Modern Slavery (Transparency in Supply Chains) Bill (HC Bill 105)

A

BILL

TO

Require commercial organisations and public bodies to include a statement on
slavery and human trafficking in their annual report and accounts; and to
require contracting authorities to exclude from procurement procedures
economic operators who have not provided such a statement; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Slavery and human trafficking statement: annual report and accounts

(1) Section 54 of the Modern Slavery Act 2015 (transparency in supply chains etc)
is amended as follows.

(2) In subsection (1) after “subsection (2)” insert “or public body within subsection
5(2A)” and after “the organisation” insert “or public body”.

(3) After subsection (2) insert—

(2A) A public body is within this subsection if it is a “body governed by
public law”, a “contracting authority”, or a “central government
authority” within the meaning of regulation 2 of the Public Contracts
10Regulations 2015.”

(4) After subsection (6) insert—

(6A) Commercial organisations and public bodies must include the
statement in their annual report and accounts.”

(5) After subsection (10) insert—

(10A) 15The Secretary of State must publish a list of all commercial
organisations that are required to publish a statement under this
section.

(10B) The list referred to in subsection (10A) must be published in a place and
format that is easily accessible and the commercial organisations in the
20list must be categorised according to sector.”

Modern Slavery (Transparency in Supply Chains) BillPage 2

(6) The Schedule makes consequential amendments to the Modern Slavery Act
2015.

2 Transparency in supply chains: due diligence

In regulation 57 of the Public Contracts Regulations 2015, after paragraph (1)
5insert—

(1A) Contracting authorities shall exclude an economic operator from
participation in a procurement procedure where they have established,
by verifying in accordance with regulations 59, 60 and 61, or are
otherwise aware, that that economic operator has not produced a
10slavery and human trafficking statement under section 54 of the
Modern Slavery Act 2015 (transparency in supply chains etc), where it
is required under that Act to do so.”

3 Guidance for contracting authorities

The Secretary of State shall publish guidance for contracting authorities on
15compliance with regulation 57(1A) of the Public Contracts Regulations 2015
and section 54 of the Modern Slavery Act 2015.

4 Extent, commencement and short title

(1) This Act extends to England and Wales only.

(2) Sections 1 to 3 come into force at the end of the period of two months beginning
20with the day on which this Act is passed.

(3) This section comes into force on the day on which this Act is passed.

(4) This Act may be cited as the Modern Slavery (Transparency in Supply Chains)
Act 2016.

(5) Nothing in this Act shall impose any charge on the people or on public
25funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

Modern Slavery (Transparency in Supply Chains) BillPage 3

Section 1

Schedule Amendments to the Modern Slavery Act 2015

1 Section 54 of the Modern Slavery Act 2015 (transparency in supply chains)
is amended as follows.

2 5In subsection (4)(a) after “organisation” insert “or public body”.

3 In subsection (4)(b) after “organisation” insert “or public body”.

4 In subsection (5) for “An organisation‘s slavery and human trafficking
statement” substitute “The slavery and human trafficking statement of an
organisation or public body”.

5 10In subsection (5)(a) for “organisation’s structure” substitute “structure of an
organisation or public body”.

6 In subsection (6)(a) after “organisation” insert “or public body”.

7 In subsection (6)(b) after “organisation” insert “or public body”.

8 In subsection (6)(c) after “organisation” insert “or public body”.

9 15In subsection (6)(d) after “organisation” insert “or public body”.

10 In subsection (7) after “organisation” insert “or public body”.

11 In subsection (8) after “organisation” insert “or public body”.