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Modern Slavery BillPage 70

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

13 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 2015,”.

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

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”
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 2015; or.

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

15 (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 2015 (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
2015,;

(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)”.

16 40In section 19(8) of the Proceeds of Crime Act 2002 (no order made:
reconsideration of case), at the end insert “in relation to it”.

17 In section 20(12) of the Proceeds of Crime Act 2002 (no order made:
reconsideration of benefit), at the end insert “in relation to it”.

Modern Slavery BillPage 71

18 In section 32(7)(b) of the Proceeds of Crime Act 2002 (court’s powers on
appeal) at the end insert “in relation to it”.

19 In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme
Court) at the end insert “in relation to it”.

20 5In 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)”.

21 In section 308 of the Proceeds of Crime Act 2002 (general exceptions to
10concept 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
Slavery Act 2015, and

(b) 15apart from this subsection, the sum received would be
recoverable property,

the property ceases to be recoverable.

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

20Courts Act 2003 (c. 39)Courts Act 2003 (c. 39)

23 (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) omit the “and” at the end of the definition of “a sum required to be
25paid by a compensation order”;

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

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

(4) In paragraph 13(1)(aa)—

(a) 35for “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) in that sub-paragraph after “unlawful profit order” insert “or the
40amount required to be paid by the slavery and trafficking reparation
order”.

Modern Slavery BillPage 72

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

24 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”.

25 (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 —

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

26 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).

25Prevention of Social Housing Fraud Act 2013 (c. 3)2013 (c. 3)

27 (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).

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