(1)Part 5 of the Nationality and Borders Act 2022 (modern slavery) is amended as set out in subsections (2) to (4).
(2)In section 61 (identified potential victims of slavery or human trafficking: recovery period)—
(a)in subsection (3), for the words from “period—” to the end substitute “period of 30 days beginning with the day on which the positive reasonable grounds decision is made, subject to subsections (4) and (5).”;
(b)after subsection (3) insert—
(4)If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the identified potential victim, the recovery period ends with the day on which that decision is made.
(5)If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the identified potential victim, the recovery period ends with the day on which such a decision is made.
(3)In section 62 (no entitlement to additional recovery period etc)—
(a)in subsection (2), for “period—” to the end of paragraph (b) substitute “further recovery period.”;
(b)after subsection (2) insert—
(3)The “further recovery period” means the period of 30 days beginning with the day on which the further RG decision is made, subject to subsections (4) and (5).
(4)If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the further RG decision, the further recovery period ends with the day on which that decision is made.
(5)If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the further RG decision, the further recovery period ends with the day on which such a decision is made.
(4)In section 69(1) (interpretation of Part 5), after the definition of “conclusive grounds decision” insert—.
“negative conclusive grounds decision” means a decision by a competent authority that a person is not a victim of slavery or human trafficking;
(5)In section 50A of the Modern Slavery Act 2015 (identified potential victims etc: assistance and support)—
(a)in subsection (4), for the words from “period—” to the end substitute “further recovery period.”;
(b)in subsection (7), after the definition of “conclusive grounds decision” insert—.
“further recovery period” has the same meaning as in section 62 of that Act;
Amends Nationality and Borders Act 2022, section 61 — Identified potential victims of slavery or human trafficking: recovery period
Nationality and Borders Act 2022 — section 61
(1) This section applies to a person (an “identified potential victim”) if—
(a) a decision is made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”), and
(b) that decision is not a further RG decision (as to which, see section 62).
(2) Subject to section 63(2), the identified potential victim may not be removed from, or required to leave, the United Kingdom during the recovery period.
(3) The “recovery period”, in relation to an identified potential victim, is the period—period of 30 days beginning with the day on which the positive reasonable grounds decision is made, subject to subsections (4) and (5).
(a) beginning with the day on which the positive reasonable grounds decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(4) If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the identified potential victim, the recovery period ends with the day on which that decision is made.
(5) If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the identified potential victim, the recovery period ends with the day on which such a decision is made.
About the provision this changes
Cases citing s.61: 9 — AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin); AYA & Ors v Secretary of State for the Home Department [2026] EWHC 552 (Admin); ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin)
Amends Nationality and Borders Act 2022, section 62 — No entitlement to additional recovery period etc
Nationality and Borders Act 2022 — section 62
(1) This section applies where—
(a) a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and
(b) a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).
(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—further recovery period.
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This is subject to section 63(2).
(3) The “further recovery period” means the period of 30 days beginning with the day on which the further RG decision is made, subject to subsections (4) and (5).
(4) If during the period of 30 days mentioned in subsection (3) a negative conclusive grounds decision is made in relation to the further RG decision, the further recovery period ends with the day on which that decision is made.
(5) If at the end of the period of 30 days mentioned in subsection (3) a conclusive grounds decision has not been made in relation to the further RG decision, the further recovery period ends with the day on which such a decision is made.
About the provision this changes
Cases citing s.62: 3 — ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin); AAM, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 447 (Admin); Secretary of State for the Home Department v S [2025] EWCA Civ 188
Amends Nationality and Borders Act 2022, section 69 — Part 5: interpretation
Nationality and Borders Act 2022 — section 69
(1) In this Part—
“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;
“conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking;
“negative conclusive grounds decision” means a decision by a competent authority that a person is not a victim of slavery or human trafficking;
“positive reasonable grounds decision” has the meaning given by section 61(1);
“reasonable grounds decision” means a decision by a competent authority as to whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking;
the “Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
“victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State.
(2) Regulations under subsection (1) are subject to affirmative resolution procedure.
About the provision this changes
Cases citing s.69: 2 — EXR v Secretary of State for the Home Department (No.2) [2026] EWHC 1726 (Admin); AAM, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 447 (Admin)
Rules paragraphs referring to s.69: 1 — Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: VTS.1.1(a)
Amends Modern Slavery Act 2015, section 50A — Identified potential victims etc: assistance and support
Modern Slavery Act 2015 — section 50A
(1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period.
(2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question.
(3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person.
(4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period—further recovery period.
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
(5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection).
(6) In this section, a reference to assistance and support is to assistance and support provided in accordance with—
(a) arrangements referred to in section 49(1)(b), or
(b) regulations made under section 50.
(7) In this section—
“conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act);
“further recovery period” has the same meaning as in section 62 of that Act;
“recovery period” has the same meaning as in section 61 of that Act.
About the provision this changes
Cases citing s.50A: 6 — DNG, R (on the application of) v Secretary of State for The Home Department [2026] EWHC 1769 (Admin); AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin); ABW, R (on the application of) v Secretary Of State for the Home Department [2025] EWHC 3280 (Admin)
Explanatory Notes · published by the Government with the Bill
287. This clause makes provision for the recovery period and any associated entitlements it affords to be brought to an end on receipt of a negative conclusive grounds decision. Under section 61 of the Nationality and Borders Act 2022, a person is entitled to a minimum thirty day ‘recovery period’ from the day on which they receive a positive reasonable grounds decision.
288. Clause 37 amends section 61 of NABA to the effect that in the event a person receives a negative conclusive grounds decision within the 30-day period, the recovery period and its associated protections will come to an end. It also makes similar provision enabling an equivalent outcome with regard to any additional recovery period under section 62.
289. Subsection (1) sets out that these provisions will take the form of amendments to Part 5 of the Nationality and Borders Act 2022.
290. Subsection (2)(a) inserts a provision into section 61(3) of the Nationality and Borders Act 2022 to the effect that the entitlement to the recovery period is subject to new subsections (4) and (5). Subsection (2)(b) inserts new subsections 61(4) and (5), which make clear that the recovery period will end on the day on which a negative conclusive grounds decision is made.
291. Subsection (3) makes equivalent amendments to the provisions dealing with additional recovery period in section 62(2) of the Nationality and Borders Act 2022. This inserts new subsections 62(3) to (5) into the Nationality and Borders Act 2022. New section 62(3) makes clear that the entitlement to a further recovery period under section 62 is subject to new subsections (4) and (5), to the effect that where a negative conclusive grounds decision is made in relation to a further reasonable grounds decision made under that section, the further recovery period ends with the day on which that decision is made.
292. Subsection (4) inserts a definition of “negative conclusive grounds decision” for these purposes into section 69(1) of the Nationality and Borders Act 2022, meaning a decision by a competent authority that a person is not a victim of slavery or human trafficking.
293. Subsection (5) makes consequential amendments to section 50A of the Modern Slavery Act 2015 to provide that where a negative conclusive grounds decision is made in relation to a further reasonable grounds decision, that further recovery period and necessary assistance and support ends with the day on which that decision is made.
Amendments tabled 1 · 1 would remove the whole clause
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 39, line 1, leave out Clause 37
No explanatory statement was published with this amendment.