(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 30(2) (offences), for paragraphs (a) and (b) substitute—
(a)a slavery and trafficking prevention order,
(b)an interim slavery and trafficking prevention order,
(c)a slavery and trafficking risk order, or
(d)an interim slavery and trafficking risk order.
(3)After section 33 insert—
33AData from electronic monitoring: code of practice
(1)The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under any of the following—
(a)a requirement to comply with section 19A(3) imposed by a slavery and trafficking prevention order;
(b)a requirement to comply with section 19A(3) imposed by an interim slavery and trafficking prevention order (in reliance on section 21(6A));
(c)a requirement to comply with section 26A(3) imposed by a slavery and trafficking risk order;
(d)a requirement to comply with section 26A(3) imposed by an interim slavery and trafficking risk order (in reliance on section 28(6A)).
(2)A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
(4)In section 58 (regulations)—
(a)in subsection (2), before paragraph (a) insert—;
(za)it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(b)after subsection (10) insert—
(10A)Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
Inserts a new provision into Modern Slavery Act 2015 — after section 33
Amends Modern Slavery Act 2015, section 30 — Offences
Modern Slavery Act 2015 — section 30
(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a) a slavery and trafficking prevention order,
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking risk order,
(d) an interim slavery and trafficking risk order,
(e) a slavery and trafficking prevention order under Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),...
(f) an interim slavery and trafficking prevention order under that Schedule to that Act,
(g) a trafficking and exploitation prevention order under section 17 or 18 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12);
(h) an interim trafficking and exploitation prevention order under section 24 of that Act;
(i) a trafficking and exploitation risk order under section 26 of that Act; or
(j) an interim trafficking and exploitation risk order under section 30 of that Act;
commits an offence.
(2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under—
(a) section 18(4) or 25(4) (requirement to surrender passports), or
(b) section 19(1), 21(6), 26(1) or 28(6) (requirement to provide name and address).
(a) a slavery and trafficking prevention order,
(b) an interim slavery and trafficking prevention order,
(c) a slavery and trafficking risk order, or
(d) an interim slavery and trafficking risk order.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both.
(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.
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—
(za) it contains only regulations under section 19A(5) or 26A(5) (power to prescribe persons responsible for electronic monitoring of compliance with orders under Part 2),
(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);
(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.
(10A) Regulations under section 19A(5) or 26A(5) may make different provision for different areas.
(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
263. Subsection (2) amends the MSA 2015 to simplify the language of the offences (section 30(2) (offences) of the MSA 2015) to stipulate that it is an offence if the individual subject to the order fails to comply with a requirement imposed under an STPO, STRO or the interim orders.
264. Subsection (3) introduces new section 33A “Data from electronic monitoring: code of practice”. This requires the Secretary of State to issue a code of practice which will outline the expectations, safeguards, and broad responsibilities for the collection of data gathered, retention and sharing of information on these orders. New section 33A(2) stipulates that failing to act in accordance with the code of practice does not of itself make a person liable to criminal or civil proceedings.
265. Subsection (4) adds the regulations for the electronic monitoring under section 19A(5) or 26A(5) to section 58(2) of the MSA 2015 (regulations), which deals with regulation-making powers under the MSA 2015 and how they exercised by statutory instrument. It also sets out that the regulations for electronic monitoring may make different provision for different areas.