Modern Slavery (Victim Support) Bill (HC Bill 211)

A

BILL

TO

Make provision about identifying and supporting victims of modern slavery;
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 Supporting victims of modern slavery

(1) The Modern Slavery Act 2015 is amended as follows.

(2) After section 48 insert―

48A Provision of assistance and support during reflection and recovery
5period

(1) The Secretary of State must ensure that a person to whom this section
applies is provided with assistance and support in accordance with this
section.

(2) This section applies to a person if―

(a) 10that person is aged 18 or over or, in a case where the age of the
person is uncertain, the person does not fall within the
provisions of section 51 of this Act (presumption about age);
and

(b) a referral relating to that person has been, or is about to be,
15made to the competent authority for a determination as to
whether or not the person is a victim of modern slavery.

(3) Unless the conditions in subsection (4) apply, assistance and support is
to be provided under this section until in relation to that person―

(a) a determination is made that there are not reasonable grounds
20to believe that the person is a victim of modern slavery; or

(b) a conclusive determination is made that the person is a victim
of modern slavery; or

(c) a conclusive determination is made that the person is not a
victim of modern slavery and all processes for reconsideration

Modern Slavery (Victim Support) BillPage 2

of such a determination including internal reviews and appeals
to an independent tribunal or court of law, have been
completed.

(4) If a conclusive determination that a person is a victim of modern
5slavery is made within the reflection and recovery period, assistance
and support is to be provided until the end of that period.

(5) The reflection and recovery period is the period of 45 days from the
date on which the referral mentioned in subsection (2)(b) is made.

(6) Where assistance and support has been provided to a person under this
10section, the Secretary of State may secure continued provision of that
assistance and support after the end of the period in subsection (5) for
such period as they think appropriate.

(7) The Secretary of State must ensure that a person to whom this section
applies is granted temporary admission to the United Kingdom under
15paragraph 21 of Schedule 2 to the Immigration Act 1971 where
necessary for the period in which they are entitled to support under this
section.

48B Provision of assistance and support to victims of modern slavery
following conclusive determination by a competent authority

(1) 20The Secretary of State must ensure that a person to whom this section
applies is provided with assistance and support in accordance with this
section.

(2) This section applies to a person if―

(a) that person is aged 18 or over or, in a case where the age of the
25person is uncertain, the person does not fall within the
provisions of section 51 of this Act (presumption about age);
and

(b) the competent authority has made a conclusive determination
that the person is a victim of modern slavery.

(3) 30Assistance and support is to be provided for a period of 12 months from
the day on which support provided under section 48A ends.

(4) The Secretary of State must ensure that a person to whom this section
applies is granted leave to remain in the United Kingdom for as long as
necessary for that person to receive support under this section for the
35period set out in subsection (3), unless the conditions in subsection (9)
apply.

(5) Where assistance and support has been provided to a person under this
section the Secretary of State may secure continued provision of that
assistance and support after the end of the period in subsection (3) for
40such period as they think appropriate subject to the requirements of
subsection (7).

(6) The Secretary of State may extend a grant of leave to remain made
under this section for the same period of time as the Secretary of State
considers assistance and support should be provided under subsection
45(5), subject to the requirements of subsection (7).

(7) In determining whether—

Modern Slavery (Victim Support) BillPage 3

(a) to secure continued provision of assistance and support under
subsection (5);

(b) to extend a grant of leave to remain under subsection (6); and

(c) the period of time for which such assistance and support or
5leave should be provided—

the Secretary of State must have regard to the criteria set out in
subsection (8).

(8) The criteria the Secretary of State shall consider under subsection (7)
are—

(a) 10that person’s individual circumstances;

(b) the needs of that person for safety and protection from harm;

(c) the needs of that person for medical and psychological
treatment;

(d) that person’s participation as a witness in criminal proceedings;

(e) 15whether that person is bringing any civil proceedings including
pursuing compensation; and

(f) the recommendations of that person’s support worker.

(9) The Secretary of State may refuse to grant leave to remain under this
section to a person if—

(a) 20the person is a sexual or violent offender; and

(b) the Secretary of State considers that the person poses a genuine,
present and serious risk to members of the public.

(10) When the Secretary of State refuses to grant leave under subsection (9),
the Secretary State shall give the person affected reasons for the refusal
25in writing.

48C Meaning of assistance and support

(1) For the purpose of sections 48A and 48B, “assistance and support” shall
include but not be restricted to the provision of—

(a) appropriate and safe accommodation;

(b) 30material assistance, including financial assistance;

(c) medical advice and treatment (including psychological
assessment and treatment);

(d) counselling;

(e) a support worker;

(f) 35appropriate information on any matter of relevance or potential
relevance to the particular circumstances of the person;

(g) translation and interpretation services;

(h) assistance in obtaining specialist legal advice or representation
(including with regard to access to compensation); and

(i) 40assistance with repatriation, which shall include a full risk
assessment.

(2) Assistance and support provided to a person under this Act—

(a) must not be conditional on the person’s acting as a witness in
any criminal proceedings;

(b) 45must only be provided with the consent of that person;

Modern Slavery (Victim Support) BillPage 4

(c) must be provided in a manner which takes due account of the
needs of that person as regards safety and protection from
harm;

(d) must be provided to meet the assessed needs of that person,
5having regard in particular to any special needs or
vulnerabilities of that person caused by gender, pregnancy,
physical or mental illness, disability or being the victim of
violence or abuse;

(e) shall be provided in accordance with an assistance and support
10plan which specifies that person’s needs for support and how
those needs will be met for the full duration of the period to
which that person is entitled to support under this Act.

(3) The Secretary of State must by regulations made by statutory
instrument set out minimum standards for assistance and support to be
15provided under this Act.

(4) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(5) Before publishing standards under this section, the Secretary of State
20must carry out a public consultation on the standards proposed.

48D Sections 48A to 48B: interpretation

(1) In sections 48A and 48B, there is a conclusive determination that a
person is, or is not, a victim of modern slavery when the identification
process conducted by a competent authority concludes that the person
25is, or is not, such a victim.

(2) In this section and sections 48A and 48B

  • “competent authority” means a person who is a competent
    authority of the United Kingdom for the purposes of the
    Council of Europe Convention on Action against Trafficking in
    30Human Beings;

  • “sexual or violent offender” means a person who falls within
    subsections (2) to (4A) of section 327 of the Criminal Justice Act
    2003 or who has been convicted of an offence under the law of
    another country which would have constituted an offence
    35falling within those subsections if it had been done in England
    and Wales;

  • “victim of modern slavery” means a victim of human trafficking or
    a victim of slavery.”

2 Minor and consequential amendments

(1) 40The Modern Slavery Act 2015 is amended as follows.

(2) Section 50(1) ceases to have effect.

3 Extent, commencement and short title

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

(2) This Act comes into force at the end of the period of 12 months, beginning with
45the day on which the Act is passed.

Modern Slavery (Victim Support) BillPage 5

(3) This Act may be cited as the Modern Slavery (Victim Support) Act 2018.

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