(1)In section 48 of the Modern Slavery Act 2015 (independent child trafficking guardians) omit subsection (7).
(2)In section 61 of that Act (commencement) omit subsections (5) to (7).
Amends Modern Slavery Act 2015, section 48 — Independent child trafficking advocates
Modern Slavery Act 2015 — section 48
(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable persons (“independent child trafficking advocates”) 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 for a child must promote the child's well-being and act in the child's best interests.
(5) The advocate 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, 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;
(b) for the appointment of a person as an independent child trafficking advocate to be subject to approval in accordance with the regulations;
(c) requiring an independent child trafficking advocate 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;
(e) requiring public authorities which provide services or take decisions in relation to a child for whom an independent child trafficking advocate has been appointed to—
(i) recognise, and pay due regard to, the advocate's functions, and
(ii) provide the advocate with access to such information relating to the child as will enable the advocate 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 61 — Commencement
Modern Slavery Act 2015 — section 61
(1) This Act comes into force on whatever day or days the Secretary of State appoints by regulations, subject to subsections (2) and (3).
(2) Section 48(7) comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.
(3) This Part, other than section 57(1) and Schedule 5, comes into force on the day on which this Act is passed.
(4) Before making regulations bringing into force any of the provisions of Part 3, the Secretary of State must consult—
(a) the Scottish Ministers, so far as the provisions extend to Scotland;
(b) the Department of Justice in Northern Ireland, so far as the provisions extend to Northern Ireland.
(5) The Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) before the end of the period of 9 months beginning with the day on which this Act is passed.
(6) After the end of that period—
(a) if a resolution is passed by each House of Parliament that section 48(1) to (6) (or any part of it) should come into force, the Secretary of State must make regulations under subsection (1) bringing into force that section (or that part of it);
(b) the Secretary of State may not make regulations under subsection (1) bringing into force section 48(1) to (6) (or any part of it) unless required to do so by paragraph (a).
(7) Regulations made by virtue of subsection (6)(a) must bring into force section 48(1) to (6) (or the part of it specified in the resolutions) before the end of the period of one month beginning with the day on which the resolutions are passed (or, if they are passed on different days, the day on which the later of them is passed).
(8) The Secretary of State may by regulations make whatever saving, transitory or transitional provision the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act.
Explanatory Notes · published by the Government with the Bill
321. Subsection (1) amends section 48 of the Modern Slavery Act 2015 by removing subsection (7) so that there is no longer a requirement on the Secretary of State to lay before Parliament a report on proposed steps in relation to this section.
322. Subsection (2) repeals subsections (5) to (7) of section 61 of the MSA 2015 so that commencement of section 48 would instead be subject to the general commencement power in subsection (1).