(5) Regulations made by the Scottish Ministers under section 43 are subject to the
negative procedure.

(6) The power of the Department of Justice in Northern Ireland to make
regulations under section 43 is exercisable by statutory rule for the purposes of
5the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).

(7) Regulations made by the Department of Justice in Northern Ireland under
section 43 are subject to negative resolution (within the meaning of section
41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))).

(8) Regulations made under this Act may—

(a) 10make different provision for different purposes;

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

(9) This section (apart from subsection (8)) does not apply to regulations under
paragraph 5 of Schedule 2.

55 15Financial provisions

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

(a) any 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
20other Act out of money so provided.

56 Extent

(1) Parts 1, 2 and 5 extend to England and Wales only, subject to subsection (4).

(2) Part 3 extends as follows—

(a) section 35 extends to England and Wales only;

(b) 25section 36 extends to Scotland only;

(c) section 37 extends to Northern Ireland only;

(d) sections 38 and 39, and Schedule 2, extend to England and Wales,
Scotland and Northern Ireland.

(3) Parts 4, 6 and 7 extend to England and Wales, Scotland and Northern Ireland,
30subject to subsections (4) and (5).

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amended or repealed.

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

(a) 35paragraph 2,

(b) paragraph 5(2),

(c) paragraph 6,

(d) paragraph 8,

(e) paragraph 18.

(6) 40Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to any of the Channel Islands or
to the Isle of Man.

57 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) Section 47(6) comes into force at the end of the period of 2 months beginning
5with the day on which this Act is passed.

(3) This Part, other than section 53(1) and Schedule 4, comes into force on the day
on which this Act is passed.

(4) Before making regulations bringing into force any of the provisions of Part 3,
the Secretary of State must consult—

(a) 10the Scottish Ministers, so far as the provisions extend to Scotland;

(b) the Department of Justice in Northern Ireland, so far as the provisions
extend to Northern Ireland.

(5) The Secretary of State may not make regulations under subsection (1) bringing
section 47(1) to (5) (or any part of it) into force before the end of the period of 9
15months beginning with the day on which this Act is passed.

(6) After the end of that period—

(a) if a resolution is passed by each House of Parliament that section 47(1)
to (5) (or any part of it) should come into force, the Secretary of State
must make regulations under subsection (1) bringing into force that
20section (or that part of it);

(b) the Secretary of State may not make regulations under subsection (1)
bringing into force section 47(1) to (5) (or any part of it) unless required
to do so by paragraph (a).

(7) Regulations made by virtue of subsection (6)(a) must bring into force section
2547(1) to (5) (or the part of it specified in the resolutions) before the end of the
period of one month beginning with the day on which the resolutions are
passed (or, if they are passed on different days, the day on which the later of
them is passed).

(8) The Secretary of State may by regulations make whatever saving, transitory or
30transitional provision the Secretary of State thinks appropriate in connection
with the coming into force of any provision of this Act.

58 Short title

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

SCHEDULES

Section 14

SCHEDULE 1 Slavery and human trafficking offences

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

1 5An 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) 10An 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 15An offence under section 22 of the Criminal Justice (Scotland) Act 2003
(traffic in prostitution etc).

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).

20Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

5 An 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)
25Act 2010 (slavery, servitude and forced or compulsory labour).

Modern 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) An offence committed by aiding, abetting, counselling, procuring or inciting
5the 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
Schedule.

Section 35, 36 and 37

10SCHEDULE 2 Enforcement powers in relation to ships

Part 1 England and Wales

Introductory

1 (1) 15This Part of this Schedule sets out the powers exercisable by English and
Welsh constables and enforcement officers under sections 35 and 38(1).

(2) In this Part of 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);

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

Power to stop, board, divert and detain

2 (1) This paragraph applies if an English and Welsh constable or an enforcement
officer has reasonable grounds to suspect that—

(a) 25an 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 constable or enforcement officer may—

(a) 30stop 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
35is required before a constable or an enforcement officer may exercise the
power conferred by sub-paragraph (2)(c) to require the ship to be taken to a
port outside the United Kingdom.

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

(5) If the constable or enforcement officer is acting under authority given for the
5purposes of section 35(5), the constable or enforcement officer may require
the ship to be taken to—

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

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

(6) 10The constable or enforcement officer may require the master of the ship, or
any member of its crew, to take such action as is necessary for the purposes
of sub-paragraph (2) or (5).

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

(8) 15The 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 a constable
or an enforcement officer.

Power to search and obtain information

3 (1) This paragraph applies if an English and Welsh constable or an enforcement
20officer has reasonable grounds to suspect that there is evidence on the ship
(other than items subject to legal privilege) relating—

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

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

(2) 25The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

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

(3) The constable or enforcement officer may require a person on the ship to
30give information about himself or herself or about anything on the ship.

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

(a) is 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) 35in the case of a search of a person, does not authorise a constable or
an enforcement officer to require the person to remove any clothing
in public other than an outer coat, jacket or gloves.

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

(a) 40open any containers;

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

(c) 45make photographs or copies of anything the production of which the
constable or enforcement officer has power to require.

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

Power of arrest and seizure

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

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

(3) The constable or enforcement officer may seize and detain anything found
15on the ship which appears to the constable or officer to be evidence of the
offence (but not including anything that the constable or 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
20practice to be followed by English and Welsh constables and enforcement
officers when arresting a person under 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) 25A failure of a constable or an enforcement officer to comply with any
provision of the code does not of itself render the constable or officer liable
to any criminal or civil proceedings.

(4) The code—

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

(b) 30may 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) The 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
35Secretary of State so provides in regulations.

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

(8) An 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) 40An instrument containing regulations under this paragraph that bring a
revision of the code into operation must be laid before Parliament (if the
regulations 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) An English and Welsh constable or an enforcement officer may—

(a) 5be accompanied by other persons, and

(b) take equipment or materials,

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

(2) A person accompanying a constable or an enforcement officer under sub-
10paragraph (1) may perform any of the constable’s or officer’s functions
under this Part of this Schedule, but only under the constable’s or officer’s
supervision.

Reasonable force

7 An English and Welsh constable or an enforcement officer may use
15reasonable force, if necessary, in the performance of functions under this
Part of this Schedule.

Evidence of authority

8 An English and Welsh constable or an enforcement officer must produce
evidence of the constable’s or officer’s authority if asked to do so.

20Protection of constables and enforcement officers

9 An English and Welsh constable or an enforcement officer is not liable in any
criminal or civil proceedings for anything done in the purported
performance of functions under this Part of this Schedule if the court is
satisfied that—

(a) 25the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

10 (1) A person commits an offence under the law of England and Wales if the
person—

(a) 30intentionally obstructs a constable or an enforcement officer in the
performance of functions under this Part of this Schedule, or

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

(2) 35A person who provides information in response to a requirement made by a
constable or an enforcement officer in the performance of functions under
this Part of this Schedule commits an offence under the law of England and
Wales if—

(a) the information is false in a material particular, and the person either
40knows it is or is reckless as to whether it is, or

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

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

Part 2 Scotland

5Introductory

11 (1) This Part of this Schedule sets out the powers exercisable by Scottish
constables and enforcement officers under sections 36 and 38(4).

(2) In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in Chapter 3
  10of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that
  Act);

• “listed offence” has the meaning given by section 36(8);

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

15Power to stop, board, divert and detain

12 (1) This paragraph applies if a Scottish constable or an enforcement officer has
reasonable grounds to suspect that—

(a) a listed offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission
20of a listed offence.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port (in Scotland or elsewhere) and
25detained there.

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

(4) 30Authority for the purposes of sub-paragraph (3) may be given only if the
State or relevant territory in which the port is located is willing to receive the
ship.

(5) If the constable or enforcement officer is acting under authority given for the
purposes of section 36(5), the constable or officer may require the ship to be
35taken to—

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

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

(6) The constable or enforcement officer may require the master of the ship, or
40any member of its crew, to take such action as is necessary for the purposes
of sub-paragraph (2) or (5).

(7) A constable or 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 a constable
or an enforcement officer.

Power to search and obtain information

13 (1) 5This paragraph applies if a Scottish constable or an enforcement officer has
reasonable grounds to suspect that there is evidence on the ship (other than
items subject to legal privilege) relating—

(a) to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) 10The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

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

(3) The constable or enforcement officer may require a person on the ship to
15give information about himself or herself.

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

(a) is 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) 20in the case of a search of a person, does not authorise a constable or
an enforcement officer to require the person to remove any clothing
in public other than an outer coat, jacket or gloves.

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

(a) 25open any containers;

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

(c) 30make photographs or copies of anything the production of which the
constable or officer has power to require.

(6) The 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
35records 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
conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

14 (1) This paragraph applies if a Scottish constable or an enforcement officer has
40reasonable grounds to suspect that a listed offence has been, or is being,
committed on the ship.

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

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

5Assistants

15 (1) A Scottish constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of
10this Schedule.

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

15Reasonable force

16 A Scottish constable or an enforcement officer may use reasonable force, if
necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

17 A Scottish constable or an enforcement officer must produce evidence of the
20constable’s or officer’s authority if asked to do so.

Offences

18 (1) A person commits an offence under the law of Scotland if the person—

(a) intentionally obstructs a constable or an enforcement officer in the
performance of functions under this Part of this Schedule, or

(b) 25fails without reasonable excuse to comply with a requirement made
by a constable or an enforcement officer in the performance of those
functions.

(2) A person who provides information in response to a requirement made by a
Scottish constable or an enforcement officer in the performance of functions
30under this Part of this Schedule commits an offence under the law of
Scotland 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) 35A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) on conviction on indictment, to a fine.