The Human Trafficking and Exploitation (Independent Child Trafficking Guardians) (Scotland) Regulations 2023

JurisdictionScotland
CitationSSI 2023/18
Year2023

2023 No. 18

Criminal Law

The Human Trafficking and Exploitation (Independent Child Trafficking Guardians) (Scotland) Regulations 2023

Made 24th January 2023

Laid before the Scottish Parliament 26th January 2023

Coming into force 1st April 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 11(7) of the Human Trafficking and Exploitation (Scotland) Act 20151and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Human Trafficking and Exploitation (Independent Child Trafficking Guardians) (Scotland) Regulations 2023 and come into force on 1 April 2023.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Human Trafficking and Exploitation (Scotland) Act 2015,

“service provider” means a person with whom the Scottish Ministers have made arrangements for the appointment of independent child trafficking guardians,

“the register” means the register of independent child trafficking guardians established and maintained by the service provider under regulation 3.

(2) Any reference in these Regulations to anything done in writing includes a reference to anything done in electronic form which is—

(a)

(a) sent by electronic means, and

(b)

(b) capable of being reproduced in legible form.

S-3 Register of independent child trafficking guardians

Register of independent child trafficking guardians

3.—(1) These Regulations apply where the Scottish Ministers have made arrangements with a service provider under section 11(1) of the Act.

(2) The service provider must establish a register of independent child trafficking guardians.

(3) A person who is included in the register must comply with any condition of registration as notified in writing to that person by the service provider.

(4) A person who is included in the register—

(a)

(a) must be registered or become registered as fit to provide immigration advice and immigration services by the Office of the Immigration Services Commissioner in terms of sections 84, 85 and schedule 6 the Immigration and Asylum Act 19992, and

(b)

(b) must not be barred from regulated work with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 20073.

(5) The service provider may remove a person from the register if at any point it considers that the person no longer meets, or is no longer able to meet, the requirements for inclusion...

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