The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015

• Citation: S.I. 2015/1472
• Sections: 21

Section 1 Citation and commencement

These Regulations may be cited as the Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 and come into force on 31st July 2015.

Section 2 Amendment to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 is amended as follows.

Section 3 Amendment to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

In paragraph 2 of Schedule 1 (Descriptions of cases to which Part 4 of the Criminal Justice Act 1988 is to apply), after sub-paragraph (k) insert—

(l) an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.

Section 4 Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 are amended as follows.

Section 5 Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009

In Part 2 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations) insert the following entry at the appropriate place—

Modern Slavery Act 2015, section 2

Section 6 Amendments to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009

In Part 2 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations) insert the following entry in the appropriate place—

Modern Slavery Act 2015, section 2

Section 7 Amendment to the Armed Forces (Review of Court Martial Sentence) Order 2009

The Armed Forces (Review of Court Martial Sentence) Order 2009 is amended as follows.

Section 8 Amendment to the Armed Forces (Review of Court Martial Sentence) Order 2009

In paragraph 1 of the Schedule (Description of cases specified for the purposes of section 273(3) of the Armed Forces Act 2006 ) after sub-paragraph (f) insert—

(g) an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.

Section 9 Amendments to the Armed Forces (Service Civilian Court) Rules 2009

(1) The Armed Forces (Service Civilian Court) Rules 2009 are amended as follows.

(2) In rule 74(1), after the definition of “intermediary” insert—

“modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

an offence of attempting or conspiring to commit such an offence; or

an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;

(3) In rule 76(2)(a), after “sexual offence” insert “or a modern slavery offence”.

(4) In rule 79(a), after “sexual offence” insert “or a modern slavery offence”.

Section 10 Amendments to the Armed Forces (Court Martial) Rules 2009

(1) The Armed Forces (Court Martial) Rules 2009 are amended as follows.

(2) In rule 89(1), after the definition of “intermediary” insert—

“modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

an offence of attempting or conspiring to commit such an offence; or

an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;

(3) In rule 91(2)(a), after “sexual offence” insert “or a modern slavery offence”.

(4) In rule 94(a), after “sexual offence” insert “or a modern slavery offence”.

Section 11 Amendment to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 are amended as follows.

Section 12 Amendment to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

In regulation 33(3)(f) after “(sexual offences)” insert “or section 2 of the Modern Slavery Act 2015 in respect of sexual exploitation (human trafficking)”.

Section 13 Amendment to the Trafficking People for Exploitation Regulations 2013

The Trafficking People for Exploitation Regulations 2013 are amended as follows.

Section 14 Amendment to the Trafficking People for Exploitation Regulations 2013

In regulation 2(1) in the definition of “human trafficking offence”, after sub-paragraph (b) insert—

(c) an offence under section 2 of the Modern Slavery Act 2015.

Section 15 Amendments to the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013

The Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013 are amended as follows.

Section 16 Amendments to the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013

In regulation 2(1), in the definition of “relevant offence”—

(a) in sub-paragraph (a), delete “or”;

(b) after sub-paragraph (b) insert—

(c) section 2 of the Modern Slavery Act 2015.

Section 17 Amendments to the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013

In regulation 3—

(a) after paragraph (3) insert—

(3A) An EWSP acting in the course of providing information society services commits an offence under section 2 of the Modern Slavery Act 2015 if—

(a) all of the arranging or facilitating takes place outside the United Kingdom and any part of the arranging or facilitating takes place in another EEA state; or

(b) an EEA state other than the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.

(b) in paragraph (4), for “paragraph (2) or (3)” substitute “paragraph (2), (3) or (3A)”.

Section 18 Amendment to the Public Contracts Regulations 2015

The Public Contracts Regulations 2015 are amended as follows.

Section 19 Amendment to the Public Contracts Regulations 2015

In regulation 57(1) after sub-paragraph (m) delete “or” and insert—

(ma) an offence under section 1, 2 or 4 of the Modern Slavery Act 2015; or

Section 20 Amendment to the Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015

The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015 is amended as follows.

Section 21 Amendment to the Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015

In the Schedule (Either-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015 ) after paragraph 53 insert—

(54) An offence under section 1 of the Modern Slavery Act 2015.

(55) An offence under section 2 of that Act.