Legalize / United Kingdom / Public General Act

Modern Slavery Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(b) immediately before the pursuit of the ship, the ship was in relevant waters, and

(8) Part 3 powers may be exercised under subsection (7) only—

(a) for the purpose mentioned in subsection (2)(a) of section 37, and

(b) (if relevant) in accordance with subsections (6) to (8) of that section.

(9) For the purposes of subsection (7)(b), “relevant waters” are—

(a) in the case of a United Kingdom ship or a ship without nationality, Northern Ireland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a relevant territory, Northern Ireland waters.

(10) The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that—

(a) before the pursuit of the ship, a signal is given for it to stop, and

(b) the pursuit of the ship is not interrupted.

(11) The signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship.

(12) For the purposes of subsection (10)(b), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(13) Nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.

Interpretation of Part 3

39

(1) In this Part—

“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

“enforcement officer” means— a designated customs official, within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act), a person who is a commissioned officer of any of Her Majesty's ships, or a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

“English and Welsh constable” means only a person who is— a member of a police force in England and Wales, a member of the British Transport Police Force, a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964, or a National Crime Agency officer having the powers and privileges of a constable in England and Wales under the Crime and Courts Act 2013;

“foreign ship” means a ship which— is registered in a State other than the United Kingdom, or is not so registered but is entitled to fly the flag of a State other than the United Kingdom;

“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;

“home state”, in relation to a foreign ship, means— the State in which the ship is registered, or the State whose flag the ship is otherwise entitled to fly;

“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;

“Northern Ireland constable” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

“Part 1 powers” means the powers set out in Part 1 of Schedule 2;

“Part 2 powers” means the powers set out in Part 2 of that Schedule;

“Part 3 powers” means the powers set out in Part 3 of that Schedule;

“relevant territory” means— the Isle of Man; any of the Channel Islands; a British overseas territory;

“Scottish constable” means only a person who is— a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), or a National Crime Agency officer having the powers and privileges of a constable in Scotland under the Crime and Courts Act 2013;

“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

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

“ship without nationality” means a ship which— is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

“United Kingdom ship” means a ship which— is registered under Part 2 of the Merchant Shipping Act 1995, is a Government ship within the meaning of that Act, is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or is registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

PART 4 — The Independent Anti-slavery Commissioner

The Independent Anti-slavery Commissioner

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(1) The Secretary of State must, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland, appoint a person as the Independent Anti-slavery Commissioner (in this Part “the Commissioner”).

(2) The Commissioner is to hold office in accordance with the terms of the Commissioner's appointment.

(3) The Secretary of State may pay in respect of the Commissioner any expenses, remuneration or allowances that the Secretary of State may determine.

(4) The Secretary of State—

(a) must before the beginning of each financial year specify a maximum sum which the Commissioner may spend that year,

(b) may permit that to be exceeded for a specified purpose, and

(5) In this Part, “financial year” means—

(a) the period beginning with the day on which the first Commissioner takes office and ending with the following 31 March, and

(b) each successive period of 12 months.

(6) The Commissioner may appoint staff.

(7) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert— “ Independent Anti-slavery Commissioner ”.

(8) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership: other disqualifying offices) at the appropriate place insert—

“Independent Anti-slavery Commissioner

(9) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “ The Independent Anti-slavery Commissioner ”.

General functions of Commissioner

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(1) The Commissioner must encourage good practice in—

(a) the prevention, detection, investigation and prosecution of slavery and human trafficking offences;

(b) the identification of victims of those offences.

(2) For the purposes of this section a slavery and human trafficking offence is an offence under—

(a) section 1, 2 or 4 of this Act,

(b) 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),

(c) section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland).

(3) The things that the Commissioner may do in pursuance of subsection (1) include—

(a) making reports on any permitted matter to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland;

(b) making recommendations to any public authority about the exercise of its functions;

(d) providing information, education or training;

(e) consulting public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons;

(f) co-operating with or working jointly with public authorities (including the Commissioner for Victims and Witnesses), voluntary organisations and other persons, in the United Kingdom or internationally.

(4) The matters to which the Commissioner may have regard in pursuance of subsection (1) include the provision of assistance and support to victims of slavery and human trafficking offences.

(5) In subsection (3)(a) “permitted matter” means a matter which—

(a) the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland have asked the Commissioner to report on, or

(b) the current strategic plan, approved by the Secretary of State under section 42(6), states is a matter the Commissioner proposes to report on.

(6) The Commissioner must (after ascertaining whether the Secretary of State, the Scottish Ministers, the Lord Advocate or the Department of Justice in Northern Ireland wish to exercise the powers conferred by subsections (7) to (10)) publish each report made under subsection (3)(a).

(7) The Secretary of State may direct the Commissioner to omit from any report before publication any material whose publication the Secretary of State thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person in England and Wales, or

(8) The Scottish Ministers may direct the Commissioner to omit from any report before publication any material whose publication the Scottish Ministers think—

(a) might jeopardise the safety of any person in Scotland, or

(b) might prejudice the investigation of an offence under the law of Scotland.

(9) The Lord Advocate may direct the Commissioner to omit from any report before publication any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland.

(10) The Department of Justice in Northern Ireland may direct the Commissioner to omit from any report before publication any material whose publication the department thinks—

(a) might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.

(11) If the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland lay before Parliament, the Scottish Parliament or the Northern Ireland Assembly a report made by the Commissioner under subsection (3)(a), they must lay the report as it is published by the Commissioner under subsection (6).

Strategic plans and annual reports

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(1) The Commissioner must, as soon as reasonably practicable after the Commissioner's appointment, prepare a strategic plan and submit it to the Secretary of State for approval.

(2) The Commissioner must, before the end of the period to which a strategic plan relates (“the current period”), prepare a strategic plan for a period immediately following the current period and submit it to the Secretary of State for approval.

(3) The Commissioner may at any time prepare a revised strategic plan and submit it to the Secretary of State for approval.

(4) A strategic plan is a plan setting out how the Commissioner proposes to exercise the Commissioner's functions in the period to which the plan relates, which must be not less than one year and not more than three years.

(5) A strategic plan must in particular—

(a) state the Commissioner's objectives and priorities for the period to which the plan relates;

(b) state any matters on which the Commissioner proposes to report under section 41(3)(a) during that period;

(c) state any other activities the Commissioner proposes to undertake during that period in the exercise of the Commissioner's functions.

(6) The Secretary of State may approve a strategic plan either without modifications or with modifications agreed with the Commissioner.

(7) The Secretary of State must—

(a) before approving a strategic plan, consult the Scottish Ministers and the Department of Justice in Northern Ireland, and

(b) after approving a strategic plan, send a copy of the plan to the Scottish Ministers and the Department of Justice in Northern Ireland.

(8) As soon as reasonably practicable after the end of each financial year the Commissioner must submit to the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland an annual report on the exercise of the Commissioner's functions during the year.

(9) An annual report must include—

(a) an assessment of the extent to which the Commissioner's objectives and priorities have been met in that year;

(b) a statement of the matters on which the Commissioner has reported under section 41(3)(a) during the year;

(c) a statement of the other activities the Commissioner has undertaken during the year in the exercise of the Commissioner's functions.

(10) The Secretary of State must lay before Parliament—

(a) any strategic plan the Secretary of State approves, and

(b) any annual report the Secretary of State receives,

and must do so as soon as reasonably practicable after approving the plan or receiving the report.

(11) The Scottish Ministers must lay before the Scottish Parliament—

(a) any strategic plan the Secretary of State approves, and

(b) any annual report they receive,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(12) The Department of Justice in Northern Ireland must lay before the Northern Ireland Assembly—

(a) any strategic plan the Secretary of State approves, and

(b) any annual report it receives,

and must do so as soon as reasonably practicable after receiving the plan or the report.

(13) An annual report laid under any of subsections (10) to (12) must not contain material removed from the report under any of subsections (14) to (17).

(14) The Secretary of State may remove from an annual report any material whose publication the Secretary of State thinks—

(a) would be against the interests of national security,

(b) might jeopardise the safety of any person in England and Wales, or

(15) The Scottish Ministers may remove from an annual report any material whose publication the Scottish Ministers think—

(a) might jeopardise the safety of any person in Scotland, or

(b) might prejudice the investigation of an offence under the law of Scotland.

(16) The Lord Advocate may remove from an annual report any material whose publication the Lord Advocate thinks might prejudice the prosecution of an offence under the law of Scotland.

(17) The Department of Justice in Northern Ireland may remove from an annual report any material whose publication the department thinks—

(a) might jeopardise the safety of any person in Northern Ireland, or

(b) might prejudice the investigation or prosecution of an offence under the law of Northern Ireland.

Duty to co-operate with Commissioner

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(1) The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions.

(2) A specified public authority must so far as reasonably practicable comply with a request made to it under this section.

(3) A public authority which discloses information to the Commissioner in pursuance of subsection (2) does not breach any obligation of confidence owed by the public authority in relation to that information; but this does not apply in relation to patient information.

(4) “Patient information” means information (however recorded) which—

(a) relates to the physical or mental health or condition of an individual, to the diagnosis of an individual's condition or to an individual's care or treatment, or is to any extent derived directly or indirectly from such information, and

(b) identifies the individual or enables the individual to be identified (either by itself or in combination with other information).

(5) Except as provided by subsection (3), subsection (2) does not require or authorise any disclosure of information which contravenes a restriction on the disclosure of information (however imposed).

(6) In this section “specified public authority” means a public authority listed in Schedule 3.

(7) The Scottish Ministers may by regulations amend that Schedule so as to—

(a) add or remove a public authority having only functions which are exercisable in or as regards Scotland (a “Scottish public authority”);

(b) amend an entry relating to a Scottish public authority.

(8) The Department of Justice in Northern Ireland may by regulations amend that Schedule so as to—

(a) add or remove a public authority having only functions which are exercisable in or as regards Northern Ireland (a “Northern Irish public authority”);

(b) amend an entry relating to a Northern Irish public authority.

(9) The Secretary of State may by regulations amend that Schedule so as to—

(a) add or remove a public authority which is not a Scottish public authority or a Northern Irish public authority;

(b) amend an entry relating to a public authority which is not a Scottish public authority or a Northern Irish public authority.

(10) Regulations under subsection (7), (8) or (9) which add a public authority to Schedule 3 may contain provision modifying the application of this section in relation to that authority.

Restriction on exercise of functions

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(1) The Commissioner must not exercise any function in relation to an individual case.

(2) Subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, considering a general issue.

PART 5 — Protection of victims

Defence for slavery or trafficking victims who commit an offence

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(1) A person is not guilty of an offence if—

(a) the person is aged 18 or over when the person does the act which constitutes the offence,

(b) the person does that act because the person is compelled to do it,

(d) a reasonable person in the same situation as the person and having the person's relevant characteristics would have no realistic alternative to doing that act.

(2) A person may be compelled to do something by another person or by the person's circumstances.

(3) Compulsion is attributable to slavery or to relevant exploitation only if—

(a) it is, or is part of, conduct which constitutes an offence under section 1 or conduct which constitutes relevant exploitation, or

(b) it is a direct consequence of a person being, or having been, a victim of slavery or a victim of relevant exploitation.

(4) A person is not guilty of an offence if—

(a) the person is under the age of 18 when the person does the act which constitutes the offence,

(b) the person does that act as a direct consequence of the person being, or having been, a victim of slavery or a victim of relevant exploitation, and

(c) a reasonable person in the same situation as the person and having the person's relevant characteristics would do that act.

(5) For the purposes of this section—

“relevant characteristics” means age, sex and any physical or mental illness or disability;

“relevant exploitation” is exploitation (within the meaning of section 3) that is attributable to the exploited person being, or having been, a victim of human trafficking.

(6) In this section references to an act include an omission.

(7) Subsections (1) and (4) do not apply to an offence listed in Schedule 4.

(8) The Secretary of State may by regulations amend Schedule 4.

Special measures for witnesses in criminal proceedings

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(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 17(4) (witnesses eligible for assistance on grounds of fear or distress about testifying) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.

(3) In section 25(4)(a) (offences where court may direct evidence to be given in private) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.

(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “ section 1 or 2 of the Modern Slavery Act 2015 ”.

Civil legal aid for victims of slavery

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(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (availability of civil legal services) is amended as follows.

(2) In Part 1 (services), after paragraph 32 insert—

(32A) (1) Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where— (a) there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or (b) there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim. (2) Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where— (a) the services are provided to the individual, or (b) the individual has died and the services are provided to the individual's personal representative. (3) Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where— (a) the services are provided to the individual, or (b) the individual has died and the services are provided to the individual's personal representative. (4) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. (5) Sub-paragraphs (2) and (3) are subject to— (a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and (b) the exclusion in Part 3 of this Schedule. (6) For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of slavery, servitude or forced or compulsory labour if a competent authority has determined that there are such grounds. (7) For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of slavery, servitude or forced or compulsory labour when a competent authority concludes that the individual is or is not such a victim. (8) For the purposes of this paragraph “slavery”, “servitude” and “forced or compulsory labour” have the same meaning as they have for the purposes of article 4 of the Human Rights Convention. (9) 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, as it has effect for the time being in relation to the United Kingdom. (10) The definitions of “competent authority”, “employment”, “employment law” and “personal representative” in paragraph 32(8) also apply for the purposes of this paragraph.

(3) In Part 3 (advocacy: exclusion and exceptions), in paragraph 13 for “or 32(1)” substitute “ , 32(1) or 32A(1) ”.

Independent child trafficking advocates

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(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.

Guidance about identifying and supporting victims

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(1) The Secretary of State must issue guidance to such public authorities and other persons as the Secretary of State considers appropriate about—

(a) the sorts of things which indicate that a person may be a victim of slavery or human trafficking;

(b) arrangements for providing assistance and support to persons who there are reasonable grounds to believe are victims of slavery or human trafficking or who are such victims;

(c) arrangements for determining whether there are reasonable grounds to believe that a person is a victim of slavery or human trafficking.

(d) arrangements for determining whether a person is a victim of slavery or human trafficking.

(1A) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (d) is to be made on the balance of probabilities.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.

(4) If the Secretary of State makes regulations under section 50, the references in subsection (1) to “arrangements” include arrangements under the regulations.

Regulations about identifying and supporting victims

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(1) The Secretary of State may make regulations providing for assistance and support to be provided to persons—

(a) who there are reasonable grounds to believe are victims of slavery or human trafficking;

(b) who are victims of slavery or human trafficking.

(2) The Secretary of State may make regulations providing for public authorities to determine (for the purposes of regulations under subsection (1) or other purposes specified in the regulations) whether—

(a) there are reasonable grounds to believe that a person is a victim of slavery or human trafficking;

(b) a person is a victim of slavery or human trafficking.

(3) Regulations under subsection (2) may in particular make provision about the public authorities who may make such determinations, and the criteria and procedure for doing so.

(4) If regulations under subsection (2) make provision for determining whether a person is a victim of slavery or human trafficking (as mentioned in paragraph (b) of that subsection), they must provide that the determination is to be made on the balance of probabilities.

Presumption about age

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(1) This section applies where—

(a) a public authority with functions under relevant arrangements has reasonable grounds to believe that a person is a victim of human trafficking, and

(b) the authority is not certain of the person's age but has reasonable grounds to believe that the person may be under 18.

(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 public authority must assume for the purposes of its functions under relevant arrangements that the person is under 18.

(3) “Relevant arrangements” means arrangements for providing assistance and support to persons who are, or who there are reasonable grounds to believe are, victims of human trafficking, as set out in—

(a) guidance issued under section 49(1)(b);

(b) any regulations made under section 50(1).

(4) “Local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).

Duty to notify Secretary of State about suspected victims of slavery or human trafficking

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(1) If a public authority to which this section applies has reasonable grounds to believe that a person may be a victim of slavery or human trafficking it must notify—

(a) the Secretary of State, or

(b) if regulations made by the Secretary of State require it to notify a public authority other than the Secretary of State, that public authority.

(2) The Secretary of State may by regulations make provision about the information to be included in a notification.

(3) Regulations under subsection (2) must provide that a notification relating to a person aged 18 or over may not include information that—

(a) identifies the person, or

(b) enables the person to be identified (either by itself or in combination with other information),

unless the person consents to the inclusion of the information.

(4) Regulations under subsection (2)—

(a) may provide that a public authority which includes information in a notification in accordance with the regulations does not breach any obligation of confidence owed by the public authority in relation to that information;

(b) may not require or authorise the inclusion of information which contravenes any other restriction on the disclosure of information (however imposed).

(5) This section applies to—

(a) a chief officer of police for a police area,

(b) the chief constable of the British Transport Police Force,

(d) a county council,

(e) a county borough council,

(f) a district council,

(g) a London borough council,

(h) the Greater London Authority,

(i) the Common Council of the City of London,

(j) the Council of the Isles of Scilly,

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Secretary of State may by regulations amend subsection (5) so as to—

(a) add or remove a public authority;

(b) amend the entry for a public authority.

Overseas domestic workers

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(1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to an overseas domestic worker—

(a) who has been determined to be a victim of slavery or human trafficking, and

(b) in relation to whom such other requirements are met as may be provided for by the rules.

(2) Immigration rules must make provision as to the conditions on which such leave is to be granted, and must in particular provide—

(a) that the leave is to be for the purpose of working as a domestic worker in a private household;

(b) for a person who has such leave to be able to change employer (subject to paragraph (a)).

(3) Immigration rules may specify a maximum period for which a person may have leave to remain in the United Kingdom by virtue of subsection (1).

If they do so, the specified maximum period must not be less than 6 months.

(4) For the purposes of this section an overseas domestic worker has been determined to be a victim of slavery or human trafficking if a public authority has determined that he or she is such a victim—

(a) under regulations made under section 50(2)(b), or

(b) where no such regulations apply, under arrangements identified in the immigration rules.

(5) The Secretary of State must issue guidance to persons having functions under the Immigration Acts about the exercise of those functions in relation to an overseas domestic worker who may be a victim of slavery or human trafficking.

(6) The guidance must provide for a period during which no enforcement action should be taken against such an overseas domestic worker in respect of his or her—

(a) remaining in the United Kingdom beyond the time limited by his or her leave to enter or remain, or

(b) breaching a condition of that leave relating to his or her employment,

if he or she did so because of the matters relied on as slavery or human trafficking.

(7) In this section—

“enforcement action” has the meaning given by section 24A of the Immigration Act 1971;

“immigration rules” has the same meaning as in that Act;

“overseas domestic worker” means a person who, under the immigration rules, has (or last had) leave to enter or remain in the United Kingdom as— a domestic worker in a private household, or a private servant in a diplomatic household.

PART 6 — Transparency in supply chains etc

Transparency in supply chains etc

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(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;

(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 body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom, or 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 partnership within the Partnership Act 1890, a limited partnership registered under the Limited Partnerships Act 1907, or 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— conduct which constitutes an offence under any of the following— section 1, 2 or 4 of this Act, 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), section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (equivalent offences in Scotland), or 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.

PART 7 — Miscellaneous and general

Miscellaneous

Gangmasters Licensing Authority

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Interpretation

56

(A1) For the purposes of sections 48 to 53 (identification and protection of victims), “victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022.

(1) For the purposes of any other provision of this Act a person is a victim of slavery if he or she is a victim of—

(a) conduct which constitutes an offence under section 1, or

(b) conduct which would have constituted an offence under that section if that section had been in force when the conduct occurred.

(2) For the purposes of any other provision of this Act a person is a victim of human trafficking if he or she is the victim of—

(a) conduct which constitutes an offence under section 2, or would constitute an offence under that section if the person responsible for the conduct were a UK national, or

(b) conduct which would have been within paragraph (a) if section 2 had been in force when the conduct occurred.

(3) In this Act—

“child” means a person under the age of 18;

“country” includes territory or other part of the world;

“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

“UK national” has the meaning given by section 13.

Consequential provision

57

(1) Schedule 5 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make whatever provision the Secretary of State thinks appropriate in consequence of this Act.

(3) The provision which may be made by regulations under subsection (2) includes provision amending, repealing or revoking any provision of an Act or subordinate legislation (including an Act passed or subordinate legislation made in the same session as this Act).

Regulations

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 section 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);

(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.

Financial provisions

59

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State;

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

60

(1) Parts 1, 2 and 5 (except for section 53) ... extend to England and Wales only, subject to subsection (4).

(2) Part 3 extends as follows—

(a) section 35 extends to England and Wales only;

(b) section 36 extends to Scotland only;

(d) sections 38 and 39, and Schedule 2, extend to England and Wales, Scotland and Northern Ireland.

(3) Part 4, section 53 in Part 5 and Parts 6 and 7 ... extend to England and Wales, Scotland and Northern Ireland, subject to subsections (4) and (5).

(4) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(5) But the amendments and repeals made by the following provisions of Schedule 5 extend to England and Wales only—

(a) paragraph 2,

(b) paragraph 5(2),

(d) paragraph 8,

(e) paragraph 21.

(6) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.

Commencement

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.

Short title

62

This Act may be cited as the Modern Slavery Act 2015.

SCHEDULE 1

Nationality, Immigration and Asylum Act 2002 (c. 41)

1

An offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (trafficking for prostitution).

Sexual Offences Act 2003 (c. 42)

2

(1) An offence under section 57, 58, 58A, 59 or 59A of the Sexual Offences Act 2003 (trafficking for sexual exploitation).

(2) An offence under section 62 of that Act (committing offence with intent to commit relevant sexual offence), where the relevant sexual offence the person in question intended to commit was an offence under section 57, 58, 58A, 59 or 59A of that Act.

Criminal Justice (Scotland) Act 2003 (asp 7)

3

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

4

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking for exploitation).

Coroners and Justice Act 2009 (c. 25)

5

An offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

6

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

Modern Slavery Act 2015 (c. 30)

7

An offence under section 1, 2 or 4 of this Act.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

8

An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery, servitude and forced or compulsory labour; human trafficking).

Ancillary offences

9

(1) An offence of attempting or conspiring to commit an offence listed in this Schedule.

(2) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence listed in this Schedule.

(3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.

SCHEDULE 2

PART 1 — England and Wales

Introductory

1

(1) This Part of this Schedule sets out the powers exercisable by English and Welsh constables and enforcement officers under sections 35 and 38(1).

(2) In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

2

(1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that—

(a) an offence under section 1 or 2 is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under either of those sections.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.

(5) If the constable or enforcement officer is acting under authority given for the purposes of section 35(5), the constable or enforcement officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

3

(1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to an offence under section 1 or 2, or

(b) to an offence that is connected with an offence under either of those sections.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or enforcement officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the constable or enforcement officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

4

(1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that an offence under section 1 or 2 has been, or is being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Code of practice

5

(1) The Secretary of State must prepare and issue a code in respect of the practice to be followed by English and Welsh constables and enforcement officers when arresting a person under the power conferred by paragraph 4.

(2) The code must in particular provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).

(3) A failure of a constable or an enforcement officer to comply with any provision of the code does not of itself render the constable or officer liable to any criminal or civil proceedings.

(4) The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(5) The Secretary of State may at any time revise the whole or any part of the code.

(6) The code, or any revision of the code, does not come into operation until the Secretary of State so provides in regulations.

(7) Regulations under this paragraph are to be made by statutory instrument.

(8) An instrument containing regulations under this paragraph that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9) An instrument containing regulations under this paragraph that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in sub-paragraph (8)).

(10) Where an instrument, or a draft of an instrument, is laid, the code or revision of the code to which it relates must also be laid.

Assistants

6

(1) An English and Welsh constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable's or officer's functions under this Part of this Schedule, but only under the constable's or officer's supervision.

Reasonable force

7

An English and Welsh constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

8

An English and Welsh constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.

Protection of constables and enforcement officers

9

An English and Welsh constable or an enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

10

(1) A person commits an offence under the law of England and Wales if the person—

(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine.

PART 2 — Scotland

Introductory

11

(1) This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4).

(2) In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

“listed offence” has the meaning given by section 36(8);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

12

(1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—

(a) a listed offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of a listed offence.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.

(5) If the constable or enforcement officer is acting under authority given for the purposes of section 36(5), the constable or officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

13

(1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

14

(1) This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that a listed offence has been, or is being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found on the ship which appears to the constable or officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

Assistants

15

(1) A Scottish constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-paragraph (1) may perform any of the constable's or officer's functions under this Part of this Schedule, but only under the constable's or officer's supervision.

Reasonable force

16

A Scottish constable or an enforcement officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

17

A Scottish constable or an enforcement officer must produce evidence of the constable's or officer's authority if asked to do so.

Offences

18

(1) A person commits an offence under the law of Scotland if the person—

(a) intentionally obstructs a constable or an enforcement officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a constable or an enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a Scottish constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

PART 3 — Northern Ireland

Introductory

19

(1) This Part of this Schedule sets out the powers exercisable by Northern Ireland constables and enforcement officers under sections 37 and 38(7).

(2) In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (1989/1341 (N.I. 12)) (see Article 12 of that Order);

“listed offence” has the meaning given by section 37(9);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

20

(1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that—

(a) a listed offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of a listed offence.

(2) The constable or enforcement officer may—

(a) stop the ship;

(b) board the ship;

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.

(5) If the constable or enforcement officer is acting under authority given for the purposes of section 37(6), the constable or officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.

Power to search and obtain information

21

(1) This paragraph applies if a Northern Ireland constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

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