The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016

UK Statutory Instrument 2016 No. 1031 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 27 October 2016
In force from: 17 December 2016
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: Scotland Act 1998, Scotland Criminal Law The Human Trafficking and Exploitation (Scotland) Act 2015

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision in consequence of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (“the 2015 Act”). Article 2 confers on immigration officers not below the rank of chief immigration officer a power to detain vehicles, ships or aircraft where a person has been arrested for the offence of human trafficking under section 1 of the 2015 Act. The power will be available if that officer has reasonable grounds to believe that the property in question may be subject to forfeiture under section 14 of that Act if the arrested person were convicted. This mirrors a power already conferred on constables in Scotland by section 13 of that Act. Property detained under this article may be held until solemn proceedings against the arrested person are concluded or a decision is taken not to begin solemn proceedings against that person. Any person who owns or possesses under a hire-purchase agreement a detained vehicle ship or aircraft, or who is charterer of a detained ship or aircraft, may apply for release of the relevant property. Article 3 and the Schedule make consequential modifications to primary legislation in consequence of the creation of two new Scottish statutory offences of human trafficking (section 1 of the 2015 Act) and slavery, servitude and forced or compulsory labour (section 4 of the 2015 Act) and the repeal of existing offences in section 22 of the Criminal Justice (Scotland) Act 2003, section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and the Criminal Justice and Licensing (Scotland) Act 2010. Article 4 makes saving and transitional provisions in relation to certain consequential modifications in the Schedule.

Offences created by this instrument

Immigration Act 1971 1 In section 25C(9)(b), (10)(b) and (11) of the Immigration Act 1971 (forfeiture of vehicle, ship… SCHEDULE · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential provisions and modifications) Order 2016 Commons · General Committees · 13 September 2016 · The Deputy Leader of the House of Commons (Michael Ellis)
I beg to move, That the Committee has considered the draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016. May I say what a pleasure it is to serve under your chairmanship, Mr McCabe? The draft order was laid before the House on 11 July 2016. If it pleases the Committee, I will briefly put the order in context before setting out what it does. I think that it will be highly uncontroversial, given that there is unlikely to be much air between the parties on the matter, but it is important. The order is made under section 104 of…
Draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential provisions and modifications) Order 2016 Commons · General Committees · 13 September 2016
Draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential provisions and modifications) Order 2016 Commons · General Committees · 13 September 2016
Draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016
Business without Debate Commons · Commons Chamber · 14 September 2016
That the draft Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016, which was laid before this House on 11 July, be approved. —(David Mundell.)
Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 Lords · Grand Committee · 18 October 2016 · Lord Dunlop
That the Grand Committee do consider the Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016
Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 Lords · Grand Committee · 18 October 2016
Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 Lords · Lords Chamber · 26 October 2016

How Parliament handled it

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