51 Presumption about age

(1) This section applies where—

(a) a public authority with functions under relevant arrangements has
reasonable grounds to believe a person may be a victim of human
5trafficking, and

(b) the authority is not certain of the person’s age but has reasonable
grounds to believe the person may be under 18.

(2) Until an assessment of the person’s age is carried out by a local authority or the
person’s age is otherwise determined, the public authority must assume for the
10purposes of its functions under relevant arrangements that the person is under
18.

(3) “Relevant arrangements” means arrangements for providing assistance and
support to persons who are, or who there are reasonable grounds to believe
may be, victims of human trafficking, as set out in—

(a) 15any regulations made under section 50(1);

(b) guidance issued under section 49(1)(b).

(4) “Local authority” has the same meaning as in the Children Act 1989 (see section
105 of that Act).

52 Duty to notify Secretary of State about suspected victims of slavery or human
20trafficking

(1) If a public authority to which this section applies has reasonable grounds to
believe that a person may be a victim of slavery or human trafficking it must
notify—

(a) the Secretary of State, or

(b) 25if regulations made by the Secretary of State require it to notify a public
authority other than the Secretary of State, that public authority.

(2) The Secretary of State may by regulations make provision about the
information to be included in a notification.

(3) Regulations under subsection (2) must provide that a notification relating to a
30person aged 18 or over may not include information that—

(a) identifies the person, or

(b) enables the person to be identified (either by itself or in combination
with other information),

unless the person consents to the inclusion of the information.

(4) 35Regulations under subsection (2)—

(a) may provide that a public authority which includes information in a
notification in accordance with the regulations does not breach any
obligation of confidence owed by the public authority in relation to that
information;

(b) 40may not require or authorise the inclusion of information which
contravenes any other restriction on the disclosure of information
(however imposed).

(5) This section applies to—

(a) a chief officer of police for a police area,

(b) 45the chief constable of the British Transport Police Force,

(c) the National Crime Agency,

(d) a county council,

(e) a county borough council,

(f) a district council,

(g) 5a London borough council,

(h) the Greater London Authority,

(i) the Common Council of the City of London,

(j) the Council of the Isles of Scilly,

(k) the Gangmasters Licensing Authority.

(6) 10The Secretary of State may by regulations amend subsection (5) so as to—

(a) add or remove a public authority;

(b) amend the entry for a public authority.

53 Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, including those
15working for staff of diplomatic missions, shall be entitled to—

(a) change their employer (but not work sector) while in the United
Kingdom;

(b) renew their domestic worker or diplomatic domestic worker visa, each
such renewal being for a period not exceeding twelve months, as long
20as they remain in employment and are able to support themselves
without recourse to public funds;

(c) a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker has
25been a victim of modern slavery.

Part 6 Transparency in supply chains etc

54 Transparency in supply chains etc

(1) A commercial organisation within subsection (2) must prepare a slavery and
30human trafficking statement for each financial year of the organisation.

(2) A commercial organisation is within this subsection if it—

(a) supplies goods or services, and

(b) has a total turnover of not less than an amount prescribed by
regulations made by the Secretary of State.

(3) 35For the purposes of subsection (2)(b), an organisation’s total turnover is to be
determined in accordance with regulations made by the Secretary of State.

(4) A slavery and human trafficking statement for a financial year is—

(a) a statement of the steps the organisation has taken during the financial
year to ensure that slavery and human trafficking is not taking place—

(i) 40in any of its supply chains, and

(ii) in any part of its own business, or

(b) a statement that the organisation has taken no such steps.

(5) An organisation’s slavery and human trafficking statement may include
information about—

(a) the organisation’s structure, its business and its supply chains;

(b) its policies in relation to slavery and human trafficking;

(c) 5its due diligence processes in relation to slavery and human trafficking
in its business and supply chains;

(d) the parts of its business and supply chains where there is a risk of
slavery and human trafficking taking place, and the steps it has taken
to assess and manage that risk;

(e) 10its effectiveness in ensuring that slavery and human trafficking is not
taking place in its business or supply chains, measured against such
performance indicators as it considers appropriate;

(f) the training about slavery and human trafficking available to its staff.

(6) A slavery and human trafficking statement—

(a) 15if the organisation is a body corporate other than a limited liability
partnership, must be approved by the board of directors (or equivalent
management body) and signed by a director (or equivalent);

(b) if the organisation is a limited liability partnership, must be approved
by the members and signed by a designated member;

(c) 20if the organisation is a limited partnership registered under the Limited
Partnerships Act 1907, must be signed by a general partner;

(d) if the organisation is any other kind of partnership, must be signed by
a partner.

(7) If the organisation has a website, it must—

(a) 25publish the slavery and human trafficking statement on that website,
and

(b) include a link to the slavery and human trafficking statement in a
prominent place on that website’s homepage.

(8) If the organisation does not have a website, it must provide a copy of the
30slavery and human trafficking statement to anyone who makes a written
request for one, and must do so before the end of the period of 30 days
beginning with the day on which the request is received.

(9) The Secretary of State—

(a) may issue guidance about the duties imposed on commercial
35organisations by this section;

(b) must publish any such guidance in a way the Secretary of State
considers appropriate.

(10) The guidance may in particular include further provision about the kind of
information which may be included in a slavery and human trafficking
40statement.

(11) The duties imposed on commercial organisations by this section are
enforceable by the Secretary of State bringing civil proceedings in the High
Court for an injunction or, in Scotland, for specific performance of a statutory
duty under section 45 of the Court of Session Act 1988.

(12) 45For the purposes of this section—

• “commercial organisation” means—

  Modern Slavery BillPage 43

  (a)

  a body corporate (wherever incorporated) which carries on a
  business, or part of a business, in any part of the United
  Kingdom, or

  (b)

  a partnership (wherever formed) which carries on a business, or
  5part of a business, in any part of the United Kingdom,

  and for this purpose “business” includes a trade or profession;

• “partnership” means—

  (a)

  a partnership within the Partnership Act 1890,

  (b)

  a limited partnership registered under the Limited Partnerships
  10Act 1907, or

  (c)

  a firm, or an entity of a similar character, formed under the law
  of a country outside the United Kingdom;

• “slavery and human trafficking” means—

  (a)

  conduct which constitutes an offence under any of the
  15following—

  (i)

  section 1, 2 or 4 of this Act,

  (ii)

  section 1, 2 or 4 of the Human Trafficking and
  Exploitation (Criminal Justice and Support for Victims)
  Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent
  20offences in Northern Ireland),

  (iii)

  section 22 of the Criminal Justice (Scotland) Act 2003
  (asp 7) (traffic in prostitution etc),

  (iv)

  section 4 of the Asylum and Immigration (Treatment of
  Claimants, etc.) Act 2004 (trafficking for exploitation),

  (v)

  25section 47 of the Criminal Justice and Licensing
  (Scotland) Act 2010 (asp 13)2010 (asp 13) (slavery, servitude and
  forced or compulsory labour), or

  (b)

  conduct which would constitute an offence in a part of the
  United Kingdom under any of those provisions if the conduct
  30took place in that part of the United Kingdom.

Part 7 Final provisions

55 Interpretation

(1) For the purposes of this Act a person is a victim of slavery if he or she is a victim
35of—

(a) conduct which constitutes an offence under section 1, or

(b) conduct which would have constituted an offence under that section if
that section had been in force when the conduct occurred.

(2) For the purposes of this Act a person is a victim of human trafficking if he or
40she is the victim of—

(a) conduct which constitutes an offence under section 2, or would
constitute an offence under that section if the person responsible for the
conduct were a UK national, or

(b) conduct which would have been within paragraph (a) if section 2 had
45been in force when the conduct occurred.

(3) In this Act—

Modern Slavery BillPage 44

• “child” means a person under the age of 18;

• “country” includes territory or other part of the world;

• “immigration officer” means a person appointed as an immigration
  officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• 5“public authority” means any public authority within the meaning of
  section 6 of the Human Rights Act 1998, other than a court or tribunal;

• “UK national” has the meaning given by section 13.

56 Consequential provision

(1) Schedule 5 contains minor and consequential amendments.

(2) 10The Secretary of State may by regulations make whatever provision the
Secretary of State thinks appropriate in consequence of this Act.

(3) The provision which may be made by regulations under subsection (2)
includes provision amending, repealing or revoking any provision of an Act or
subordinate legislation (including an Act passed or subordinate legislation
15made in the same session as this Act).

57 Regulations

(1) Any power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State
20under this Act is subject to annulment in pursuance of a resolution of either
House of Parliament, unless—

(a) it contains only regulations under section 60 (commencement), or

(b) it contains regulations to which subsection (4) applies.

(3) A statutory instrument containing regulations to which subsection (4) applies
25may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(4) This section applies to—

(a) regulations under section 14(4) (power to amend Schedule 1);

(b) regulations under section 31(1) (power to amend section 30);

(c) 30regulations under section 43(9) which remove a public authority from
Schedule 3 (public authorities under a duty to co-operate with the
Commissioner), other than in consequence of the authority having
ceased to exist;

(d) regulations under section 45(8) (power to amend Schedule 4);

(e) 35regulations under section 48(6) (independent child trafficking
advocates);

(f) regulations under section 50 (identifying and supporting victims);

(g) regulations under section 52(6) which remove a public authority from
section 52(5), other than in consequence of the authority having ceased
40to exist;

(h) regulations under section 54(2) (minimum turnover for application of
section 54);

(i) the first regulations under section 54(3) (definition of turnover for
purposes of section 54);

(j) regulations under section 56(2) (consequential provision) which
amend, or repeal any provision of, an Act.

(5) Regulations made by the Scottish Ministers under section 43(7)—

(a) are subject to the affirmative procedure if they contain provision
5removing a public authority from Schedule 3 (public authorities under
a duty to co-operate with the Commissioner), other than in
consequence of the authority having ceased to exist;

(b) otherwise, are subject to the negative procedure.

(6) The power of the Department of Justice in Northern Ireland to make
10regulations under section 43(8) is exercisable by statutory rule for the purposes
of the 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(8) are subject to negative resolution (within the meaning of section
41(6) of the Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))), unless
15they are regulations to which subsection (9) applies.

(8) The Department of Justice in Northern Ireland may not make regulations to
which subsection (9) applies unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland Assembly.

(9) This subsection applies to regulations under section 43(8) which contain
20provision removing a public authority from Schedule 3 (public authorities
under a duty to co-operate with the Commissioner), other than in consequence
of the authority having ceased to exist.

(10) Regulations made under this Act may—

(a) make different provision for different purposes;

(b) 25include saving, transitional, transitory, supplementary or
consequential provision.

(11) This section (apart from subsection (10)) does not apply to regulations under
paragraph 5 of Schedule 2.

58 Financial provisions

30There 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
other Act out of money so provided.

59 35Extent

(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) section 36 extends to Scotland only;

(c) 40section 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,
subject 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) 5But the amendments and repeals made by the following provisions of Schedule
5 extend to England and Wales only—

(a) paragraph 2,

(b) paragraph 5(2),

(c) paragraph 6,

(d) 10paragraph 8,

(e) paragraph 21.

(6) Her 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.

60 15Commencement

(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 48(7) comes into force at the end of the period of 2 months beginning
with the day on which this Act is passed.

(3) 20This Part, other than section 56(1) and Schedule 5, 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) the Scottish Ministers, so far as the provisions extend to Scotland;

(b) 25the 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 48(1) to (6) (or any part of it) into force before the end of the period of 9
months beginning with the day on which this Act is passed.

(6) 30After the end of that period—

(a) if a resolution is passed by each House of Parliament that section 48(1)
to (6) (or any part of it) should come into force, the Secretary of State
must make regulations under subsection (1) bringing into force that
section (or that part of it);

(b) 35the Secretary of State may not make regulations under subsection (1)
bringing into force section 48(1) to (6) (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
48(1) to (6) (or the part of it specified in the resolutions) before the end of the
40period 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
transitional provision the Secretary of State thinks appropriate in connection
45with the coming into force of any provision of this Act.

61 Short title

This Act may be cited as the Modern Slavery Act 2015.

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 2015

7 An offence under section 1, 2 or 4 of this Act.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act
(Northern Ireland) 2015 (c. 2 (N.I.))

8 An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation
(Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
5(slavery, servitude and forced or compulsory labour; human trafficking).

Ancillary offences

9 (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
10the 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

15SCHEDULE 2 Enforcement powers in relation to ships

Part 1 England and Wales

Introductory

1 (1) 20This 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);

• 25“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) 30an 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) 35stop the ship;

(b) board the ship;