The Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018
| Jurisdiction | Scotland |
| Citation | SSI 2018/90 |
| Year | 2018 |
2018 No. 90
Criminal Law
The Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018
Made 1st March 2018
Coming into force 1st April 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(2)(b)(i) and 10(1) of the Human Trafficking and Exploitation (Scotland) Act 20151and all other powers enabling them to do so.
In accordance with section 41(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 and come into force on 1st April 2018.
(2) In these Regulations “the Act” means the Human Trafficking and Exploitation (Scotland) Act 2015.
Relevant period
2. The period specified for the purposes of section 9(2)(b)(i) (support and assistance: victims of human trafficking) of the Act is 90 days.
Support and assistance: victims of an offence under section 4 of the Act
3.—(1) This regulation applies where there are reasonable grounds to believe that an adult is a victim of an offence under section 4 (slavery, servitude and forced or compulsory labour) of the Act.
(2) Where this regulation applies, the Scottish Ministers must, during the relevant period, secure for the adult the provision of such support and assistance as they consider necessary given the adult’s needs.
(3) For the purposes of this regulation the relevant period—
(a)
(a) begins on the date it is determined that there are reasonable grounds to believe that the adult is a victim of an offence under section 4; and
(b)
(b) ends on the earlier of the following—
(i) the end of the period of 90 days from that date; or
(ii) the date on which there is a conclusive determination that the adult is or is not a victim of an offence under section 4.
(4) The Scottish Ministers may also secure the provision of such support and assistance as they consider necessary given the adult’s needs—
(a)
(a) during the period in which a competent authority is determining whether or not there are reasonable grounds to believe that the adult is a victim of an offence under section 4;
(b)
(b) where the relevant period in relation to the adult ends by virtue of sub-paragraph (3)(b)(i), during the period until there is a conclusive determination that the adult is or is not a victim of an offence under section 4;
(c)
(c) for such period as they think appropriate after there is a conclusive determination.
(5) Support and assistance may be provided under this...
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