Bill 184

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Bill 184

LORDS amendments to the
Modern Slavery Bill
[The page and line references are to HL Bill 51, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 20, leave out “their age,” and insert “the person being a child, the

person’s”
2
Page 1, line 21, at end insert—

“(b)
to any work or services provided by the person, including work or

services provided in circumstances which constitute exploitation

within section 3(3) to (6).”
3
Page 1, line 21, at end insert—

“( )
The consent of a person (whether an adult or a child) to any of the acts

alleged to constitute holding the person in slavery or servitude, or

requiring the person to perform forced or compulsory labour, does not

preclude a determination that the person is being held in slavery or

servitude, or required to perform forced or compulsory labour.”
Clause 2
4
Page 2, line 4, at end insert “(whether V is an adult or a child)”
Clause 8
5
Page 5, line 2, leave out “Crown Court” and insert “court”
6
Page 5, line 5, leave out “the Crown Court makes a confiscation order” and insert

“a confiscation order is made”
7
Page 5, line 7, leave out “Crown Court” and insert “court”
8
Page 5, line 10, leave out “it has made a confiscation order” and insert “a

confiscation order has been made”
9
Page 5, line 33, at end insert—

Bill 184 55/4

2

“( )
“the court” means—

(i)
the Crown Court, or

(ii)
any magistrates’ court that has power to make a

confiscation order by virtue of an order under section 97 of

the Serious Organised Crime and Police Act 2005

(confiscation orders by magistrates’ courts);”
Clause 10
10
Page 6, line 32, leave out “Crown Court” and insert “court (within the meaning of

section 8 above)”
11
Page 6, line 37, leave out paragraph (e)
12
Page 7, line 16, leave out from “order” to end of line 17 and insert “that could have

been made under section 8 above by virtue of the confiscation order”
Clause 13
13
Page 9, line 31, at end insert—

“( )
In sections 8 and 10, references to provisions of the Proceeds of Crime Act

2002 include references to those provisions as amended or otherwise

modified by virtue of an order (whenever made) under section 97 of the

Serious Organised Crime and Police Act 2005 (confiscation orders by

magistrates’ courts).”
Clause 30
14
Page 22, line 4, at end insert—

“(e)
a slavery and trafficking prevention order under Schedule 3 to the

Human Trafficking and Exploitation (Criminal Justice and Support

for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), or

(f)
an interim slavery and trafficking prevention order under that

Schedule to that Act,”
15
Page 22, line 15, leave out “not exceeding £5,000”
16
Page 22, line 19, leave out subsection (5)
Clause 34
17
Page 23, line 20, at end insert “(except in section 30(1)(f))”
18
Page 23, line 26, at end insert “(except in section 30(1)(e))”
Clause 37
19
Page 27, line 10, leave out paragraphs (a) to (c) and insert—

“(a)
section 1 of the Human Trafficking and Exploitation (Criminal

Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2

(N.I.)) (slavery, servitude and forced or compulsory labour);

(b)
section 2 of that Act (human trafficking).”

3

Clause 40
20
Page 30, line 28, leave out subsection (4) and insert—

“(4)
The Secretary of State—

(a)
must before the beginning of each financial year specify a

maximum sum which the Commissioner may spend that year,

(b)
may permit that to be exceeded for a specified purpose, and

(c)
subject to paragraphs (a) and (b), must defray the Commissioner’s

expenditure for each financial year.

(4A)
In this Part, “financial year” means—

(a)
the period beginning with the day on which the first Commissioner

takes office and ending with the following 31 March, and

(b)
each successive period of 12 months.

(4B)
The Commissioner may appoint staff.”
Clause 41
21
Page 31, line 6, leave out “subsection (1)” and insert “this section”
22
Page 31, line 9, leave out paragraph (b) and insert—

“(b)
section 1, 2 or 4 of the Human Trafficking and Exploitation

(Criminal Justice and Support for Victims) Act (Northern Ireland)

2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland),”
23
Page 31, line 15, leave out paragraph (e)
24
Page 31, line 28, leave out “people” and insert “public authorities (including the

Commissioner for Victims and Witnesses), voluntary organisations and other

persons”
25
Page 31, line 29, after second “with” insert “public authorities (including the

Commissioner for Victims and Witnesses), voluntary organisations and”
26
Page 31, line 30, leave out “elsewhere” and insert “internationally”
27
Page 31, line 30, at end insert—

“( )
The matters to which the Commissioner may have regard in pursuance of

subsection (1) include the provision of assistance and support to victims of

slavery and human trafficking offences.”
28
Page 31, line 38, after “Ministers” insert “, the Lord Advocate”
29
Page 32, line 5, leave out “or prosecution”
30
Page 32, line 6, at end insert—

“( )
The Lord Advocate may direct the Commissioner to omit from any report

before publication any material whose publication the Lord Advocate

thinks might prejudice the prosecution of an offence under the law of

Scotland.”
Clause 42
31
Page 33, line 1, leave out “calendar” and insert “financial”
32
Page 33, line 39, leave out “or prosecution”

4
33
Page 33, line 40, at end insert—

“( )
The Lord Advocate may remove from an annual report any material whose

publication the Lord Advocate thinks might prejudice the prosecution of

an offence under the law of Scotland.”
Clause 43
34
Page 34, line 9, at end insert “in relation to that information; but this does not apply

in relation to patient information.

( )
“Patient information” means information (however recorded) which—

(a)
relates to the physical or mental health or condition of an

individual, to the diagnosis of an individual’s condition or to an

individual’s care or treatment, or is to any extent derived directly

or indirectly from such information, and

(b)
identifies the individual or enables the individual to be identified

(either by itself or in combination with other information).”
35
Page 34, line 10, leave out “But” and insert “Except as provided by subsection (3),”
36
Page 34, line 11, leave out “any other” and insert “a”
37
Page 34, line 13, leave out from second “authority” to end of line 22 and insert

“listed in Schedule (Public authorities under a duty to co-operate with the

Commissioner).

(6)
The Scottish Ministers may by regulations amend that Schedule so as to—

(a)
add or remove a public authority having only functions which are

exercisable in or as regards Scotland (a “Scottish public authority”);

(b)
amend an entry relating to a Scottish public authority.

(7)
The Department of Justice in Northern Ireland may by regulations amend

that Schedule so as to—

(a)
add or remove a public authority having only functions which are

exercisable in or as regards Northern Ireland (a “Northern Irish

public authority”);

(b)
amend an entry relating to a Northern Irish public authority.

(8)
The Secretary of State may by regulations amend that Schedule so as to—

(a)
add or remove a public authority which is not a Scottish public

authority or a Northern Irish public authority;

(b)
amend an entry relating to a public authority which is not a Scottish

public authority or a Northern Irish public authority.

(9)
Regulations under subsection (6), (7) or (8) which add a public authority to

Schedule (Public authorities under a duty to co-operate with the Commissioner)

may contain provision modifying the application of this section in relation

to that authority.”
Clause 45
38
Page 34, line 32, at end insert—

“( )
the person is aged 18 or over when the person does the act which

constitutes the offence,”
39
Page 34, line 33, leave out “the act which constitutes the offence” and insert “that

act”