Modern Slavery (Transparency in Supply Chains) Bill (HL Bill 57)

A

BILL

TO

Make further provision for transparency in supply chains in respect of slavery
and human trafficking.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Slavery and human trafficking statement: public authorities, etc.

(1) Section 54 of the Modern Slavery Act 2015 (transparency in supply chains) is
amended as follows.

(2) In subsection (1)—

(a) 5for “A commercial organisation within subsection (2)” substitute
“Every commercial organisation within subsection (2), and every
public authority,” and

(b) after “organisation” insert “or public authority”.

(3) In subsection (4)(b), after “steps” insert “, together with a statement of the
10reasons why the organisation or authority has taken no such steps”.

(4) In subsection (5), for “An organisation’s slavery and human trafficking
statement may include information about” substitute “The slavery and human
trafficking statement of an organisation or public authority under subsection
(4)(a) must include information about the following matters (and may include
15information about other matters)”.

(5) After subsection (10) insert —

(10A) The Secretary of State must publish a list of all commercial
organisations that are required to publish a statement under this
section.

(10B) 20The list referred to in subsection (10A) must be published in a place and
format that is easily accessible and the commercial organisations in the
list must be categorised according to sector.”

(6) The Schedule makes consequential amendments to the Modern Slavery Act
2015.

Modern Slavery (Transparency in Supply Chains) BillPage 2

2 Transparency in supply chains: due diligence by contracting authorities

In regulation 57 of the Public Contracts Regulations 2015 (SI 2015/102)
(exclusion grounds), after paragraph (2) insert—

(2A) Contracting authorities shall exclude an economic operator
5from participation in a procurement procedure where they have
established, by verifying in accordance with guidance
published under section 3 of the Modern Slavery (Transparency
in Supply Chains) Act 2017, or are otherwise aware, that that
economic operator has not prepared a slavery and human
10trafficking statement under section 54 of the Modern Slavery
Act 2015 (transparency in supply chains etc.) where that section
requires it to do so.”

3 Guidance for public bodies

The Secretary of State must publish guidance for contracting authorities on
15compliance with regulation 57(2A) of the Public Contracts Regulations 2015.

4 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

(3) 20This Act may be cited as the Modern Slavery (Transparency in Supply Chains)
Act 2017.

Modern Slavery (Transparency in Supply Chains) BillPage 3

SCHEDULE

Section 1

Consequential amendments to section 54 of the Modern Slavery Act 2015

1 Section 54 of the Modern Slavery Act 2015 (transparency in supply chains)
is further amended as follows.

2 5In subsection (4)(a) after “organisation” insert “or public authority”.

3 In subsection (4)(b) after “organisation” insert “or public authority”.

4 In subsection (5)(a) for “organisation’s structure” substitute “structure of an
organisation or public authority”.

5 In subsection (6)(a) after “organisation” insert “or public authority”.

6 10In subsection (6)(b) after “organisation” insert “or public authority”.

7 In subsection (6)(c) after “organisation” insert “or public authority”.

8 In subsection (6)(d) after “organisation” insert “or public authority”.

9 In subsection (7) after “organisation” insert “or public authority”.

10 In subsection (8) after “organisation” insert “or public authority”.

11 15In subsection (9)(a) after “organisations” insert “and public authorities”.

12 In subsection (10) after “which” insert “must, or ”.