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The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016

As Enacted Cited authorities 14 Cited in Amendments 1 Related
Vincent
JurisdictionScotland
CitationSSI 2016/128

2016 No. 128 (C. 12)

Criminal Law

The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016

Made 23th February 2016

Laid before the Scottish Parliament 25th February 2016

Coming into force 31th May 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 45(2) and (4) of the Human Trafficking and Exploitation (Scotland) Act 20151and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016 and come into force on 31st May 2016.

(2) In these Regulations “the Act” means the Human Trafficking and Exploitation (Scotland) Act 2015.

S-2 Appointed day

Appointed day

2.—(1) 31st May 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is described in column 2).

(2) If a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1, that provision comes into force for that purpose only.

S-3 Transitory provision – minor and consequential modifications

Transitory provision – minor and consequential modifications

3.—(1) Paragraph (2) has effect until the end of the period of 3 months beginning on the date on which paragraphs 2, 4 and 5 of the schedule to the Act come into force.

(2) Despite the amendments made by paragraph 3 of that schedule, for the purposes of section 40A(1) of the Antisocial Behaviour etc. (Scotland) Act 20042an “exploitation offence” continues to include any of the following—

(a)

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

(b)

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

(c)

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

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

23rd February 2016

SCHEDULE

Regulation 2

Provisions of the Act coming into force on 31st May 2016

Column 1

Provisions of the Act

Column 2

Subject matter

Column 3

Purpose

Part 1

Offences

Section 8

Lord Advocate’s instructions on prosecution of victims of offences

Section 9

Support and assistance: victims of offence of human trafficking

For the purpose of making regulations under section 9(2)(b)(i) and (8)

Section 10

Support and assistance: victims of an offence under section 4

Section 11

Independent child trafficking guardians

For the purpose of making regulations under section 11(7) and (8)

Section 12

Presumption of age

For the purpose of making regulations under section 12(5)

Part 3

Confiscation of property

Section 32

Offences

Section 33

Enforcement of other UK orders

Section 34(1)

Interpretation of Part 4

Section 35

Trafficking and exploitation strategy

Section 36

Review and publication of strategy

Section 37

Duty to...

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