Modern Slavery Act 2015
- (b) anyone on the ship;
- (c) anything on the ship (including cargo).
- (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 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 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
22
- (1) This paragraph applies if a Northern Ireland 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).
Code of practice
23
- (1) The Department of Justice in Northern Ireland must prepare and issue a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by paragraph 22.
- (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 Department of Justice 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 Department of Justice—
- (a) lays a draft of the code, or revised code, before the Northern Ireland Assembly, and
- (b) provides by order for the code, or revised code, to come into operation.
- (7) An order bringing the code into operation may contain such transitional provisions or savings as appear to the Department of Justice to be necessary or expedient.
- (8) An order under this paragraph is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
- (9) The power of the Department of Justice to make an order under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Assistants
24
- (1) A Northern Ireland 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
25
A Northern Ireland 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
26
A Northern Ireland 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
27
A Northern Ireland 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
28
- (1) A person commits an offence under the law of Northern Ireland 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 Northern Ireland constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland 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 imprisonment for a term not exceeding 2 years or to a fine, or to both.
SCHEDULE 3
Law enforcement and border security
Local government
Health bodies
Regulators
SCHEDULE 4
Common law offences
1
False imprisonment.
2
Kidnapping.
3
Manslaughter.
4
Murder.
5
Perverting the course of justice.
6
Piracy.
Offences against the Person Act 1861 (c. 100)
7
An offence under any of the following provisions of the Offences Against the Person Act 1861—
- section 4 (soliciting murder)
- section 16 (threats to kill)
- section 18 (wounding with intent to cause grievous bodily harm)
- section 20 (malicious wounding)
- section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence)
- section 22 (using drugs etc to commit or assist in the committing of an indictable offence)
- section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm)
- section 27 (abandoning children)
- section 28 (causing bodily injury by explosives)
- section 29 (using explosives with intent to do grievous bodily harm)
- section 30 (placing explosives with intent to do bodily injury)
- section 31 (setting spring guns etc with intent to do grievous bodily harm)
- section 32 (endangering safety of railway passengers)
- section 35 (injuring persons by furious driving)
- section 37 (assaulting officer preserving wreck)
- section 38 (assault with intent to resist arrest).
Explosive Substances Act 1883 (c. 3)
8
An offence under any of the following provisions of the Explosive Substances Act 1883—
- section 2 (causing explosion likely to endanger life or property)
- section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property)
- section 4 (making or possession of explosives under suspicious circumstances).
Infant Life (Preservation) Act 1929 (c. 34)
9
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Children and Young Persons Act 1933 (c. 12)
10
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
11
An offence under section 2 of the Public Order Act 1936 (control etc of quasi-military organisation).
Infanticide Act 1938 (c. 36)
12
An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968 (c. 27)
13
An offence under any of the following provisions of the Firearms Act 1968—
- section 5 (possession of prohibited firearms)
- section 16 (possession of firearm with intent to endanger life)
- section 16A (possession of firearm with intent to cause fear of violence)
- section 17(1) (use of firearm to resist arrest)
- section 17(2) (possession of firearm at time of committing or being arrested for specified offence)
- section 18 (carrying firearm with criminal intent).
Theft Act 1968 (c. 60)
14
An offence under any of the following provisions of the Theft Act 1968—
- section 8 (robbery or assault with intent to rob)
- section 9 (burglary), where the offence is committed with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in it
- section 10 (aggravated burglary)
- section 12A (aggravated vehicle-taking), where the offence involves an accident which causes the death of any person
- section 21 (blackmail).
Criminal Damage Act 1971 (c. 48)
15
The following offences under the Criminal Damage Act 1971—
- an offence of arson under section 1
- an offence under section 1(2) (destroying or damaging property) other than an offence of arson.
Immigration Act 1971 (c. 77)
16
An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state or the United Kingdom).
Customs and Excise Management Act 1979 (c. 2)
17
An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
Taking of Hostages Act 1982 (c. 28)
18
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982 (c. 36)
19
An offence under any of the following provisions of the Aviation Security Act 1982—
- section 1 (hijacking)
- section 2 (destroying, damaging or endangering safety of aircraft)
- section 3 (other acts endangering or likely to endanger safety of aircraft)
- section 4 (offences in relation to certain dangerous articles).
Mental Health Act 1983 (c. 20)
20
An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Child Abduction Act 1984 (c. 37)
21
An offence under any of the following provisions of the Child Abduction Act 1984—
- section 1 (abduction of child by parent etc)
- section 2 (abduction of child by other persons).
Public Order Act 1986 (c. 64)
22
An offence under any of the following provisions of the Public Order Act 1986—
- section 1 (riot)
- section 2 (violent disorder).
Criminal Justice Act 1988 (c. 33)
23
An offence under section 134 of the Criminal Justice Act 1988 (torture).
Road Traffic Act 1988 (c. 52)
24
An offence under any of the following provisions of the Road Traffic Act 1988—
- section 1 (causing death by dangerous driving)
- section 3A (causing death by careless driving when under the influence of drink or drugs).
Aviation and Maritime Security Act 1990 (c. 31)
25
An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
- section 1 (endangering safety at aerodromes)
- section 9 (hijacking of ships)
- section 10 (seizing or exercising control of fixed platforms)
- section 11 (destroying fixed platforms or endangering their safety)
- section 12 (other acts endangering or likely to endanger safe navigation)
- section 13 (offences involving threats).
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
26
An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Protection from Harassment Act 1997 (c. 40)
27
An offence under any of the following provisions of the Protection from Harassment Act 1997—
- section 4 (putting people in fear of violence)
- section 4A (stalking involving fear of violence or serious alarm or distress).
Crime and Disorder Act 1998 (c. 37)
28
An offence under any of the following provisions of the Crime and Disorder Act 1998 —
- section 29 (racially or religiously aggravated assaults)
- section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
Terrorism Act 2000 (c. 11)
29
An offence under any of the following provisions of the Terrorism Act 2000—
- section 54 (weapons training)
- section 56 (directing terrorist organisation)
- section 57 (possession of article for terrorist purposes)
- section 59 (inciting terrorism overseas).
International Criminal Court Act 2001 (c. 17)
30
An offence under any of the following provisions of the International Criminal Court Act 2001—
- section 51 (genocide, crimes against humanity and war crimes)
- section 52 (ancillary conduct).
Anti-terrorism, Crime and Security Act 2001 (c. 24)
31
An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
- section 47 (use of nuclear weapons)
- section 50 (assisting or inducing certain weapons-related acts overseas)
- section 113 (use of noxious substance or thing to cause harm or intimidate).
Female Genital Mutilation Act 2003 (c. 31)
32
An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
- section 1 (female genital mutilation)
- section 2 (assisting a girl to mutilate her own genitalia)
- section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
Sexual Offences Act 2003 (c. 42)
33
An offence under any of the following provisions of the Sexual Offences Act 2003—
- section 1 (rape)
- section 2 (assault by penetration)
- section 3 (sexual assault)
- section 4 (causing person to engage in sexual activity without consent)
- section 5 (rape of child under 13)
- section 6 (assault of child under 13 by penetration)
- section 7 (sexual assault of child under 13)
- section 8 (causing or inciting child under 13 to engage in sexual activity)
- section 9 (sexual activity with a child)
- section 10 (causing or inciting a child to engage in sexual activity)
- section 13 (child sex offences committed by children or young persons)
- section 14 (arranging or facilitating commission of child sex offence)
- section 15 (meeting a child following sexual grooming)
- section 16 (abuse of position of trust: sexual activity with a child)
- section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity)
- section 18 (abuse of position of trust: sexual activity in presence of child)
- section 19 (abuse of position of trust: causing a child to watch a sexual act)
- section 25 (sexual activity with a child family member)
- section 26 (inciting a child family member to engage in sexual activity)
- section 30 (sexual activity with a person with a mental disorder impeding choice)
- section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity)
- section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice)
- section 33 (causing a person with a mental disorder impeding choice to watch a sexual act)
- section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)
- section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception)
- section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder)
- section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception)
- section 38 (care workers: sexual activity with a person with a mental disorder)
- section 39 (care workers: causing or inciting sexual activity)
- section 40 (care workers: sexual activity in the presence of a person with a mental disorder)
- section 41 (care workers: causing a person with a mental disorder to watch a sexual act)
- section 47 (paying for sexual services of a child)
- section 48 (causing or inciting child prostitution or pornography)
- section 49 (controlling a child prostitute or a child involved in pornography)
- section 50 (arranging or facilitating child prostitution or pornography)
- section 61 (administering a substance with intent)
- section 62 (committing offence with intent to commit sexual offence)
- section 63 (trespass with intent to commit sexual offence)
- section 64 (sex with an adult relative: penetration)
- section 65 (sex with an adult relative: consenting to penetration)
- section 66 (exposure)
- section 66A (sending etc photograph or film of genitals)
- section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation)
- section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification)
- section 67 (voyeurism)
- section 67A (voyeurism: additional offences)
- section 70 (sexual penetration of a corpse).
Domestic Violence, Crime and Victims Act 2004 (c. 28)
34
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
Terrorism Act 2006 (c. 11)
35
An offence under any of the following provisions of the Terrorism Act 2006—
- section 5 (preparation of terrorist acts)
- section 6 (training for terrorism)
- section 9 (making or possession of radioactive device or material)
- section 10 (use of radioactive device or material for terrorist purposes)
- section 11 (terrorist threats relating to radioactive devices etc).
Modern Slavery Act 2015 (c. 30)
36
An offence under any of the following provisions of the Modern Slavery Act 2015—
- section 1 (slavery, servitude and forced or compulsory labour)
- section 2 (human trafficking).
Ancillary offences
37
- (1) An offence of attempting or conspiring to commit an offence listed in this Schedule.
- (2) An offence committed by aiding, abetting, counselling or procuring 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 5
PART 1 — Amendments relating to offences
Children and Young Persons Act 1933 (c. 12)
1
- (1) Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions of the Act apply) is amended as follows.
- (2) In the first entry relating to the Sexual Offences Act 2003 omit “59A to”.
- (3) Omit the entry relating to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
- (4) After that entry insert— “ An offence against a child or young person under section 2 of the Modern Slavery Act 2015 (human trafficking), or any attempt to commit such an offence. ”
Immigration Act 1971 (c. 77)
2
In section 25C of the Immigration Act 1971 (forfeiture of vehicle, ship or aircraft) in subsections (9)(b), (10)(b) and (11) for the words from “a passenger” to the end substitute “ the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). ”
Police and Criminal Evidence Act 1984 (c. 60)
3
In section 65A(2) of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of “qualifying offence”) after paragraph (r) insert—
(s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
Sexual Offences (Amendment) Act 1992 (c. 34)
4
In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences under law of England and Wales to which the Act applies)—
- (a) after paragraph (da) insert—
(db) any offence under section 2 of the Modern Slavery Act 2015 (human trafficking);
;
- (b) in paragraph (e) for “(da)” substitute “ (db) ”.
Sexual Offences Act 2003 (c. 42)
5
- (1) The Sexual Offences Act 2003 is amended as follows.
- (2) Omit sections 59A to 60C (trafficking for sexual exploitation; forfeiture and detention).
- (3) In Schedule 5 (relevant offences for purposes of notification and orders) after paragraph 63A insert—
(63B) An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
- (4) In Schedule 6, omit paragraphs 31(2)(b) and 46(2).
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
6
- (1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows.
- (2) Omit section 4 (trafficking people for exploitation).
- (3) In section 5 (section 4 - supplementary provision) omit subsections (3) to (7) and (11).
- (4) In section 14(2) (immigration officers' power of arrest)—
- (a) omit paragraphs (n) and (p);
- (b) after paragraph (q) insert—
(r) an offence under section 2 of the Modern Slavery Act 2015.
Serious Crime Act 2007 (c. 27)
7
- (1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales) is amended as follows.
- (2) After paragraph 1 insert—
(1A) An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).
- (3) In paragraph 2, at the end insert—
(4) An offence under section 2 of the Modern Slavery Act 2015.
Coroners and Justice Act 2009 (c. 25)
8
Omit section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).
Protection of Freedoms Act 2012 (c. 9)
9
- (1) The Protection of Freedoms Act 2012 is amended as follows.
- (2) Omit sections 109 and 110.
- (3) In Schedule 9, omit paragraphs 136, 138, 140(2) and (3) and 141.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
10
In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 32(8) (civil legal services for trafficking victims: definitions), in the definition of “exploitation” for the words from “section” to the end substitute “ section 3 of the Modern Slavery Act 2015 (meaning of exploitation for purposes of human trafficking offence in section 2 of that Act); ”.
PART 2 — Amendments relating to slavery and trafficking reparation orders
Administration of Justice Act 1970 (c. 31)
11
- (1) The Administration of Justice Act 1970 is amended as follows.
- (2) In section 41(8) (enforcement of orders for compensation etc) for “or 13A” substitute “ , 12B or 12C ”.
- (3) In Part 1 of Schedule 9 (enforcement of orders for compensation etc) after paragraph 12B insert—
(12C) Where under section 8 of the Modern Slavery Act 2015 a court makes a slavery and trafficking reparation order.
Criminal Justice Act 1991 (c. 53)
12
- (1) Section 24 of the Criminal Justice Act 1991 (recovery of fines by deduction from certain benefits) is amended as follows.
- (2) In subsection (1), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
- (3) In subsection (3)(b), for “or unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
- (4) In subsection (4), after the definition of “prescribed” insert—
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
13
In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), for “2000 or” substitute “ 2000, section 8 of the Modern Slavery Act 2015, ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime Act 2002 (c. 29)
15
In section 13(3A) of the Proceeds of Crime Act 2002 (effect of confiscation order on court’s other powers), after paragraph (c) insert—
(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
16
In section 19(8) of the Proceeds of Crime Act 2002 (no order made: reconsideration of case), at the end insert “ in relation to it ”.
17
In section 20(12) of the Proceeds of Crime Act 2002 (no order made: reconsideration of benefit), at the end insert “ in relation to it ”.
18
In section 32(7)(b) of the Proceeds of Crime Act 2002 (court's powers on appeal) at the end insert “ in relation to it ”.
19
In section 33(9)(b) of the Proceeds of Crime Act 2002 (appeal to Supreme Court) at the end insert “ in relation to it ”.
20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
In section 308 of the Proceeds of Crime Act 2002 (general exceptions to concept of recoverable property) after subsection (4) insert—
(4A) If— (a) a payment is made to a person in pursuance of a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, and (b) apart from this subsection, the sum received would be recoverable property, the property ceases to be recoverable.
22
In Schedule 11 to the Proceeds of Crime Act 2002 (amendments), omit paragraph 37(3).
Courts Act 2003 (c. 39)
23
- (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
- (2) In paragraph 2(2)—
- (a) omit the “and” at the end of the definition of “a sum required to be paid by a compensation order”;
- (b) after the definition of “a sum required to be paid by an unlawful profit order” insert—
“a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
- (3) In paragraph 7A(1) for “or an unlawful profit order” substitute “ , an unlawful profit order or a slavery and trafficking reparation order ”.
- (4) In paragraph 13(1)(aa)—
- (a) for “or a sum” substitute “ , a sum ”;
- (b) after “unlawful profit order” insert “ or a sum required to be paid by a slavery and trafficking reparation order ”;
- (c) in sub-paragraph (i) for “or the” substitute “ , the ”;
- (d) in that sub-paragraph after “unlawful profit order” insert “ or the amount required to be paid by the slavery and trafficking reparation order ”.
Criminal Justice Act 2003 (c. 44)
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
26
In paragraph 1 of Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges: exempted payments)—
- (a) omit “or” at the end of sub-paragraph (b);
- (b) at the end of sub-paragraph (c) insert
or (d) section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).
Prevention of Social Housing Fraud Act 2013 (c. 3)
27
- (1) The Prevention of Social Housing Fraud Act 2013 is amended as follows.
- (2) In section 4(12)(d) (application of Powers of Criminal Courts (Sentencing) Act 2000 to unlawful profit orders)—
- (a) for the words from “133(3)(c)” to “confiscation order or” substitute “ 133(3)(c)(ii) to an unlawful profit order under section 4 were to ”;
- (b) omit the second “(or both)”.
- (3) In the Schedule (amendments), omit paragraphs 2, 5(2)(a) and (3), 9, 26 and 30(2).
Human trafficking
Slavery, servitude and forced or compulsory labour
Slavery and trafficking risk orders
Enforcement by Gangmasters and Labour Abuse Authority
Nationality, Immigration and Asylum Act 2002 (c. 41)
Sexual Offences Act 2003 (c. 42)
Criminal Justice (Scotland) Act 2003 (asp 7)
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
Coroners and Justice Act 2009 (c. 25)
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
Modern Slavery Act 2015 (c. 30)
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))
Ancillary offences
Introductory
Power to stop, board, divert and detain
Power to search and obtain information
Power of arrest and seizure
Code of practice
Assistants
Reasonable force
Evidence of authority
Protection of constables and enforcement officers
Offences
Introductory
Power to stop, board, divert and detain
Power to search and obtain information
Power of arrest and seizure
Assistants
Reasonable force
Evidence of authority
Offences
Introductory
Power to stop, board, divert and detain
Power to search and obtain information
Power of arrest and seizure
Code of practice
Assistants
Reasonable force
Evidence of authority
Protection of constables and enforcement officers
Offences
Law enforcement and border security
Local government
Health bodies
...
Common law offences
Offences against the Person Act 1861 (c. 100)
Explosive Substances Act 1883 (c. 3)
Infant Life (Preservation) Act 1929 (c. 34)
Children and Young Persons Act 1933 (c. 12)
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
Infanticide Act 1938 (c. 36)
Firearms Act 1968 (c. 27)
Theft Act 1968 (c. 60)
Criminal Damage Act 1971 (c. 48)
Immigration Act 1971 (c. 77)
Customs and Excise Management Act 1979 (c. 2)
Taking of Hostages Act 1982 (c. 28)
Aviation Security Act 1982 (c. 36)
Mental Health Act 1983 (c. 20)
Child Abduction Act 1984 (c. 37)
Public Order Act 1986 (c. 64)
Criminal Justice Act 1988 (c. 33)
Road Traffic Act 1988 (c. 52)
Aviation and Maritime Security Act 1990 (c. 31)
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
Protection from Harassment Act 1997 (c. 40)
Crime and Disorder Act 1998 (c. 37)
Terrorism Act 2000 (c. 11)
International Criminal Court Act 2001 (c. 17)
Anti-terrorism, Crime and Security Act 2001 (c. 24)
Female Genital Mutilation Act 2003 (c. 31)
Sexual Offences Act 2003 (c. 42)
Domestic Violence, Crime and Victims Act 2004 (c. 28)
Terrorism Act 2006 (c. 11)
Modern Slavery Act 2015 (c. 30)
Ancillary offences
Children and Young Persons Act 1933 (c. 12)
Immigration Act 1971 (c. 77)
Police and Criminal Evidence Act 1984 (c. 60)
Sexual Offences (Amendment) Act 1992 (c. 34)
Sexual Offences Act 2003 (c. 42)
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
Serious Crime Act 2007 (c. 27)
Coroners and Justice Act 2009 (c. 25)
Protection of Freedoms Act 2012 (c. 9)
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
Administration of Justice Act 1970 (c. 31)
Criminal Justice Act 1991 (c. 53)
Social Security (Recovery of Benefits) Act 1997 (c. 27)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
Proceeds of Crime Act 2002 (c. 29)
Courts Act 2003 (c. 39)
Criminal Justice Act 2003 (c. 44)
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
Prevention of Social Housing Fraud Act 2013 (c. 3)
Editorial notes
S. 57 partly in force; s. 57(2)(3) in force at Royal Assent, see s. 61(3)
Sch. 2 para. 6 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 4 para. 31 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 2 para. 13 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 5 para. 14 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Sch. 1 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g) (with regs. 6, 8)
Words in s. 5(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Words in s. 20(9) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(3)(b); S.I. 2016/603, reg. 3(t)
Sch. 5 para. 16 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Sch. 5 para. 11 in force at 17.3.2016 by S.I. 2016/243, reg. 2(a)
S. 50(4) inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(5)(c), 87(1); S.I. 2023/33, reg. 3(a)
Words in s. 56(1) inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(7)(b), 87(1); S.I. 2023/33, reg. 3(a)
S. 20(2)(g) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(2); S.I. 2016/603, reg. 3(t)
Sch. 4 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Words in s. 15(8)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(4)(a); S.I. 2016/603, reg. 3(t)
Sch. 1 para. 8 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Sch. 5 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
Words in Sch. 4 para. 33 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 19; S.I. 2024/31, reg. 2
S. 36 in force at 8.8.2016 by S.I. 2016/740, reg. 2(b)
Sch. 4 para. 13 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 4 para. 37 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 5 para. 27(1)(2) in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Sch. 2 para. 8 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
S. 51 in force at 15.10.2015 by S.I. 2015/1690, reg. 2(b)
Word in s. 49(1)(c) substituted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(3)(b), 87(1); S.I. 2023/33, reg. 3(a)
Sch. 2 para. 24 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
S. 35 in force at 8.8.2016 by S.I. 2016/740, reg. 2(a)
Sch. 4 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Words in s. 56(2) inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(7)(b), 87(1); S.I. 2023/33, reg. 3(a)
S. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
S. 8 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
Sch. 2 para. 9 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Words in s. 34(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 294 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 5(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
S. 12 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
S. 32 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 2 para. 1 in force for specified purposes at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Words in s. 20(9) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(3)(a); S.I. 2016/603, reg. 3(t)
Sch. 4 para. 36 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 4 para. 20 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 1 para. 8A and cross-heading inserted (17.12.2016) by The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1031), art. 1(1), Sch. para. 3(6)
Sch. 2 para. 14 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 2 para. 28 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
S. 10(3)(e) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 293(3)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Sch. 2 para. 20 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 4 para. 33 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i) (with regs. 6, 8)
Sch. 5 para. 4 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
S. 6(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Word in Sch. 5 para. 11(3) substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 25(b)(ii)
S. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 4 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 17 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 2 para. 21 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
S. 34 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 2 para. 3 in force at 8.8.2016 for specified purposes by S.I. 2016/740, reg. 2(e)
Words in s. 26(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 14(b); S.I. 2016/603, reg. 3(t)
Word in s. 50(2)(a) substituted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(5)(b), 87(1); S.I. 2023/33, reg. 3(a)
Sch. 2 para. 5 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 4 para. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Words in s. 19(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 11(a); S.I. 2016/603, reg. 3(t)
S. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 5 para. 10 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
S. 39 in force at 8.8.2016 by S.I. 2016/740, reg. 2(d)
Sch. 5 para. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Words in s. 10(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 293(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Sch. 5 para. 24 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Sch. 5 para. 20 omitted (17.3.2016) by virtue of The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 27
Sch. 4 para. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 41 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(c) (with regs. 6, 8)
S. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
Sch. 4 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 20 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 4 para. 24 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 54 in force at 29.10.2015 by S.I. 2015/1816, reg. 2 (with reg. 3)
Sch. 5 para. 3 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
Sch. 5 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
S. 29 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Words in s. 15(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(3)(a); S.I. 2016/603, reg. 3(t)
S. 31 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
Sch. 4 para. 36B and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 16 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Sch. 2 para. 18 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
S. 49(1A) inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(4), 87(1); S.I. 2023/33, reg. 3(a)
S. 11 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
Sch. 5 para. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
S. 27(2)(g) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 15(2); S.I. 2016/603, reg. 3(t)
S. 49 in force at 15.10.2015 by S.I. 2015/1690, reg. 2(a)
S. 40 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(c)
S. 41(2)(c) substituted for s. 41(c)-(e) (17.12.2016) by The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1031), art. 1(1), Sch. para. 3(4)
Words in s. 49(1)(b) inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 60(3)(a)(ii), 87(1); S.I. 2023/33, reg. 3(a)
Sch. 1 para. 9 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g)
Sch. 5 para. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j) (with regs. 3, 6-8)
Sch. 1 para. 2 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(g) (with regs. 6, 8)
S. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
Sch. 4 para. 30 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 37 in force at 8.8.2016 by S.I. 2016/740, reg. 2(c)
Words in s. 27(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 15(3)(a); S.I. 2016/603, reg. 3(t)
Words in Sch. 3 inserted (N.I.) (1.4.2016) by The Modern Slavery Act 2015 (Duty to co-operate with Commissioner) (Northern Irish public authority) Regulations (Northern Ireland) 2016 (S.R. 2016/48), regs. 1, 2
S. 60(6) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(m), 87(3)(c)
Words in Sch. 4 para. 16 inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 22; 2020 c. 1, Sch. 5 para. 1(1)
S. 42 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(c)
Sch. 4 para. 7 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
S. 1 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a) (with regs. 5, 7, 8)
Sch. 2 para. 22 in force at 8.8.2016 by S.I. 2016/740, reg. 2(e)
Sch. 4 para. 28 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(i)
Sch. 4 para. 36A inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 33; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)
S. 50A inserted (30.1.2023) by Nationality and Borders Act 2022 (c. 36), ss. 64, 87(1); S.I. 2023/33, reg. 3(e)
Sch. 5 para. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(j)
S. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)
S. 6 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)
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