(1)The Modern Slavery Act 2015 is amended as set out in subsections (2) to (4).
(2)In section 26 (requirement to provide name and address)—
(a)for the heading substitute “Notification requirements”;
(b)in subsection (1), for “may” substitute “must”;
(c)after subsection (1) insert—;
(1A)A slavery and trafficking risk order may require the defendant to comply with subsection (6A).
(d)in subsection (3), omit “requiring the defendant to comply with subsections (3) to (6)”;
(e)after subsection (6) insert—
(6A)Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(3)In section 28 (interim slavery and trafficking risk orders), for subsection (6) substitute—
(6)Section 26 (notification requirements) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (2), (7) and (8) were omitted.
(4)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (aa) (inserted by section 28) insert—.
(ab)regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(5)The amendment made by subsection (2)(b) does not affect an order made before the day on which this section comes fully into force.
Amends Modern Slavery Act 2015, section 26 — Requirement to provide name and address
Modern Slavery Act 2015 — section 26
(1) A slavery and trafficking risk order maymust (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).
(1A) A slavery and trafficking risk order may require the defendant to comply with subsection (6A).
(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.
(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.
(4) The relevant matters are—
(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and
(b) the defendant's home address.
(5) If while the defendant is subject to the order the defendant—
(a) uses a name which has not been notified under the order, or
(b) changes home address,
the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.
(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.
(6A) Where a slavery and trafficking risk order requires the defendant to comply with this subsection, the defendant must, before the end of the prescribed period and in the way specified in the order, notify the person specified in the order of the prescribed information.
(7) Where the order requires the defendant to notify the Director General of the National Crime Agency, an immigration officer or the Secretary of State, the Director General, the officer or the Secretary of State must give details of any notification to the chief officer of police for each relevant police area.
(8) “Relevant police area” means—
(a) where the defendant notifies a new name, the police area where the defendant lives;
(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.
Amends Modern Slavery Act 2015, section 28 — Interim slavery and trafficking risk orders
Modern Slavery Act 2015 — section 28
(1) This section applies where an application for a slavery and trafficking risk order (“the main application”) has not been determined.
(2) An application for an interim slavery and trafficking risk order—
(a) may be made by the complaint by which the main application is made, or
(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.
(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.
(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.
(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26. If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.
(6) Section 26 (notification requirements) applies in relation to an interim slavery and trafficking risk order as it applies in relation to a slavery and trafficking risk order, but as if subsections (2), (7) and (8) were omitted.
(7) The order—
(a) has effect only for a fixed period, specified in the order;
(b) ceases to have effect, if it has not already done so, on the determination of the main application.
(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.
Amends Modern Slavery Act 2015, section 58 — Regulations
Modern Slavery Act 2015 — section 58
(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 under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless—
(a) it contains only regulations under section 61 (commencement), or
(b) it contains regulations to which subsection (4) applies.
(3) A statutory instrument containing regulations to which subsection (4) applies may 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);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(b) regulations under section 31(1) (power to amend section 30);
(c) regulations under section 43(9) which remove a public authority from Schedule 3, other than in consequence of the authority having ceased to exist;
(d) regulations under section 43(9) which contain the provision mentioned in section 43(10) (power to modify section 43);
(e) regulations under section 45(8) (power to amend Schedule 4);
(f) regulations under section 48(6) (independent child trafficking advocates);
(g) regulations under section 50 (identifying and supporting victims);
(h) regulations under section 52(6) which remove a public authority from section 52(5), other than in consequence of the authority having ceased to exist;
(i) regulations under section 54(2) (minimum turnover for application of section 54);
(j) the first regulations under section 54(3) (definition of turnover for purposes of section 54);
(ja) ................................
(k) regulations under section 57(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—
(i) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(ii) the provision mentioned in section 43(10) (power to modify section 43);
(b) otherwise, are subject to the negative procedure.
(6) The power of the Department of Justice in Northern Ireland to make regulations 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)).
(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 they 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—
(a) provision removing a public authority from Schedule 3, other than in consequence of the authority having ceased to exist, or
(b) the provision mentioned in section 43(10) (power to modify section 43).
(10) Regulations made under this Act may—
(a) make different provision for different purposes;
(b) include 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.
Explanatory Notes · published by the Government with the Bill
239. This clause amends the MSA 2015 to require the subject of an STRO to include a requirement to notify the person specified in the order of the information requested.
240. Subsection (1) sets out that the MSA 2015 is amended, as set out in subsections (2)-(4).
241. Subsection (2) makes amendments to section 26 of the MSA 2015 to substitute the heading to read ‘Notification Requirements’. It also stipulates that the subject of the order must comply with the notification requirements set out in an STRO, by notifying the person specified with the information specified in the order.
242. Subsection (3) amends section 28 of the MSA 2015 so that the notification requirements also apply to interim STROs.
243. Subsection (4) adds the regulations for the notification requirements under section 26(6A) to section 58(4) of the MSA 2015 (regulations), which deals with regulation making powers under the MSA 2015 and how they are exercised by statutory instrument and the parliamentary procedure required.
244. Subsection (5) provides that the amendment provided in subsection (2)(b), which stipulates that a subject of an order must comply with the notification requirements set out in a STRO, does not apply to orders made prior to the section coming into force.