SCHEDULE 3 continued
Modern Slavery BillPage 60
31
An offence under any of the following provisions of the Anti-terrorism,
Crime and Security Act 2001—
section 47 (use of nuclear weapons)
5section 50 (assisting or inducing certain weapons-related acts overseas)
section 113 (use of noxious substance or thing to cause harm or
intimidate).
32
An offence under any of the following provisions of the Female Genital
10Mutilation Act 2003—
section 1 (female genital mutilation)
section 2 (assisting a girl to mutilate her own genitalia)
section 3 (assisting a non-UK person to mutilate overseas a girl’s
genitalia).
33
An offence under any of the following provisions of the Sexual Offences Act
2003—
section 1 (rape)
section 2 (assault by penetration)
20section 3 (sexual assault)
section 4 (causing person to engage in sexual activity without consent)
section 5 (rape of child under 13)
section 6 (assault of child under 13 by penetration)
section 7 (sexual assault of child under 13)
25section 8 (causing or inciting child under 13 to engage in sexual activity)
section 9 (sexual activity with a child)
section 10 (causing or inciting a child to engage in sexual activity)
section 13 (child sex offences committed by children or young persons)
section 14 (arranging or facilitating commission of child sex offence)
30section 15 (meeting a child following sexual grooming)
section 16 (abuse of position of trust: sexual activity with a child)
section 17 (abuse of position of trust: causing or inciting a child to
engage in sexual activity)
section 18 (abuse of position of trust: sexual activity in presence of
35child)
section 19 (abuse of position of trust: causing a child to watch a sexual
act)
section 25 (sexual activity with a child family member)
section 26 (inciting a child family member to engage in sexual activity)
40section 30 (sexual activity with a person with a mental disorder
impeding choice)
section 31 (causing or inciting a person with a mental disorder
impeding choice to engage in sexual activity)
section 32 (engaging in sexual activity in the presence of a person with
45a mental disorder impeding choice)
Modern Slavery BillPage 61
section 33 (causing a person with a mental disorder impeding choice to
watch a sexual act)
section 34 (inducement, threat or deception to procure sexual activity
with a person with a mental disorder)
5section 35 (causing a person with a mental disorder to engage in or
agree to engage in sexual activity by inducement, threat or
deception)
section 36 (engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental disorder)
10section 37 (causing a person with a mental disorder to watch a sexual
act by inducement, threat or deception)
section 38 (care workers: sexual activity with a person with a mental
disorder)
section 39 (care workers: causing or inciting sexual activity)
15section 40 (care workers: sexual activity in the presence of a person with
a mental disorder)
section 41 (care workers: causing a person with a mental disorder to
watch a sexual act)
section 47 (paying for sexual services of a child)
20section 48 (causing or inciting child prostitution or pornography)
section 49 (controlling a child prostitute or a child involved in
pornography)
section 50 (arranging or facilitating child prostitution or pornography)
section 61 (administering a substance with intent)
25section 62 (committing offence with intent to commit sexual offence)
section 63 (trespass with intent to commit sexual offence)
section 64 (sex with an adult relative: penetration)
section 65 (sex with an adult relative: consenting to penetration)
section 66 (exposure)
30section 67 (voyeurism)
section 70 (sexual penetration of a corpse).
34
An offence under section 5 of the Domestic Violence, Crime and Victims Act
2004 (causing or allowing a child or vulnerable adult to die or suffer serious
35physical harm).
35
An offence under any of the following provisions of the Terrorism Act
2006—
section 5 (preparation of terrorist acts)
40section 6 (training for terrorism)
section 9 (making or possession of radioactive device or material)
section 10 (use of radioactive device or material for terrorist purposes)
section 11 (terrorist threats relating to radioactive devices etc).
Modern Slavery BillPage 62
36
An offence under any of the following provisions of the Modern Slavery Act
2015—
section 1 (slavery, servitude and forced or compulsory labour)
5section 2 (human trafficking).
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 54
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 2015 (human trafficking), or any attempt to
commit such an offence.”
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 2015 (human
35trafficking).”
Modern Slavery BillPage 63
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 2015
(human trafficking).”
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
2015 (human trafficking);”;
(b) in paragraph (e) for “(da)” substitute “(db)”.
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 2015
(human trafficking).”
(4) In Schedule 6, omit paragraphs 31(2)(b) and 46(2).
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
2015.”
7
(1)
35Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England
and Wales) is amended as follows.
Modern Slavery BillPage 64
(2) After paragraph 1 insert—
An offence under section 1 of the Modern Slavery Act 2015
(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
2015.”
8
10Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and
forced or compulsory labour).
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.
10
In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking
victims: definitions), in the definition of “exploitation” for the words from
20“section” to the end substitute “section 3 of the Modern Slavery Act 2015
(meaning of exploitation for purposes of human trafficking offence in
section 2 of that Act);”.
11 (1) The Administration of Justice Act 1970 is amended as follows.
(2)
In 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
30paragraph 13A insert—
“13B
Where under section 8 of the Modern Slavery Act 2015 a court
makes a slavery and trafficking reparation order.”
12
(1)
Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction
35from certain benefits) is amended as follows.
Modern Slavery BillPage 65
(2)
In subsection (1), for “or unlawful profit order” substitute “, an unlawful
profit 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) 5In subsection (4), after the definition of “prescribed” insert—
““slavery and trafficking reparation order” means an order
under section 8 of the Modern Slavery Act 2015;”.
13
In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act
101997 (exempted payments), for “2000 or” substitute “2000, section 8 of the
Modern Slavery Act 2015,”.
14
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”
15to the end substitute “any or all of the following made against him in the
same proceedings—
“(i)
a confiscation order under Part 6 of the Criminal
Justice Act 1988 or Part 2 of the Proceeds of Crime Act
2002;
(ii)
20an unlawful profit order under section 4 of the
Prevention of Social Housing Fraud Act 2013;
(iii)
a slavery and trafficking reparation order under
section 8 of the Modern Slavery Act 2015; or”.
15
(1)
25Section 13 of the Proceeds of Crime Act 2002 (effect of confiscation order on
court’s other powers) is amended as follows.
(2) In subsection (3)(a)—
(a) for “or an” substitute “, an”;
(b)
after “(unlawful profit orders)” insert “or an order under section 8 of
30the Modern Slavery Act 2015 (slavery and trafficking reparation
orders)”.
(3) In subsection (5)—
(a)
in paragraph (a) after “makes” insert “a confiscation order and one or
more of”;
(b) 35in paragraph (a)(i) omit “both a confiscation order and”;
(c) in paragraph (a)(ii) omit “both a confiscation order and”;
(d) after paragraph (a)(ii) insert—
“(iia)
a slavery and trafficking reparation order
under section 8 of the Modern Slavery Act
402015,”;
(e) omit paragraph (a)(iii);
(f) in 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
Modern Slavery BillPage 66
specifies of the amount (or amounts) payable under the order (or orders)
listed in subsection (5)(a)(i) to (iia)”.
16
In 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”.
17
5In 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”.
18
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
10listed in section 13(5)(a)(i) to (iia)”.
19
In 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
15trafficking reparation order under section 8 of the Modern
Slavery Act 2015, and
(b)
apart from this subsection, the sum received would be
recoverable property,
the property ceases to be recoverable.”
20
20In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit
paragraph 37(3).
21
(1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums
imposed on conviction) is amended as follows.
(2) 25In paragraph 2(2)—
(a)
omit 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—
30““a sum required to be paid by a slavery and trafficking
reparation order” means any sum required to be paid
by an order made under section 8 of the Modern
Slavery Act 2015.”
(3)
In paragraph 7A(1) for “or an unlawful profit order” substitute “, an
35unlawful profit order or a slavery and trafficking reparation order”.
(4) In 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) 40in sub-paragraph (i) for “or the” substitute “, the”;
(d)
in that sub-paragraph after “unlawful profit order” insert “or the
amount required to be paid by the slavery and trafficking reparation
order”.
Modern Slavery BillPage 67
22
In section 151(5) of the Criminal Justice Act 2003 (orders for persistent
offenders previously fined) after “2013” insert “or a slavery and trafficking
reparation order under section 8 of the Modern Slavery Act 2015”.
23
(1)
5Section 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
10slavery and trafficking reparation order”;
(b)
in paragraph (b) for the words from “and appropriate
compensation” 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 —
15slavery and trafficking reparation order” means an order
under section 8 of the Modern Slavery Act 2015, and”.
24
In paragraph 1 of Schedule 10 to the Health and Social Care (Community
Health and Standards) Act 2003 (recovery of NHS charges: exempted
20payments)—
(a) omit “or” at the end of sub-paragraph (b);
(b) at the end of sub-paragraph (c) insert “or
(d)
section 8 of the Modern Slavery Act 2015 (slavery
and trafficking reparation orders).”
25 (1) The Prevention of Social Housing Fraud Act 2013 is amended as follows.
(2)
In 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
30“133(3)(c)(ii) to an unlawful profit order under section 4 were to”;
(b) omit the second “(or both)”.
(3)
In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and
30(2).