43 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
10relation to, persons 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,
15a person may act as a child trafficking advocate;

(b) for 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
20information to, child trafficking advocates.

(5) The 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.

44 Guidance about identifying and supporting victims

(1) 25The Secretary of State must issue guidance to such public authorities and other
persons 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
30there is reason to believe may be victims of slavery or human
trafficking;

(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
35subsection (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.

45 Presumption about age

(1) 40This section applies where—

(a) a 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.

(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 44(1)(b).

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

46 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

47 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;

Modern Slavery BillPage 32

• “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.

48 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).

49 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 52 (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 32(1) (power to amend section 31);

(c) regulations under section 41(8) (power to amend Schedule 3);

(d) regulations under section 43(4) (child trafficking advocates);

(e) 30regulations under section 48(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.

50 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;

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

51 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 18.

(4) Her Majesty may by Order in Council provide for any of the provisions of this
15Act to extend, with or without modifications, to any of the Channel Islands or
to the Isle of Man.

52 Commencement

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

(2) 20Section 43(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 48(1) and Schedule 4, comes into force on the day
on which this Act is passed.

(4) The Secretary of State may by regulations make whatever saving, transitory or
25transitional provision the Secretary of State thinks appropriate in connection
with the coming into force of any provision of this Act.

53 Short title

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

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).

(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.

(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.

Reasonable force

7 An enforcement officer may use reasonable force, if necessary, in the
performance of the officer’s functions under this Schedule.

Evidence of authority

8 5An enforcement officer must produce evidence of the officer’s authority if
asked to do so.

Protection of officers

9 An enforcement officer is not liable in any criminal or civil proceedings for
anything done in the purported performance of the officer’s functions under
10this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

10 (1) A person commits an offence if the person—

(a) 15intentionally obstructs an enforcement officer in the performance of
the officer’s functions under this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made
by an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by
20an enforcement officer in the performance of the officer’s functions under
this Schedule commits an offence if—

(a) the information is false in a material particular, and the person either
knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) 25A person guilty of an offence under this paragraph is liable on summary
conviction to a fine.

Section 15

SCHEDULE 2 Slavery and human trafficking offences

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

1 30An offence under section 145 of the Nationality, Immigration and Asylum
Act 2002 (trafficking for prostitution).

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

2 (1) An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act
2003 (trafficking for sexual exploitation).

(2) 35An offence under section 62 of that Act (committing offence with intent to
commit relevant sexual offence), where the relevant sexual offence the

person in question intended to commit was an offence under section 57, 58,
58A, 59 or 59A of that Act.

Criminal Justice (Scotland) Act 2003 (asp 7)2003 (asp 7)

3 An offence under section 22 of the Criminal Justice (Scotland) Act 2003
5(trafficking for prostitution).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

4 An offence under section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (trafficking for exploitation).

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

5 10An offence under section 71 of the Coroners and Justice Act 2009 (slavery,
servitude and forced or compulsory labour).

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)2010 (asp 13)

6 An offence under section 47 of the Criminal Justice and Licensing (Scotland)
Act 2010 (slavery, servitude and forced or compulsory labour).

15Modern Slavery Act 2014

7 An offence under section 1, 2 or 4 of this Act.

Ancillary offences

8 (1) An offence of attempting or conspiring to commit an offence listed in this
Schedule.

(2) 20An offence committed by aiding, abetting, counselling, procuring or inciting
the commission of an offence listed in this Schedule.

(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting) where the offence (or one of the offences) which the person in
question intends or believes would be committed is an offence listed in this
25Schedule.

Section 41

SCHEDULE 3 Offences to which defence in section 41(1) does not apply

Common law offences

1 False imprisonment.

2 30Kidnapping.

3 Manslaughter.

4 Murder.

5 Perverting the course of justice.

6 Piracy.

Offences against the Person Act 1861 (c. 100)Offences against the Person Act 1861 (c. 100)

7 An offence under any of the following provisions of the Offences Against the
5Person Act 1861—

• section 4 (soliciting murder)

• section 16 (threats to kill)

• section 18 (wounding with intent to cause grievous bodily harm)

• section 20 (malicious wounding)

• 10section 21 (attempting to choke, suffocate or strangle in order to commit
  or assist in committing an indictable offence)

• section 22 (using drugs etc to commit or assist in the committing of an
  indictable offence)

• section 23 (maliciously administering poison etc so as to endanger life
  15or inflict grievous bodily harm)

• section 27 (abandoning children)

• section 28 (causing bodily injury by explosives)

• section 29 (using explosives with intent to do grievous bodily harm)

• section 30 (placing explosives with intent to do bodily injury)

• 20section 31 (setting spring guns etc with intent to do grievous bodily
  harm)

• section 32 (endangering safety of railway passengers)

• section 35 (injuring persons by furious driving)

• section 37 (assaulting officer preserving wreck)

• 25section 38 (assault with intent to resist arrest).

Explosive Substances Act 1883 (c. 3)Explosive Substances Act 1883 (c. 3)

8 An offence under any of the following provisions of the Explosive
Substances Act 1883—

• section 2 (causing explosion likely to endanger life or property)

• 30section 3 (attempt to cause explosion, or making or keeping explosive
  with intent to endanger life or property)

• section 4 (making or possession of explosives under suspicious
  circumstances).

Infant Life (Preservation) Act 1929 (c. 34)Infant Life (Preservation) Act 1929 (c. 34)

9 35An offence under section 1 of the Infant Life (Preservation) Act 1929 (child
destruction).

Children and Young Persons Act 1933 (c. 12)Children and Young Persons Act 1933 (c. 12)

10 An offence under section 1 of the Children and Young Persons Act 1933
(cruelty to children).