalf of an international
organisation;

(c) a document that can be used (in some or all circumstances) instead of a
passport.

(3) In this Part a reference to a conviction includes a conviction for an offence in
35respect of which an order for conditional discharge is made, despite—

(a) section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(conviction with conditional discharge deemed not to be a conviction),

(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.
1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).

(4) 40Subsection (3) applies only to convictions after this Part comes into force.

(5) In this Part a reference to a conviction includes a finding of a court in summary
proceedings that the accused did the act charged, where the court makes an
order under—

(a) section 37(3) of the Mental Health Act 1983,

(b) 45section 58(3) of the Criminal Procedure (Scotland) Act 1995, or

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(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I.
1986/595 (N.I. 4)),

(hospital and guardianship orders).

(6) In relation to an offence under the law of Scotland, a reference in this Part to a
5person being found not guilty by reason of insanity is to be treated as a
reference to a person being acquitted by reason of the special defence in section
51A of the Criminal Procedure (Scotland) Act 1995.

(7) In this Part, a reference to a finding that a person is under a disability and has
done the act charged against the person in respect of an offence includes a
10finding that a person is insane or unfit to be tried and has done the act charged
against the person in respect of an offence.

(8) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to
a complaint under any provision of this Part.

(9) A person’s age is to be treated for the purposes of this Part as being that which
15it appears to the court to be after considering any available evidence.

Part 3 The Anti-slavery Commissioner

34 The Anti-slavery Commissioner

(1) The Secretary of State must appoint a person as the Anti-slavery Commissioner
20(in this Part “the Commissioner”).

(2) The Commissioner is to hold office in accordance with the terms of the
Commissioner’s appointment.

(3) The Secretary of State may pay in respect of the Commissioner any expenses,
remuneration or allowances that the Secretary of State may determine.

(4) 25The Secretary of State may, after consultation with the Commissioner, provide the
Commissioner with—

(a) such staff, and

(b) such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the exercise of the Commissioner’s
30functions.

(5) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for membership: other disqualifying offices) at the
appropriate place insert—

  • Anti-slavery Commissioner.

(6) 35In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—

  • The Anti-slavery Commissioner.

35 General functions of Commissioner

(1) The Commissioner must encourage good practice in—

(a) 40the prevention, detection, investigation and prosecution of offences
under sections 1, 2 and 4;

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(b) the identification of victims of those offences.

(2) The things that the Commissioner may do in pursuance of subsection (1)
include—

(a) making reports to the Secretary of State on any permitted matter;

(b) 5making recommendations to any public authority about the exercise of
its functions in England and Wales;

(c) undertaking or supporting (financially or otherwise) the carrying out of
research;

(d) providing information, education or training;

(e) 10consulting people;

(f) co-operating with or working jointly with other persons, in the United
Kingdom or elsewhere.

(3) In subsection (2)(a) “permitted matter” means a matter which—

(a) the Secretary of State has authorised the Commissioner to report on, or

(b) 15the current strategic plan, approved by the Secretary of State under
section 36(6), states is a matter the Commissioner proposes to report on.

(4) The Commissioner must (after ascertaining whether the Secretary of State
wishes to exercise the power conferred by subsection (5)) publish each report
made to the Secretary of State under subsection (2)(a).

(5) 20The Secretary of State may direct the Commissioner to omit from any report
before publication any material whose publication the Secretary of State
thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person, or

(c) 25might prejudice the investigation or prosecution of an offence.

36 Strategic plans and annual reports

(1) The Commissioner must, as soon as reasonably practicable after the
Commissioner’s appointment, prepare a strategic plan and submit it to the
Secretary of State for approval.

(2) 30The Commissioner must, before the end of the period to which a strategic plan
relates (“the current period”), prepare a strategic plan for a period immediately
following the current period and submit it to the Secretary of State for
approval.

(3) The Commissioner may at any time prepare a revised strategic plan and
35submit it to the Secretary of State for approval.

(4) A strategic plan is a plan setting out how the Commissioner proposes to
exercise the Commissioner’s functions in the period to which the plan relates,
which must be not less than one year and not more than three years.

(5) A strategic plan must in particular—

(a) 40state the Commissioner’s objectives and priorities for the period to
which the plan relates;

(b) state any matters on which the Commissioner proposes to report under
section 35(2)(a) during that period;

(c) state any other activities the Commissioner proposes to undertake
45during that period in the exercise of the Commissioner’s functions.

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(6) The Secretary of State may approve a strategic plan either without
modifications or with modifications agreed with the Commissioner.

(7) As soon as reasonably practicable after the end of each calendar year the
Commissioner must submit to the Secretary of State an annual report on the
5exercise of the Commissioner’s functions during the year.

(8) An annual report must include—

(a) an assessment of the extent to which the Commissioner’s objectives and
priorities have been met in that year;

(b) a statement of the matters on which the Commissioner has reported
10under section 35(2)(a) during the year;

(c) a statement of the other activities the Commissioner has undertaken
during the year in the exercise of the Commissioner’s functions.

(9) The Secretary of State must lay before Parliament—

(a) any strategic plan the Secretary of State approves, and

(b) 15any annual report the Secretary of State receives,

and must do so as soon as reasonably practicable after approving the plan or
receiving the report.

(10) Before laying an annual report before Parliament the Secretary of State may
remove from the report any material whose publication the Secretary of State
20thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person, or

(c) might prejudice the investigation or prosecution of an offence.

37 Duty to co-operate with Commissioner

(1) 25The Commissioner may request a specified public authority to co-operate with
the Commissioner in any way that the Commissioner considers necessary for
the purposes of the Commissioner’s functions.

(2) A specified public authority must so far as reasonably practicable comply with
a request made to it under this section.

(3) 30A public authority which discloses information to the Commissioner in
pursuance of subsection (2) does not breach any obligation of confidence owed
by the public authority.

(4) But subsection (2) does not require or authorise any disclosure of information
which contravenes any other restriction on the disclosure of information
35(however imposed).

(5) In this section “specified public authority” means a public authority which is
specified in, or is of a description specified in, regulations made by the
Secretary of State for the purposes of this section.

38 Restriction on exercise of functions

(1) 40The Commissioner must not exercise any function in relation to an individual
case.

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(2) Subsection (1) does not prevent the Commissioner considering individual
cases and drawing conclusions about them for the purpose of, or in the context
of, considering a general issue.

Part 4 5Protection of victims

39 Defence for slavery or trafficking victims compelled to commit an offence

(1) A person is not guilty of an offence if—

(a) the person does the act which constitutes the offence because the
person is compelled to do that act,

(b) 10the compulsion is attributable to slavery or to relevant exploitation, and

(c) a reasonable person in the same situation as the person and having the
person’s relevant characteristics would have no realistic alternative to
doing that act.

(2) “Relevant characteristics” means age, sex and any physical or mental illness or
15disability.

(3) A person may be compelled to do something by another person or by the
person’s circumstances.

(4) Compulsion is attributable to slavery or to relevant exploitation only if—

(a) it is, or is part of, conduct which constitutes an offence under section 1
20or conduct which constitutes relevant exploitation, or

(b) it is a direct consequence of a person being, or having been, a victim of
slavery or a victim of relevant exploitation.

(5) “Relevant exploitation” is exploitation (within the meaning of section 3) that is
attributable to the exploited person being, or having been, a victim of human
25trafficking.

(6) In this section references to an act include an omission.

(7) Subsection (1) does not apply to an offence listed in Schedule 3.

(8) The Secretary of State may by regulations amend Schedule 3.

40 Special measures for witnesses in criminal proceedings

(1) 30The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress
about testifying) for “section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2014”.

(3) 35In section 25(4)(a) (offences where court may direct evidence to be given in
private) for “section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act
2014”.

(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18)
40for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2014”.

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41 Child trafficking advocates

(1) The Secretary of State may make arrangements to enable persons (“child
trafficking advocates”) to be available to represent and support children who
there is reason to believe may be victims of human trafficking.

(2) 5In making arrangements under subsection (1) the Secretary of State must have
regard to the principle that, so far as practicable, a child should be represented
and supported by someone who is independent of any person who will be
responsible for making decisions about the child.

(3) The arrangements may include provision for payments to be made to, or in relation to,
10persons carrying out functions in accordance with the arrangements.

(4) The Secretary of State may make regulations about child trafficking advocates,
and may in particular make provision—

(a) about the circumstances in which, and any conditions subject to which,
a person may act as a child trafficking advocate;

(b) 15for the appointment of a person as a child trafficking advocate to be
subject to approval in accordance with the regulations;

(c) about the functions of child trafficking advocates;

(d) requiring public authorities to co-operate with, and provide
information to, child trafficking advocates.

(5) 20The Secretary of State must, no later than 9 months after the day on which this
Act is passed, lay before Parliament a report on the steps the Secretary of State
proposes to take in relation to the powers conferred by this section.

42 Guidance about identifying and supporting victims

(1) The Secretary of State must issue guidance to such public authorities and other
25persons as the Secretary of State considers appropriate about—

(a) the sorts of things which indicate that a person may be a victim of
slavery or human trafficking;

(b) arrangements for providing assistance and support to persons who
there is reason to believe may be victims of slavery or human
30trafficking;

(c) arrangements for determining whether a person is to be treated as a
victim of slavery or human trafficking.

(2) The Secretary of State may, from time to time, revise the guidance issued under
subsection (1).

(3) 35The Secretary of State must arrange for any guidance issued or revised under
this section to be published in a way the Secretary of State considers
appropriate.

43 Presumption about age

(1) This section applies where—

(a) 40a public authority with functions under relevant arrangements has
reason to believe a person may be a victim of human trafficking, and

(b) the authority is not certain of the person’s age but has reason to believe
the person may be under 18.

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(2) Until an assessment of the person’s age is carried out by a local authority or the
person’s age is otherwise determined, the public authority must assume for the
purposes of its functions under relevant arrangements that the person is under
18.

(3) 5“Relevant arrangements” means arrangements for providing assistance and
support to persons who there is reason to believe may be victims of human
trafficking, as set out in guidance issued under section 42(1)(b).

(4) “Local authority” has the same meaning as in the Children Act 1989 (see section
105 of that Act).

44 10Duty to notify NCA about suspected victims of slavery or human trafficking

(1) A specified public authority must notify the National Crime Agency if it has
reason to believe that a person may be a victim of slavery or human trafficking.

(2) The Secretary of State may by regulations make provision about the
information to be included in a notification.

(3) 15The regulations must provide that a notification relating to a person aged 18 or
over may not include information that—

(a) identifies the person, or

(b) enables the person to be identified (either by itself or in combination
with other information),

20unless the person consents to the inclusion of the information.

(4) The regulations may not require information to be included if its inclusion
would result in a disclosure which contravenes the Data Protection Act 1998.

(5) In this section “specified public authority” means a public authority specified
in regulations made by the Secretary of State for the purposes of this section.

25Part 5 Final provisions

45 Interpretation

(1) For the purposes of this Act a person is a victim of slavery if he or she is a victim
of—

(a) 30conduct which constitutes an offence under section 1, or

(b) conduct which would have constituted an offence under that section if
that section had been in force when the conduct occurred.

(2) For the purposes of this Act a person is a victim of human trafficking if he or
she is the victim of—

(a) 35conduct which constitutes an offence under section 2, or would
constitute an offence under that section if the person responsible for the
conduct were a UK national, or

(b) conduct which would have been within paragraph (a) if section 2 had
been in force when the conduct occurred.

(3) 40In this Act—

  • “country” includes territory or other part of the world;

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  • “immigration officer” means a person appointed as an immigration
    officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • “public authority” means any public authority within the meaning of
    section 6 of the Human Rights Act 1998 (other than a court or tribunal)
    5which exercises functions in England and Wales;

  • UK national” has the meaning given by section 14.

46 Consequential provision

(1) Schedule 4 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make whatever provision the
10Secretary of State thinks appropriate in consequence of this Act.

(3) The provision which may be made by regulations under subsection (2)
includes provision amending, repealing or revoking any provision of an Act or
subordinate legislation (including an Act passed or subordinate legislation
made in the same session as this Act).

47 15Regulations

(1) Any power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Act is subject to
annulment in pursuance of a resolution of either House of Parliament, unless—

(a) 20it contains only regulations under section 50 (commencement), or

(b) it contains regulations to which subsection (4) applies.

(3) A statutory instrument containing regulations to which subsection (4) applies
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(4) 25This section applies to—

(a) regulations under section 15(4) (power to amend Schedule 2);

(b) regulations under section 30(1) (power to amend section 29);

(c) regulations under section 39(8) (power to amend Schedule 3);

(d) regulations under section 41(4) (child trafficking advocates);

(e) 30regulations under section 46(2) (consequential provision) which
amend, or repeal any provision of, an Act.

(5) Regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include saving, transitional, transitory, supplementary or
35consequential provision.

(6) This section (apart from subsection (5)) does not apply to regulations under
paragraph 5 of Schedule 1.

48 Financial provisions

There is to be paid out of money provided by Parliament—

(a) 40any expenditure incurred under or by virtue of this Act by the Secretary of
State;

Modern Slavery BillPage 31

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

49 Extent

(1) This Act extends to England and Wales only, subject to subsection (2).

(2) 5An amendment or repeal made by this Act has the same extent as the provision
amended or repealed.

(3) But the amendments and repeals made by the following provisions of Schedule
4 extend to England and Wales only—

(a) paragraph 2,

(b) 10paragraph 5(2),

(c) paragraph 6,

(d) paragraph 8,

(e) paragraph 14.

50 Commencement

(1) 15This Act comes into force on whatever day or days the Secretary of State
appoints by regulations, subject to subsections (2) and (3).

(2) Section 41(5) comes into force at the end of the period of 2 months beginning
with the day on which this Act is passed.

(3) This Part, other than section 46(1) and Schedule 4, comes into force on the day
20on which this Act is passed.

(4) The Secretary of State may by regulations make whatever saving, transitory or
transitional provision the Secretary of State thinks appropriate in connection
with the coming into force of any provision of this Act.

51 Short title

25This Act may be cited as the Modern Slavery Act 2014.

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SCHEDULES

Section 13

SCHEDULE 1 Enforcement powers in relation to ships

Introductory

1 (1) 5This Schedule sets out the powers exercisable by enforcement officers under
section 13.

(2) In this Schedule—

  • “items subject to legal privilege” has the same meaning as in the Police
    and Criminal Evidence Act 1984 (see section 10 of that Act);

  • 10“the ship” means the ship in relation to which the powers set out in this
    Schedule are exercised.

Power to stop, board, divert and detain

2 (1) This paragraph applies if an enforcement officer has reasonable grounds to
suspect that—

(a) 15an offence under section 1 or 2 is being, or has been, committed on
the ship, or

(b) the ship is otherwise being used in connection with the commission
of an offence under either of those sections.

(2) The enforcement officer may—

(a) 20stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port (in England and Wales or
elsewhere) and detained there.

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State
25is required before an enforcement officer may exercise the power conferred
by sub-paragraph (2)(c) to require the ship to be taken to a port outside
England and Wales.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the
State in which the port is located is willing to receive the ship.

(5) 30If the enforcement officer is acting under authority given for the purposes of
section 13(5), the officer may require the ship to be taken to—

(a) a port in the home state in question, or

(b) if the home state requests, any other State willing to receive the ship.

(6) The enforcement officer may require the master of the ship, or any member
35of its crew, to take such action as is necessary for the purposes of sub-
paragraph (2) or (5).

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(7) An enforcement officer must give notice in writing to the master of any ship
detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is
withdrawn by the giving of a further notice in writing signed by an
5enforcement officer.

Power to search and obtain information

3 (1) This paragraph applies if an enforcement officer has reasonable grounds to
suspect that there is evidence on the ship (other than items subject to legal
privilege) relating—

(a) 10to an offence under section 1 or 2, or

(b) to an offence that is connected with an offence under either of those
sections.

(2) The enforcement officer may search—

(a) the ship;

(b) 15anyone on the ship;

(c) anything on the ship (including cargo).

(3) The enforcement officer may require a person on the ship to give
information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)

(a) 20is only a power to search to the extent that it is reasonably required
for the purpose of discovering evidence of the kind mentioned in
sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise an enforcement
officer to require the person to remove any clothing in public other
25than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) an enforcement
officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the
30ship or anything on it (but not including anything the officer has
reasonable grounds to believe to be an item subject to legal
privilege);

(c) make photographs or copies of anything the production of which the
officer has power to require.

(6) 35The power in sub-paragraph (5)(b) to require the production of documents,
books or records includes, in relation to documents, books or records kept in
electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers
40conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

4 (1) This paragraph applies if an enforcement officer has reasonable grounds to
suspect that an offence under section 1 or 2 has been, or is being, committed
on the ship.

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(2) The enforcement officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The enforcement officer may seize and detain anything found on the ship
which appears to the officer to be evidence of the offence (but not including
5anything that the officer has reasonable grounds to believe to be an item
subject to legal privilege).

Code of practice

5 (1) The Secretary of State must prepare and issue a code in respect of the
practice to be followed by enforcement officers when arresting a person
10under the power conferred by paragraph 4.

(2) The code must in particular provide guidance as to the information to be
given to the person at the time of arrest (whether about procedural rights or
other matters).

(3) A failure of an enforcement officer to comply with any provision of the code
15does not of itself render the officer liable to any criminal or civil proceedings.

(4) The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.

(5) 20The Secretary of State may at any time revise the whole or any part of the
code.

(6) The code, or any revision of the code, does not come into operation until the
Secretary of State so provides in regulations.

(7) Regulations under this paragraph are to be made by statutory instrument.

(8) 25An instrument containing regulations under this paragraph that bring the
code into operation may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of Parliament.

(9) An instrument containing regulations under this paragraph that bring a
revision of the code into operation must be laid before Parliament (if the
30regulations are made without a draft having been laid and approved as
mentioned in sub-paragraph (8)).

(10) Where an instrument, or a draft of an instrument, is laid, the code or revision
of the code to which it relates must also be laid.

Assistants

6 (1) 35An enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Schedule.

(2) A person accompanying an enforcement officer under sub-paragraph (1)
40may perform any of the officer’s functions under this Schedule, but only
under the officer’s supervision.

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