Reform history

- (2) In this Part, “relevant action” means an action which is any of the following—

Slavery, servitude and forced or compulsory labour 2 The person is the victim of conduct which— a involves the commission of an offence under section 4, or b would constitute such an offence were it done in Scotland.

Prostitution and sexual exploitation 3 Another person exercises control, direction or influence over prostitution by the person in a way which shows that the other person is aiding, abetting or compelling the prostitution. 4 Another person involves the person in the making or production of obscene or indecent material (material is to be construed in accordance with section 52(1)(a) of the Civic Government (Scotland) Act 1982 and includes images within the meaning of section 51A of that Act). 5 The person is the victim of conduct which— a involves the commission of an offence under— i sections 1, 2 or 7 to 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (sexual offences), ii sections 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (sexual services of children and child pornography), iii Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.), iv Part 4 of the Sexual Offences (Scotland) Act 2009 (children), or v Part 5 of the Sexual Offences (Scotland) Act 2009 (abuse of a position of trust), or b would constitute such an offence were it done in Scotland.

Removal of organs etc. 6 The person is encouraged, required or expected to do anything— a which involves the commission, by the person or another person, of an offence under Part 1 of the Human Tissue (Scotland) Act 2006 (transplantation etc.), b in connection with the removal of any part of a human body as a result of which the person or another person would commit an offence under the law of Scotland (other than an offence mentioned in paragraph (a)), or c which would constitute an offence mentioned in paragraph (a) or (b) were it done in Scotland.

Securing services and benefits 7 The person is subjected to force, threats or deception designed to induce the person— a to provide services of any kind, b to provide another person with benefits of any kind, or c to enable another person to acquire benefits of any kind. 8 Another person uses or attempts to use the person for any purpose within subsection (7)(a), (b) or (c), where— a the person is— i a child, or ii an adult whose ability to refuse to be used for a purpose within subsection (7)(a), (b) or (c) is impaired through mental or physical illness, disability, old age or any other reason (a “vulnerable adult”), and b a person who is not a child or a vulnerable adult would be likely to refuse to be used for that purpose.

- (3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard is to be had in particular to any personal circumstances of the person (for example the person being a child, or the person’s age, or the person’s family relationships or health) that may make the person more vulnerable than other persons.

- (6) In this section “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950.

- (5) In this section “a public official” means an individual who (whether in Scotland or elsewhere)—

- (6) For the purpose of subsection (5)(c), “an international organisation” means an organisation whose members are—

- (6) In this section “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).

- (1) Where there are reasonable grounds to believe that an adult is a victim of an offence of human trafficking, the Scottish Ministers must, during the relevant period, secure for the adult the provision of such support and assistance as they consider necessary given the adult’s needs.

- “competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention,

- “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005).

- (a) recognise, and pay due regard to the guardian’s functions, and

- (b) provide the independent child trafficking guardian with access to such information relating to the child as will enable the guardian to carry out the guardian’s functions effectively.

- “person with parental rights or responsibilities”, in relation to a child, means— a parent or guardian having parental responsibilities or parental rights in relation to the child under Part 1 of the Children (Scotland) Act 1995, a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the Children (Scotland) Act 1995, a person having parental responsibilities or parental rights by virtue of section 11(12) of the Children (Scotland) Act 1995, a parent having parental responsibility for the child under Part 1 of the Children Act 1989, a person having parental responsibility for the child by virtue of— section 12(2) of the Children Act 1989, section 14C of that Act, or section 25(3) of the Adoption and Children Act 2002, a parent having parental responsibility for the child under Part 2 of the [Children (Northern Ireland) Order 1995 (S.I. 1995/755)](https://www.legislation.gov.uk/nisi/1995/755), a person having parental responsibility for the child by virtue of Article 12(2) of the [Children (Northern Ireland) Order 1995 (S.I. 1995/755)](https://www.legislation.gov.uk/nisi/1995/755), a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007), any other person with rights or responsibilities anywhere in the world which are, in relation to a child, analogous to those described in paragraphs (a) to (h), and any other person specified by regulations made by the Scottish Ministers,

- “relevant authority” means— a local authority, and any other person specified by regulations made by the Scottish Ministers.

- (b) the authority is not certain of the person’s age but has reasonable grounds to believe that the person may be a child.

- (2) Until an assessment of the person’s age is carried out by a local authority, or the person’s age is otherwise determined, the relevant authority must assume that the person is a child for the purposes of exercising its functions under the relevant enactments.

- (e) Part 5 of the Children and Young People (Scotland) Act 2014 (child’s plan), and

- (4) In this section, “relevant authority” means—

- (i) the person’s first appearance before the sheriff on petition, or

- (6) In this section “the court” means the High Court, or as the case may be, the sheriff.

- (5) In this section “the court” means—

- (4) An “equivalent offence” means an act which—

- (i) states that in the adult’s opinion the condition is not met,

- (7) In subsection (6)(a) “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971, is a bank holiday in Scotland.

- (6) In this section “the court” means the High Court, or as the case may be, the sheriff making the order.

- (2) A “prohibition on foreign travel” means—

- (4) The “appropriate court” means—

- (9) In this section “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).

- (4) The “appropriate sheriff” means—

- (2) A “prohibition on foreign travel” means—

- (3) The “appropriate sheriff” means—

- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

- “chief constable” means chief constable of the Police Service of Scotland,

- “interim trafficking and exploitation prevention order” means an order made under section 24,

- “interim trafficking and exploitation risk order” means an order made under section 30,

- “passport” means— a United Kingdom passport within the meaning of the Immigration Act 1971, a passport issued by or on behalf of the authorities of a country outwith the United Kingdom, or by or on behalf of an international organisation, a document that can be used (in some or all circumstances) instead of a passport,

- “relevant offender” has the meaning given by section 19,

- “relevant trafficking or exploitation offence” means an offence listed in section 16(1),

- “trafficking and exploitation prevention order” means an order made under section 17 or 18 or varied or renewed under section 22 or 23,

- “trafficking and exploitation risk order” means an order made under section 26 or varied or renewed under section 29.

- (ii) article 6(1) of the [Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160)](https://www.legislation.gov.uk/nisi/1996/3160) (effect of discharge).

- (c) article 44(4) of the [Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595)](https://www.legislation.gov.uk/nisi/1986/595) (hospital admission or guardianship).

- (a) must prepare a report on the review, including in particular Ministers’ assessment of the extent to which the strategy has been complied with, and

- (2) In subsection (1), “relevant individual” means—

- “adult” means an individual aged 18 or over,

- “captain” means master of a ship or commander of an aircraft,

- “child” means a person under 18 years of age,

- “ship” includes every description of vessel (including a hovercraft) used in navigation,

- “UK national” means— a British citizen, a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom, or a person who is a British overseas territories citizen by virtue of a connection with Gibraltar,

- “vehicle” means any vehicle other than a ship or an aircraft.