Modern Slavery Bill (HL Bill 98)

Section 43

SCHEDULE 3 Public authorities under a duty to co-operate with the Commissioner

Law enforcement and border security

A chief officer of police for a police area in England and Wales.

5The chief constable of the British Transport Police Force.

The National Crime Agency.

An immigration officer or other official of the Secretary of State exercising
functions in relation to immigration or asylum.

A designated customs official (within the meaning of Part 1 of the Borders,
10Citizenship and Immigration Act 2009).

Local government

A county council in England or Wales.

A county borough council in Wales.

A district council in England.

15A London borough council.

The Greater London Authority.

The Common Council of the City of London.

The Council of the Isles of Scilly.

Health bodies

20A National Health Service trust established under section 25 of the National
Health Service Act 2006 or section 18 of the National Health Service (Wales)
Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
National Health Service Act 2006.

25A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.

Regulators

The Gangmasters Licensing Authority.

Section 45

SCHEDULE 4 30Offences to which defence in section 45 does not apply

Common law offences

1 False imprisonment.

2 Kidnapping.

3 Manslaughter.

4 Murder.

5 Perverting the course of justice.

6 5Piracy.

Offences against the Person Act 1861 (c. 100)Offences against the Person Act 1861 (c. 100)

7 An offence under any of the following provisions of the Offences Against the
Person Act 1861—

• section 4 (soliciting murder)

• 10section 16 (threats to kill)

• section 18 (wounding with intent to cause grievous bodily harm)

• section 20 (malicious wounding)

• section 21 (attempting to choke, suffocate or strangle in order to commit
  or assist in committing an indictable offence)

• 15section 22 (using drugs etc to commit or assist in the committing of an
  indictable offence)

• section 23 (maliciously administering poison etc so as to endanger life
  or inflict grievous bodily harm)

• section 27 (abandoning children)

• 20section 28 (causing bodily injury by explosives)

• section 29 (using explosives with intent to do grievous bodily harm)

• section 30 (placing explosives with intent to do bodily injury)

• section 31 (setting spring guns etc with intent to do grievous bodily
  harm)

• 25section 32 (endangering safety of railway passengers)

• section 35 (injuring persons by furious driving)

• section 37 (assaulting officer preserving wreck)

• section 38 (assault with intent to resist arrest).

Explosive Substances Act 1883 (c. 3)Explosive Substances Act 1883 (c. 3)

8 30An offence under any of the following provisions of the Explosive
Substances Act 1883—

• section 2 (causing explosion likely to endanger life or property)

• section 3 (attempt to cause explosion, or making or keeping explosive
  with intent to endanger life or property)

• 35section 4 (making or possession of explosives under suspicious
  circumstances).

Infant Life (Preservation) Act 1929 (c. 34)Infant Life (Preservation) Act 1929 (c. 34)

9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child
destruction).

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

10 An offence under section 1 of the Children and Young Persons Act 1933
(cruelty to children).

Public Order Act 1936 (1 Edw. 8 @AMP@amp; 1 Geo. 6 c. 6)Public Order Act 1936 (1 Edw. 8 @AMP@amp; 1 Geo. 6 c. 6)

11 5An offence under section 2 of the Public Order Act 1936 (control etc of quasi-
military organisation).

Infanticide Act 1938 (c. 36)Infanticide Act 1938 (c. 36)

12 An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 (c. 27)Firearms Act 1968 (c. 27)

13 10An offence under any of the following provisions of the Firearms Act 1968—

• section 5 (possession of prohibited firearms)

• section 16 (possession of firearm with intent to endanger life)

• section 16A (possession of firearm with intent to cause fear of violence)

• section 17(1) (use of firearm to resist arrest)

• 15section 17(2) (possession of firearm at time of committing or being
  arrested for specified offence)

• section 18 (carrying firearm with criminal intent).

Theft Act 1968 (c. 60)Theft Act 1968 (c. 60)

14 An offence under any of the following provisions of the Theft Act 1968—

• 20section 8 (robbery or assault with intent to rob)

• section 9 (burglary), where the offence is committed with intent to
  inflict grievous bodily harm on a person, or to do unlawful damage
  to a building or anything in it

• section 10 (aggravated burglary)

• 25section 12A (aggravated vehicle-taking), where the offence involves an
  accident which causes the death of any person

• section 21 (blackmail).

Criminal Damage Act 1971 (c. 48)Criminal Damage Act 1971 (c. 48)

15 The following offences under the Criminal Damage Act 1971—

• 30an offence of arson under section 1

• an offence under section 1(2) (destroying or damaging property) other
  than an offence of arson.

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

16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful
35immigration to member state).

Customs and Excise Management Act 1979 (c. 2)Customs and Excise Management Act 1979 (c. 2)

17 An offence under section 170 of the Customs and Excise Management Act
1979 (penalty for fraudulent evasion of duty etc) in relation to goods

prohibited to be imported under section 42 of the Customs Consolidation
Act 1876 (indecent or obscene articles).

Taking of Hostages Act 1982 (c. 28)Taking of Hostages Act 1982 (c. 28)

18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-
5taking).

Aviation Security Act 1982 (c. 36)Aviation Security Act 1982 (c. 36)

19 An offence under any of the following provisions of the Aviation Security
Act 1982—

• section 1 (hijacking)

• 10section 2 (destroying, damaging or endangering safety of aircraft)

• section 3 (other acts endangering or likely to endanger safety of aircraft)

• section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of
15patients).

Child Abduction Act 1984 (c. 37)Child Abduction Act 1984 (c. 37)

21 An offence under any of the following provisions of the Child Abduction
Act 1984—

• section 1 (abduction of child by parent etc)

• 20section 2 (abduction of child by other persons).

Public Order Act 1986 (c. 64)Public Order Act 1986 (c. 64)

22 An offence under any of the following provisions of the Public Order Act
1986—

• section 1 (riot)

• 25section 2 (violent disorder).

Criminal Justice Act 1988 (c. 33)Criminal Justice Act 1988 (c. 33)

23 An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

24 An offence under any of the following provisions of the Road Traffic Act
301988—

• section 1 (causing death by dangerous driving)

• section 3A (causing death by careless driving when under the influence
  of drink or drugs).

Aviation and Maritime Security Act 1990 (c. 31)Aviation and Maritime Security Act 1990 (c. 31)

25 35An offence under any of the following provisions of the Aviation and
Maritime Security Act 1990—

• section 1 (endangering safety at aerodromes)

Modern Slavery BillPage 64

• section 9 (hijacking of ships)

• section 10 (seizing or exercising control of fixed platforms)

• section 11 (destroying fixed platforms or endangering their safety)

• section 12 (other acts endangering or likely to endanger safe
  5navigation)

• section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570)

26 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI
1994/570) (offences relating to Channel Tunnel trains and the tunnel
10system).

Protection from Harassment Act 1997 (c. 40)Protection from Harassment Act 1997 (c. 40)

27 An offence under any of the following provisions of the Protection from
Harassment Act 1997—

• section 4 (putting people in fear of violence)

• 15section 4A (stalking involving fear of violence or serious alarm or
  distress).

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

28 An offence under any of the following provisions of the Crime and Disorder
Act 1998 —

• 20section 29 (racially or religiously aggravated assaults)

• section 31(1)(a) or (b) (racially or religiously aggravated offences under
  section 4 or 4A of the Public Order Act 1986).

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

29 An offence under any of the following provisions of the Terrorism Act
252000—

• section 54 (weapons training)

• section 56 (directing terrorist organisation)

• section 57 (possession of article for terrorist purposes)

• section 59 (inciting terrorism overseas).

30International Criminal Court Act 2001 (c. 17)International Criminal Court Act 2001 (c. 17)

30 An offence under any of the following provisions of the International
Criminal Court Act 2001—

• section 51 (genocide, crimes against humanity and war crimes)

• section 52 (ancillary conduct).

35Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

31 An offence under any of the following provisions of the Anti-terrorism,
Crime and Security Act 2001—

• section 47 (use of nuclear weapons)

• section 50 (assisting or inducing certain weapons-related acts overseas)

Modern Slavery BillPage 65

• section 113 (use of noxious substance or thing to cause harm or
  intimidate).

Female Genital Mutilation Act 2003 (c. 31)Female Genital Mutilation Act 2003 (c. 31)

32 An offence under any of the following provisions of the Female Genital
5Mutilation 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).

10Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

33 An offence under any of the following provisions of the Sexual Offences Act
2003—

• section 1 (rape)

• section 2 (assault by penetration)

• 15section 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)

• 20section 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)

• 25section 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
  30child)

• 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)

• 35section 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
  40a mental disorder impeding choice)

• 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)

Modern Slavery BillPage 66

• section 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
  5inducement, threat or deception, of a person with a mental disorder)

• section 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)

• 10section 39 (care workers: causing or inciting sexual activity)

• section 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)

• 15section 47 (paying for sexual services of a child)

• section 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)

• 20section 61 (administering a substance with intent)

• section 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)

• 25section 66 (exposure)

• section 67 (voyeurism)

• section 70 (sexual penetration of a corpse).

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

34 An offence under section 5 of the Domestic Violence, Crime and Victims Act
302004 (causing or allowing a child or vulnerable adult to die or suffer serious
physical harm).

Terrorism Act 2006 (c. 11)Terrorism Act 2006 (c. 11)

35 An offence under any of the following provisions of the Terrorism Act
2006—

• 35section 5 (preparation of terrorist acts)

• section 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).

40Modern Slavery Act 2015

36 An offence under any of the following provisions of the Modern Slavery Act
2015—

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

• section 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
5offence 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 56

10SCHEDULE 5 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) 15Schedule 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
20Claimants, 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.”

25Immigration 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 2015 (human
30trafficking).”

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) 35an offence under section 2 of the Modern Slavery Act 2015
(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) after paragraph (da) insert—

“(db) 5any offence under section 2 of the Modern Slavery Act
2015 (human trafficking);”;

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

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

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

(2) 10Omit 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 An offence under section 2 of the Modern Slavery Act 2015
15(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
amended as follows.

(2) 20Omit 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) omit paragraphs (n) and (p);

(b) 25after paragraph (q) insert—

“(r) an offence under section 2 of the Modern Slavery Act
2015.”

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

7 (1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England
30and Wales) is amended as follows.

(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, at the end insert—

“(4) 35An offence under section 2 of the Modern Slavery Act

2015.”

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

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

5Protection 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) In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

10 10In 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
“section” to the end substitute “section 3 of the Modern Slavery Act 2015
(meaning of exploitation for purposes of human trafficking offence in
15section 2 of that Act);”.

Part 2 Amendments relating to slavery and trafficking reparation orders

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

11 (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 2015 a court
25makes a slavery and trafficking reparation order.”

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

12 (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 2015;”.