(1)The Modern Slavery Act 2015 is amended as follows.
(2)In section 54 (transparency in supply chains etc), omit subsections (7) and (8).
(3)After section 54ZA (inserted by section 46) insert—
54ZBStatements: publication and submission
(1)This section applies in relation to a commercial organisation or public authority that is required to prepare a slavery and human trafficking statement under section 54 or 54ZA.
(2)If the organisation or authority has a website, it must—
(a)publish the slavery and human trafficking statement on that website, and
(b)include a link to the statement in a prominent place on that website’s homepage.
(3)The Secretary of State may by regulations make provision requiring a commercial organisation or public authority—
(a)to submit its slavery and human trafficking statement for a financial year to the Secretary of State by specified electronic means and in a specified electronic form;
(b)if it has a website, to submit a link to its slavery and human trafficking statement for a financial year as it appears on that website to the Secretary of State by specified electronic means.
(4)In subsection (3), “specified” means specified in the regulations.
(5)A commercial organisation or public authority must comply with subsection (2), and regulations under subsection (3), in relation to a slavery and human trafficking statement—
(a)as soon as reasonably practicable after the end of the financial year to which the statement relates, and
(b)in any event before the end of the period of 6 months beginning with the day after the last day of that financial year.
(6)The Secretary of State may by regulations amend the period for the time being specified in subsection (5)(b).
(4)In section 58(4) (regulations subject to the affirmative procedure), after paragraph (jzd) (inserted by section 46(5)) insert—.
(jze)regulations under section 54ZB(6) (power to amend time period in section 54ZB(5)(b));
Inserts a new provision into Modern Slavery Act 2015 — after section 54ZA
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.
(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 section—
“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—
(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 subsection applies to—
(a) regulations under section 14(4) (power to amend Schedule 1);
(aa) regulations under section 19(6A) (notification requirements for slavery and trafficking prevention orders);
(ab) regulations under section 26(6A) (notification requirements for slavery and trafficking risk orders);
(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 guardians: 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);
(jza) regulations under section 54(5) (power to amend Schedule 4ZA);
(jzb) regulations under section 54ZA(2) (minimum total budget for application of section 54ZA);
(jzc) the first regulations under section 54ZA(3) (definition of total budget for purposes of section 54ZA);
(jzd) regulations under section 54ZA(11) which—
(i) add a public authority to section 54ZA(10), or
(ii) amend an entry in that provision relating to a public authority other than in consequence of the authority having changed its name;
(jze) regulations under section 54ZB(6) (power to amend time period in section 54ZB(5)(b));
(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
358. This clause clarifies requirements on when and how statements are published and creates a new requirement for statements to be submitted to the Secretary of State through specified electronic means.
359. Subsection (1) amends section 54 of the MSA 2015.
360. Subsection (2) removes subsections (7) and (8) from section 54 of the Modern Slavery Act 2015.
361. Subsection (3) inserts new section 54ZB (Statements: publication and submission) after section 54ZA to impose a new requirement that slavery and human trafficking statements must be submitted to the Secretary of State by specified electronic means. It also specifies that the statement must be submitted no later than six months after the end of the organisation’s financial year.
362. Subsection (1) of new section 54ZB explains that this section relates to commercial or public entities that are required to produce modern slavery statements.
363. Subsection (2) of new section 54ZB states that those organisations must publish a link to their statements on their websites on a prominent place, if they have a website.
364. Subsections (3) and (4) of new section 54ZB state that the Secretary of State may require an organisation to submit a copy of its statement or a link to its statement to them by specified electronic means and these means will be specified in regulations.
365. Subsection (5) of new section 54ZB requires reporting organisations to publish and submit their statement as soon as possible after the end of the financial year and no later than six months after the end of the financial year.
366. Subsection (6) of new section 54ZB gives the power to the Secretary of State to amend the six month time period as specified by regulations.
367. Subsection (4) of clause 47 provides that regulations to amend the six-month time period are subject to the affirmative procedure.