(1)Section 48 of the Modern Slavery Act 2015 (independent child trafficking advocates) is amended as set out in subsections (2) to (4).
(2)In the following provisions, for “advocates” substitute “guardians”—
(a)the heading;
(b)subsection (1);
(c)in subsection (6)—
(i)the opening words;
(ii)paragraph (d).
(3)In the following provisions, for “advocate” substitute “guardian”—
(a)subsection (4);
(b)subsection (5);
(c)in subsection (6)—
(i)paragraph (a);
(ii)paragraph (b);
(iii)paragraph (c);
(iv)the opening words of paragraph (e);
(v)paragraph (e)(ii) (in both places).
(4)In subsection (6)(e)(i), for “advocate’s” substitute “guardian’s”.
(5)In section 58(4)(f) of the Modern Slavery Act 2015 (application of affirmative procedure to regulations under section 48(6)), for “advocates” substitute “guardians: general regulations”.
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
Modern Slavery Act 2015 — section 48
Independent child trafficking advocates guardians
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) guardians”) to be available to represent and support children who there are reasonable grounds to believe may be victims of human trafficking.
(2) In making arrangements under subsection (1) the Secretary of State must have regard to the principle that, so far as practicable, a child should be represented and supported by someone who is independent of any person who will be responsible for making decisions about the child.
(3) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(4) A person appointed as an independent child trafficking advocate guardian for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate guardian may (where appropriate) assist the child to obtain legal or other advice, assistance and representation, including (where necessary) by appointing and instructing legal representatives to act on the child's behalf.
(6) The Secretary of State must make regulations about independent child trafficking advocates, guardians, and the regulations must in particular make provision—
(a) about the circumstances in which, and any conditions subject to which, a person may act as an independent child trafficking advocate; guardian;
(b) for the appointment of a person as an independent child trafficking advocate guardian to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate guardian to be appointed for a child as soon as reasonably practicable, where there are reasonable grounds to believe a child may be a victim of human trafficking;
(d) about the functions of independent child trafficking advocates; guardians;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate guardian has been appointed to—
(i) recognise, and pay due regard to, the advocate's guardian's functions, and
(ii) provide the advocate guardian with access to such information relating to the child as will enable the advocate guardian to carry out those functions effectively (so far as the authority may do so without contravening a restriction on disclosure of the information).
(7) The Secretary of State must, no later than 9 months after the day on which this Act is passed, lay before Parliament a report on the steps the Secretary of State proposes to take in relation to the powers conferred by this section.
About the provision this changes
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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);
(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 advocatesguardians: general regulations);
(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
315. This clause amends sections 48 and 58 of the Modern Slavery Act 2015.
316. Subsection (1) to (4) amend section 48 of the MSA 2015, and subsection (5) amends section 58 of the MSA 2015, so that any reference to independent child trafficking advocates is replaced with independent child trafficking guardians.