Modern Slavery Bill (HL Bill 51)

Modern Slavery Act 2014

36 An offence under any of the following provisions of the Modern Slavery Act
2014—

• section 1 (slavery, servitude and forced or compulsory labour)

• 5section 2 (human trafficking).

Ancillary offences

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

(2) An offence committed by aiding, abetting, counselling or procuring an
10offence 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 53

15SCHEDULE 4 Minor and consequential amendments

Part 1 Amendments relating to offences

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

1 (1) 20Schedule 1 to the Children and Young Persons Act 1933 (offences against
children and young persons to which special provisions of the Act apply) is
amended as follows.

(2) In the first entry relating to the Sexual Offences Act 2003 omit “59A to”.

(3) Omit the entry relating to the Asylum and Immigration (Treatment of
25Claimants, etc.) Act 2004.

(4) After that entry insert—

“An offence against a child or young person under section 2 of the
Modern Slavery Act 2014 (human trafficking), or any attempt to
commit such an offence.”

30Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

2 In section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or
aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a
passenger” to the end substitute “the victim of conduct which constitutes an
offence under section 2 of the Modern Slavery Act 2014 (human
35trafficking).”

Police and Criminal Evidence Act 1984 (c. 60)Police and Criminal Evidence Act 1984 (c. 60)

3 In section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning
and treatment of persons by police: meaning of “qualifying offence”) after
paragraph (r) insert—

“(s) 5an offence under section 2 of the Modern Slavery Act 2014
(human trafficking).”

Sexual Offences (Amendment) Act 1992 (c. 34)Sexual Offences (Amendment) Act 1992 (c. 34)

4 In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under
law of England and Wales to which the Act applies)—

(a) 10after paragraph (da) insert—

“(db) any offence under section 2 of the Modern Slavery Act
2014 (human trafficking);”;

(b) in paragraph (e) for “(da)” substitute “(db)”.

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

5 (1) 15The Sexual Offences Act 2003 is amended as follows.

(2) Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and
detention).

(3) In Schedule 5 (relevant offences for purposes of notification and orders) after
paragraph 63A insert—

“63B 20An offence under section 2 of the Modern Slavery Act 2014
(human trafficking).”

(4) In Schedule 6, omit paragraphs 31(2)(b) and 46(2).

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

6 (1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is
25amended as follows.

(2) Omit section 4 (trafficking people for exploitation).

(3) In section 5 (section 4 - supplementary provision) omit subsections (3) to (7)
and (11).

(4) In section 14(2) (immigration officers’ power of arrest)—

(a) 30omit paragraphs (n) and (p);

(b) after paragraph (q) insert—

“(r) an offence under section 2 of the Modern Slavery Act
2014.”

Serious Crime Act 2007 (c. 27)Serious Crime Act 2007 (c. 27)

7 (1) 35Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England
and Wales) is amended as follows.

(2) After paragraph 1 insert—

An offence under section 1 of the Modern Slavery Act 2014
(slavery, servitude and forced or compulsory labour).”

(3) In paragraph 2—

(a) 5omit sub-paragraphs (2) and (3);

(b) at the end insert—

“(4) An offence under section 2 of the Modern Slavery Act
2014.”

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

8 10Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and
forced or compulsory labour).

Protection of Freedoms Act 2012 (c. 9)2012 (c. 9)

9 (1) The Protection of Freedoms Act 2012 is amended as follows.

(2) Omit sections 109 and 110.

(3) 15In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.

Part 2 Amendments relating to slavery and trafficking reparation orders

Administration of Justice Act 1970 (c. 31)Administration of Justice Act 1970 (c. 31)

10 (1) The Administration of Justice Act 1970 is amended as follows.

(2) 20In section 41(8) (enforcement of orders for compensation etc) for “or 13A”
substitute “, 13A or 13B”.

(3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after
paragraph 13A insert—

“13B Where under section 8 of the Modern Slavery Act 2014 a court
25makes a slavery and trafficking reparation order.”

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

11 (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction
from certain benefits) is amended as follows.

(2) In subsection (1), for “or unlawful profit order” substitute “, an unlawful
30profit order or a slavery and trafficking reparation order”.

(3) In subsection (3)(b), for “or unlawful profit order” substitute “, an unlawful
profit order or a slavery and trafficking reparation order”.

(4) In subsection (4), after the definition of “prescribed” insert—

• ““slavery and trafficking reparation order” means an order
  35under section 8 of the Modern Slavery Act 2014;”.

Social Security (Recovery of Benefits) Act 1997 (c. 27)Social Security (Recovery of Benefits) Act 1997 (c. 27)

12 In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act
1997 (exempted payments), for “2000 or” substitute “2000, section 8 of the
Modern Slavery Act 2014,”.

5Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

13 In section 133(3)(c) of the Powers of Criminal Courts (Sentencing) Act 2000
(review of compensation orders), for the words from “a confiscation order”
to the end substitute “any or all of the following made against him in the
same proceedings—

“(i) 10a confiscation order under Part 6 of the Criminal
Justice Act 1988 or Part 2 of the Proceeds of Crime Act
2002;

(ii) an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013;

(iii) 15a slavery and trafficking reparation order under
section 8 of the Modern Slavery Act 2014; or”.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

14 (1) Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on
court’s other powers) is amended as follows.

(2) 20In subsection (3)(a)—

(a) for “or an” substitute “, an”;

(b) after “(unlawful profit orders)” insert “or an order under section 8 of
the Modern Slavery Act 2014 (slavery and trafficking reparation
orders)”.

(3) 25In subsection (5)—

(a) in paragraph (a) after “makes” insert “a confiscation order and one or
more of”;

(b) in paragraph (a)(i) omit “both a confiscation order and”;

(c) in paragraph (a)(ii) omit “both a confiscation order and”;

(d) 30after paragraph (a)(ii) insert—

“(iia) a slavery and trafficking reparation order
under section 8 of the Modern Slavery Act
2014,”;

(e) omit paragraph (a)(iii);

(f) 35in paragraph (b) omit “both the orders or”.

(4) In subsection (6) (priorities of confiscation orders and other orders) for the
words from “of the compensation” to “as it specifies” substitute “as it
specifies of the amount (or amounts) payable under the order (or orders)
listed in subsection (5)(a)(i) to (iia)”.

15 40In section 32(7)(b) of the Proceeds of Crime Act 2002 (court’s powers on
appeal) at the end insert “so far as they relate to such orders”.

16 In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme
Court) at the end insert “so far as they relate to such orders”.

17 In section 55(5) of the Proceeds of Crime Act 2002 (application of sums
received under confiscation order to pay compensation), for the words from
“of compensation” to “profit order” substitute “payable under an order
listed in section 13(5)(a)(i) to (iia)”.

18 5In section 308 of the Proceeds of Crime Act 2002 (general exceptions to
concept of recoverable property) after subsection (4) insert—

“(4A) If—

(a) a payment is made to a person in pursuance of a slavery and
trafficking reparation order under section 8 of the Modern
10Slavery Act 2014, and

(b) apart from this subsection, the sum received would be
recoverable property,

the property ceases to be recoverable.”

19 In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit
15paragraph 37(3).

Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)

20 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums
imposed on conviction) is amended as follows.

(2) In paragraph 2(2)—

(a) 20omit the “and” at the end of the definition of “a sum required to be
paid by a compensation order”;

(b) after the definition of “a sum required to be paid by an unlawful
profit order” insert—

• ““a sum required to be paid by a slavery and trafficking
  25reparation order” means any sum required to be paid
  by an order made under section 8 of the Modern
  Slavery Act 2014.”

(3) In paragraph 7A(1) for “or an unlawful profit order” substitute “, an
unlawful profit order or a slavery and trafficking reparation order”.

(4) 30In paragraph 13(1)(aa)—

(a) for “or a sum” substitute “, a sum”;

(b) after “unlawful profit order” insert “or a sum required to be paid by
a slavery and trafficking reparation order”;

(c) in sub-paragraph (i) for “or the” substitute “, the”;

(d) 35in that sub-paragraph after “unlawful profit order” insert “or the
amount required to be paid by the slavery and trafficking reparation
order”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

21 In section 151(5) of the Criminal Justice Act 2003 (orders for persistent
40offenders previously fined) after “2013” insert “or a slavery and trafficking
reparation order under section 8 of the Modern Slavery Act 2014”.

22 (1) Section 161A of the Criminal Justice Act 2003 (court’s duty to order payment
of surcharge) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a) for the words from “a” to “both)” substitute “one or
more of a compensation order, an unlawful profit order and a
slavery and trafficking reparation order”;

(b) in paragraph (b) for the words from “and appropriate
5compensation” to the end substitute “and appropriate amounts
under such of those orders as it would be appropriate to make”.

(3) In subsection (5) for “this section” substitute “this section —

• slavery and trafficking reparation order” means an order
  under section 8 of the Modern Slavery Act 2014, and”.

10Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

23 In paragraph 1 of Schedule 10 to the Health and Social Care (Community
Health and Standards) Act 2003 (recovery of NHS charges: exempted
payments)—

(a) omit “or” at the end of sub-paragraph (b);

(b) 15at the end of sub-paragraph (c) insert “or

(d) section 8 of the Modern Slavery Act 2014 (slavery
and trafficking reparation orders).”

Prevention of Social Housing Fraud Act 2013 (c. 3)2013 (c. 3)

24 (1) The Prevention of Social Housing Fraud Act 2013 is amended as follows.

(2) 20In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing)
Act 2000 to unlawful profit orders)—

(a) for the words from “133(3)(c)” to “confiscation order or” substitute
“133(3)(c)(ii) to an unlawful profit order under section 4 were to”;

(b) omit the second “(or both)”.

(3) 25In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and
30(2).