(1)The Modern Slavery Act 2015 is amended as follows.
(2)Section 54 (transparency in supply chains etc) is amended as set out in subsections (3) and (4).
(3)For subsections (4) and (5) substitute—
(4)For the purposes of this section, a slavery and human trafficking statement for a financial year is a statement for the financial year that complies with the requirements specified in Schedule 4ZA.
(5)The Secretary of State may by regulations amend Schedule 4ZA so as to add, amend or remove a requirement.
(5A)Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4)In subsection (12), in the opening words, for “section” substitute “Part”.
(5)In section 58(4) (regulations subject to the affirmative procedure)—
(a)in the opening words, for “section” substitute “subsection”;
(b)after paragraph (j) insert—.
(jza)regulations under section 54(5) (power to amend Schedule 4ZA);
(6)After Schedule 4, insert Schedule 4ZA as set out in Schedule 5 to this Act.
Amends Modern Slavery Act 2015, new Schedule 4ZA — new Schedule 4ZA inserted after Schedule 4
Modern Slavery Act 2015 — new Schedule 4ZA
Amends Modern Slavery Act 2015, section 54 — Transparency in supply chains etc
Modern Slavery Act 2015 — section 54
(1) A commercial organisation within subsection (2) must prepare a slavery and human trafficking statement for each financial year of the organisation.
(2) A commercial organisation is within this subsection if it—
(a) supplies goods or services, and
(b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(b), an organisation's total turnover is to be determined in accordance with regulations made by the Secretary of State.
(4) A slavery and human trafficking statement for a financial year is—
(a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place—
(i) in any of its supply chains, and
(ii) in any part of its own business, or
(b) a statement that the organisation has taken no such steps.
(5) An organisation's slavery and human trafficking statement may include information about—
(a) the organisation's structure, its business and its supply chains;
(b) its policies in relation to slavery and human trafficking;
(c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains;
(d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk;
(e) its effectiveness in ensuring that slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate;
(f) the training about slavery and human trafficking available to its staff.
(4) For the purposes of this section, a slavery and human trafficking statement for a financial year is a statement for the financial year that complies with the requirements specified in Schedule 4ZA.
(5) The Secretary of State may by regulations amend Schedule 4ZA so as to add, amend or remove a requirement.
(5A) Before making regulations under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(6) A slavery and human trafficking statement—
(a) if the organisation is a body corporate other than a limited liability partnership, must be approved by the board of directors (or equivalent management body) and signed by a director (or equivalent);
(b) if the organisation is a limited liability partnership, must be approved by the members and signed by a designated member;
(c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a general partner;
(d) if the organisation is any other kind of partnership, must be signed by a partner.
(7) If the organisation has a website, it must—
(a) publish the slavery and human trafficking statement on that website, and
(b) include a link to the slavery and human trafficking statement in a prominent place on that website's homepage.
(8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the request is received.
(9) The Secretary of State—
(a) may issue guidance about the duties imposed on commercial organisations by this section;
(b) must publish any such guidance in a way the Secretary of State considers appropriate.
(10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement.
(11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.
(12) For the purposes of this sectionPart—
“commercial organisation” means—
(a) a body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or
(b) a partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,
and for this purpose “business” includes a trade or profession;
“partnership” means—
(a) a partnership within the Partnership Act 1890,
(b) a limited partnership registered under the Limited Partnerships Act 1907, or
(c) a firm, or an entity of a similar character, formed under the law of a country outside the United Kingdom;
“slavery and human trafficking” means—
(a) conduct which constitutes an offence under any of the following— (i)section 1, 2 or 4 of this Act, (ii)section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (equivalent offences in Northern Ireland), (iii) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or
(b) conduct which would constitute an offence in a part of the United Kingdom under any of those provisions if the conduct took place in that part of the United Kingdom.
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 sectionsubsection 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);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(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
331. This clause amends section 54 of the MSA 2015 to provide that a compliant statement is one which complies with the mandatory requirements specified in Schedule 4ZA and provides the Secretary of State may amend that schedule by regulations to add amend, or remove a requirement in that Schedule.
332. Subsection (1) provides that this clause amends section 54 of the Modern Slavery Act 2015.
333. Subsection (2) amends section 54 of the MSA 2015 in accordance with subsections (3) and (4).
334. Subsection (3) replaces subsections (4) and (5) of section 54 with new subsections (4), (5) and (5A).
335. New subsection (4) defines an annual statement as complying with the requirements outlined in Schedule 4ZA
336. New subsections (5) and (5A) provide the Secretary of State with the power to add, amend or remove a requirement in Schedule 4ZA, and requiring the Secretary of State to consult persons they consider appropriate before doing so.
337. Subsection (4) changes the word “section” to “Part” in subsection (12) of section 54.
338. Subsection (5)(a) and (b) makes technical updates to the wording of section 58(4).
339. Subsection (6) inserts the wording “Schedule 4ZA” into Schedule 4.