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The Slavery and Human Trafficking (Definition of Victim) Regulations 2022

As Enacted Cited authorities 37 Cited in Related
JurisdictionUK Non-devolved
CitationSI 2022/877
Year2022

2022 No. 877

Modern Slavery

The Slavery and Human Trafficking (Definition of Victim) Regulations 2022

Made 27th July 2022

Coming into force 28th July 2022

The Secretary of State, in exercise of the power conferred by section 69(1) of the Nationality and Borders Act 20221, makes the following Regulations.

A draft of these Regulations has been laid before Parliament and approved by resolution of each House of Parliament in accordance with section 69(2) of that Act.

S-1Citation, commencement, extent and interpretation

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Slavery and Human Trafficking (Definition of Victim) Regulations 2022 and come into force on the day after the day on which they are made.

(2) These Regulations extend to the United Kingdom.

(3) In these Regulations—

“the 2022 Act” means the Nationality and Borders Act 2022;

“adult” means a person aged 18 or over;

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

“slavery”, “servitude” and “forced or compulsory labour” have the same meaning as they have for the purposes of Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom.

S-2Victim of slavery

Victim of slavery

2.—(1) For the purposes of Part 5 of the 2022 Act, “victim of slavery” means a person who has been subjected to slavery, servitude or forced or compulsory labour.

(2) In determining whether a person has been subjected to slavery, servitude or forced or compulsory labour, regard may be had to all the circumstances including—

(a)

(a) any of the person’s personal circumstances (such as the person’s age, the person’s family relationships, and any physical or mental disability or illness) that significantly impair the person’s ability to protect themselves from being subjected to slavery, servitude or forced or compulsory labour;

(b)

(b) any work or services provided by the person.

(3) The consent of a person (whether an adult or a child) to any of the conduct alleged to show that the person has been subjected to slavery, servitude or forced or compulsory labour is not relevant to a determination as to whether the person is a victim of slavery.

S-3Victim of human trafficking

Victim of human trafficking

3.—(1) For the purposes of Part 5 of the 2022 Act, “victim of human trafficking” means a person (“V”) whose travel is arranged or facilitated by another person (“P”)—

(a)

(a) using any of the methods mentioned in paragraph (5), and

(b)

(b) with a view to V being exploited.

(2) P may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.

(3) The consent of V (whether V is an adult or a child) to the travel is not relevant to a determination as to whether V is a victim of human trafficking.

(4) It is irrelevant for the purpose of paragraph (1)(a) whether the person using the method is P or another person.

(5) The methods are—

(a)

(a) in a case where V is an adult at the time the method is used—

(i) the threat or use of force or other coercive behaviour;

(ii) abduction, kidnap or false imprisonment;

(iii) fraud or other deception;

(iv) abuse of power or a position of vulnerability;

(v) the giving of payments or other benefits to achieve the consent of a person who has control over V;

(b)

(b) in a case where V is a child at the time the method is used, any method.

(6) For the purposes of paragraph (1)(b), a person is being exploited if the person is—

(a)

(a) prostituted by another person or otherwise subject to sexual exploitation;

(b)

(b) subjected to slavery or servitude or forced or compulsory labour;

(c)

(c) encouraged, required or expected to—

(i) do anything which involves the commission, by that person or another person, of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and...

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