# Human Trafficking and Exploitation (Scotland) Act 2015

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# Human Trafficking and Exploitation (Scotland) Act 2015

# 2015 asp 12                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st October 2015 and received Royal Assent                        on 4th November 2015                      

An Act of the Scottish Parliament to make provision about human trafficking and slavery, servitude and forced or compulsory                        labour, including provision about offences and sentencing, provision for victim support and provision to reduce activity related                        to offences.                     

## **PART 1**SOFFENCES

### Human traffickingS

#### 1Offence of human traffickingS

(1)A person commits an offence if the person—                  

(a)takes a relevant action, and                  

(b)does so with a view to another person being exploited.                  

(2)In this Part, “relevant action” means an action which is any of the following—                  

(a)the recruitment of another person,                  

(b)the transportation or transfer of another person,                  

(c)the harbouring or receiving of another person,                  

(d)the exchange or transfer of control over another person, or                  

(e)the arrangement or facilitation of any of the actions mentioned in paragraphs (a) to (d).                  

(3)It is irrelevant whether the other person consents to any part of the relevant action.                  

(4)For the purposes of subsection (1), a person takes a relevant action with a view to another person being exploited only if—                  

(a)the person intends to exploit the other person (in any part of the world) during or after the relevant action, or                  

(b)the person knows or ought to know the other person is likely to be exploited (in any part of the world) during or after the                        relevant action.                  

(5)An offence under this section is to be known as the offence of human trafficking.                  

(6)A person who commits an offence of human trafficking is liable—                  

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or                        both),                  

(b)on conviction on indictment, to imprisonment for life or a fine (or both).                  

#### 2Application of offence to conduct in United Kingdom and elsewhereS

(1)A person mentioned in subsection (2) commits an offence of human trafficking regardless of where the relevant action takes                        place.                  

(2)The persons are—                  

(a)a person who is a UK national,                  

(b)a person who at the time of the offence was habitually resident in Scotland,                  

(c)a body incorporated under the law of a part of the United Kingdom.                  

(3)A person not mentioned in subsection (2) commits an offence of human trafficking if—                  

(a)any part of the relevant action takes place in the United Kingdom, or                  

(b)the relevant action is taken with a view to a person arriving in or entering into, departing from, or travelling within, the                        United Kingdom.                  

#### 3Exploitation for purposes of offence of human traffickingS

(1)For the purposes of section 1, a person is exploited only if one or more of the following subsections apply in relation to                        that person.                  

##### *Slavery, servitude and forced or compulsory labour*

(2The person is the victim of conduct which—                  

(a)involves the commission of an offence under section 4, or                  

(b)would constitute such an offence were it done in Scotland.                  

##### *Prostitution and sexual exploitation*

(3Another person exercises control, direction or influence over prostitution by the person in a way which shows that the other                        person is aiding, abetting or compelling the prostitution.                  

(4)Another person involves the person in the making or production of obscene or indecent material (material is to be construed                        in accordance with section 52(1)(a) of the Civic Government (Scotland) Act 1982 and includes images within the meaning of                        section 51A of that Act).                  

(5)The person is the victim of conduct which—                  

(a)involves the commission of an offence under—                  

(i)sections 1, 2 or 7 to 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (sexual offences),                  

(ii)sections 9 to 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (sexual services of children                        and child pornography),                  

(iii)Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.),                  

(iv)Part 4 of the Sexual Offences (Scotland) Act 2009 (children), or                  

(v)Part 5 of the Sexual Offences (Scotland) Act 2009 (abuse of a position of trust), or                  

(b)would constitute such an offence were it done in Scotland.                  

##### *Removal of organs etc.*

(6The person is encouraged, required or expected to do anything—                  

(a)which involves the commission, by the person or another person, of an offence under Part 1 of the Human Tissue (Scotland)                        Act 2006 (transplantation etc.),                  

(b)in connection with the removal of any part of a human body as a result of which the person or another person would commit                        an offence under the law of Scotland (other than an offence mentioned in paragraph (a)), or                  

(c)which would constitute an offence mentioned in paragraph (a) or (b) were it done in Scotland.                  

##### *Securing services and benefits*

(7The person is subjected to force, threats or deception designed to induce the person—                  

(a)to provide services of any kind,                  

(b)to provide another person with benefits of any kind, or                  

(c)to enable another person to acquire benefits of any kind.                  

(8)Another person uses or attempts to use the person for any purpose within subsection (7)(a), (b) or (c), where—                  

(a)the person is—                  

(i)a child, or                  

(ii)an adult whose ability to refuse to be used for a purpose within subsection (7)(a), (b) or (c) is impaired through mental                        or physical illness, disability, old age or any other reason (a “vulnerable adult”), and                  

(b)a person who is not a child or a vulnerable adult would be likely to refuse to be used for that purpose.                  

### Slavery, servitude and forced or compulsory labourS

#### 4Slavery, servitude and forced or compulsory labourS

(1)A person commits an offence if—                  

(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know                        that the other person is so held, or                  

(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows                        or ought to know that the other person is being required to perform such labour.                  

(2)In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory                        labour are to be construed in accordance with Article 4 of the Human Rights Convention (which prohibits a person from being                        held in slavery or servitude or being required to perform forced or compulsory labour).                  

(3)In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour,                        regard is to be had in particular to any personal circumstances of the person (for example the person being a child, or the                        person's age, or the person's family relationships or health) that may make the person more vulnerable than other persons.                  

(4)The consent of a person to any of the acts alleged to constitute holding the person in slavery or servitude or requiring the                        person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery                        or servitude or required to perform forced or compulsory labour.                  

(5)A person who commits an offence under this section is liable—                  

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or                        both),                  

(b)on conviction on indictment, to imprisonment for life or a fine (or both).                  

(6)In this section “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome                        on 4 November 1950.                  

### Aggravation as to human traffickingS

#### 5General aggravation of offenceS

(1)This subsection applies where it is—                  

(a)libelled in an indictment or specified in a complaint that an offence is aggravated by a connection with human trafficking                        activity, and                  

(b)proved that the offence is so aggravated.                  

(2)An offence is aggravated by a connection with human trafficking activity if the offender is motivated (wholly or partly) by                        the objective of committing or conspiring to commit the offence of human trafficking.                  

(3)It is immaterial whether or not in committing an offence the offender in fact enables the offender or another person to commit                        the offence of human trafficking.                  

(4)Evidence from a single source is sufficient to prove that an offence is aggravated by a connection with human trafficking                        activity.                  

(5)Where subsection (1) applies, the court must—                  

(a)state on conviction that the offence is aggravated by a connection with human trafficking activity,                  

(b)record the conviction in a way that shows that the offence is so aggravated,                  

(c)take the aggravation into account in determining the appropriate sentence, and                  

(d)state—                  

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were                        not so aggravated, the extent of and the reasons for that difference, or                  

(ii)otherwise, the reasons for there being no such difference.                  

#### 6Aggravation involving a childS

(1)This subsection applies where it is—                  

(a)libelled in an indictment or specified in a complaint that the offence of human trafficking is aggravated by being committed                        against a child, and                  

(b)proved that the offence is so aggravated.                  

(2)Evidence from a single source is sufficient to prove that the offence is aggravated by being committed against a child.                  

(3)Where subsection (1) applies, the court must—                  

(a)state on conviction that the offence is aggravated by being committed against a child,                  

(b)record the conviction in a way that shows that the offence is so aggravated,                  

(c)take the aggravation into account in determining the appropriate sentence, and                  

(d)state—                  

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were                        not so aggravated, the extent of and the reason for that difference, or                  

(ii)otherwise, the reasons for there being no difference.                  

#### 7Aggravation involving public officialS

(1)This subsection applies where it is—                  

(a)libelled in an indictment or specified in a complaint that the offence of human trafficking is aggravated by an abuse of a                        public position, and                  

(b)proved that the offence is so aggravated.                  

(2)The offence of human trafficking is aggravated by an abuse of a public position if the offender is, at the time of committing                        the offence—                  

(a)a public official, and                  

(b)acting or purporting to act in the course of official duties.                  

(3)Evidence from a single source is sufficient to prove that the offence is aggravated by an abuse of a public position.                  

(4)Where subsection (1) applies, the court must—                  

(a)state on conviction that the offence is aggravated by an abuse of a public position,                  

(b)record the conviction in a way that shows that the offence is so aggravated,                  

(c)take the aggravation into account in determining the appropriate sentence, and                  

(d)state—                  

(i)where the sentence in respect of the offence is different from that which the court would have imposed if the offence were                        not so aggravated, the extent of and the reasons for that difference, or                  

(ii)otherwise, the reasons for there being no such difference.                  

(5)In this section “a public official” means an individual who (whether in Scotland or elsewhere)—                  

(a)holds a legislative or judicial position of any kind,                  

(b)exercises a public function in an administrative or other capacity, or                  

(c)is an official or agent of an international organisation.                  

(6)For the purpose of subsection (5)(c), “an international organisation” means an organisation whose members are—                  

(a)countries or territories,                  

(b)governments of countries or territories,                  

(c)other international organisations, or                  

(d)a mixture of any of the above.                  

(7)The Scottish Ministers may by regulations modify subsections (5) and (6).                  

## **PART 2**SPROTECTION OF VICTIMS

### Prosecution of victimsS

#### 8Lord Advocate's instructions on prosecution of victims of offencesS

### Support and assistance for adult victimsS

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 10Support and assistance: victims of an offence under section 4S

### Support and assistance for child victimsS

#### 11Independent child trafficking guardiansS

#### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 3**SCONFISCATION OF PROPERTY

### Detention and forfeitureS

#### 13Detention of vehicle, ship or aircraftS

(1)A constable may detain a vehicle, ship or aircraft if—                  

(a)a person has been arrested for an offence of human trafficking, and                  

(b)the constable has reasonable grounds to believe that an order for its forfeiture could be made under section 14 if the person                        arrested were convicted of the offence.                  

(2)The vehicle, ship or aircraft may be detained—                  

(a)until a decision is taken as to whether or not to begin solemn proceedings against the person arrested for the offence, or                  

(b)if solemn proceedings are begun against the person arrested for the offence, until—                  

(i)the person is acquitted,                  

(ii)the person is convicted and the High Court or, as the case may be, the sheriff decides whether or not to order forfeiture                        of the vehicle, ship or aircraft under section 14, or                  

(iii)the proceedings are otherwise concluded.                  

(3)For the purposes of subsection (2)—                  

(a)solemn proceedings begin against a person at the earlier of—                  

(i)the person's first appearance before the sheriff on petition, or                  

(ii)the service on that person of an indictment, and                  

(b)proceedings are taken to be otherwise concluded if—                  

(i)the proceedings are deserted simpliciter,                  

(ii)the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed, or                  

(iii)subsection (4) applies.                  

(4)This subsection applies if—                  

(a)the indictment falls or is for any other reason not brought to trial,                  

(b)the diet is not continued, adjourned or postponed, and                  

(c)no further proceedings are in contemplation.                  

(5)A person may apply to the sheriff for the release of a vehicle, ship or aircraft if that person—                  

(a)owns the vehicle, ship or aircraft,                  

(b)was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement,                        or                  

(c)is a charterer of the ship or aircraft.                  

(6)The sheriff may, if satisfactory security is tendered, release the vehicle, ship or aircraft on condition that it is made                        available if—                  

(a)the person arrested for the offence is convicted, and                  

(b)an order for forfeiture is made under section 14.                  

(7)The sheriff may impose such other conditions as to the release as the sheriff thinks fit.                  

#### 14Forfeiture of vehicle, ship or aircraftS

(1)This section applies if a person is convicted on indictment of the offence of human trafficking.                  

(2)The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the person convicted—                  

(a)owned the vehicle at the time the offence was committed,                  

(b)was at that time a director, secretary or manager of a company which owned the vehicle,                  

(c)was at that time in possession of the vehicle under a hire-purchase agreement,                  

(d)was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase                        agreement, or                  

(e)was driving the vehicle in the course of the commission of the offence.                  

(3)The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the                        person convicted—                  

(a)owned the ship or aircraft at the time the offence was committed,                  

(b)was at that time a director, secretary or manager of a company which owned the ship or aircraft,                  

(c)was at that time in possession of the ship or aircraft under a hire-purchase agreement,                  

(d)was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase                        agreement,                  

(e)was at that time a charterer of the ship or aircraft, or                  

(f)committed the offence while acting as captain of the ship or aircraft.                  

(4)If subsection (3)(a) or (b) does not apply to the person convicted, forfeiture of a ship or aircraft may be ordered only if                        any of the following applies—                  

(a)a person who, at the time the offence was committed, owned the ship or aircraft, or was a director, secretary or manager of                        a company which owned it—                  

(i)knew, or                  

(ii)ought to have known,                  

of the intention to use it in the course of the commission of the offence of human trafficking,

(b)in the case of a ship other than a hovercraft, its gross tonnage is less than 500, or                  

(c)in the case of an aircraft, the maximum weight at which it may take off in accordance with its certificate of airworthiness                        is less than 5,700 kilogrammes.                  

(5)Where a person who claims to have an interest in a vehicle, ship or aircraft applies to the court to make representations                        about its forfeiture, the court may not order its forfeiture unless the person has been given an opportunity to make representations.                  

(6)In this section “the court” means the High Court, or as the case may be, the sheriff.                  

### Proceeds of crimeS

#### 15Proceeds of Crime Act 2002: lifestyle offencesS

In Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland)—

(a)for paragraph 4, substitute—                  

##### 

“4(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc.).                  

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

(3)An offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).                  

(4)An offence to which section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (offences aggravated by connection                           with human trafficking activity) applies.”, and                  

(b)after paragraph 4, insert—                  

##### “4A*“Slavery, servitude and forced or compulsory labour*

An offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or                        compulsory labour).”.                  

## **PART 4**STRAFFICKING AND EXPLOITATION PREVENTION AND RISK ORDERS

### Trafficking and exploitation offencesS

#### 16Relevant trafficking or exploitation offenceS

### Trafficking and exploitation prevention ordersS

#### 17Prevention orders on sentencingS

#### 18Prevention orders on applicationS

#### 19Meaning of relevant offenderS

#### 20Contents of prevention ordersS

#### 21Prohibitions on foreign travelS

#### 22Orders on sentencing: variation, renewal and dischargeS

#### 23Orders on application: variation, renewal and dischargeS

#### 24Interim prevention ordersS

#### 25Appeals: prevention ordersS

### Trafficking and exploitation risk ordersS

#### 26Risk ordersS

#### 27Contents of risk ordersS

#### 28Prohibitions on foreign travelS

#### 29Variation, renewal and discharge of risk ordersS

#### 30Interim risk ordersS

#### 31Appeals: risk ordersS

### Offences and supplementary provisionS

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33Enforcement of other UK ordersS

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 5**SSTRATEGY AND REPORTING

### 35Trafficking and exploitation strategyS

(1)The Scottish Ministers must prepare a trafficking and exploitation strategy.                  

(2)A trafficking and exploitation strategy is a strategy which sets out such actions, arrangements and outcomes as the Scottish                        Ministers consider appropriate in relation to the conduct which constitutes an offence under this Act.                  

(3)The strategy may in particular set out—                  

(a)actions to raise awareness of the conduct which constitutes an offence under this Act,                  

(b)arrangements to facilitate the detection and prevention of that conduct, and                  

(c)support and assistance which is, or is to be, available (whether under section 9, 10 or otherwise) to adults or children who                        are, or appear to be, victims of an offence under this Act.                  

### 36Review and publication of strategyS

(1)The Scottish Ministers must review the strategy prepared under section 35 before the end of the period of 3 years beginning                        with—                  

(a)the date on which the strategy was last published, or                  

(b)if subsequent to that date a report was prepared under subsection (2)(a) but the strategy was not revised under subsection                        (2)(b), the date of the most recent report.                  

(2)Following a review under subsection (1), the Scottish Ministers—                  

(a)must prepare a report on the review, including in particular Ministers' assessment of the extent to which the strategy has                        been complied with, and                  

(b)may revise the strategy.                  

(3)If, following a review, the Scottish Ministers decide not to revise the strategy under subsection (2)(b), the report prepared                        under subsection (2)(a) must set out their reasons for not doing so.                  

(4)Before preparing or reviewing the strategy, the Scottish Ministers must consult such persons as they consider likely to have                        an interest in the strategy.                  

(5)The Scottish Ministers must—                  

(a)publish the strategy within 1 year of section 1 coming into force,                  

(b)publish each revision of the strategy,                  

(c)publish each report prepared under subsection (2)(a), and                  

(d)lay before the Scottish Parliament—                  

(i)a copy of the strategy and each revision of the strategy, and                  

(ii)each report prepared under subsection (2)(a).                  

### 37Duty to co-operate on strategyS

(1)A specified Scottish public authority must—                  

(a)provide such information and assistance to the Scottish Ministers as they may reasonably require, and                  

(b)otherwise co-operate with the Scottish Ministers,                  

in the preparation of the strategy under section 35 and the review of the strategy under section 36.

(2)The Scottish Ministers may by regulations specify a Scottish public authority for the purposes of subsection (1).                  

### 38Duty to notify and provide information about victimsS

(1)A specified Scottish public authority must notify the chief constable of the Police Service of Scotland about a person who                        is, or appears to be, a victim of an offence of human trafficking or an offence under section 4.                  

(2)A notification under subsection (1) relating to an adult must not include information that—                  

(a)identifies the adult, or                  

(b)enables the adult to be identified (either by itself or in combination with other information),                  

unless the adult consents to the inclusion of that information.

(3)The Scottish Ministers may by regulations—                  

(a)specify a Scottish public authority for the purposes of subsection (1),                  

(b)make provision about information to be included in a notification.                  

(4)After receiving a notification under subsection (1), the chief constable of the Police Service of Scotland must notify a person                        who may be specified by regulations made by the Scottish Ministers about the person who is, or appears to be, a victim of                        an offence of human trafficking or an offence under section 4.                  

(5)A notification under subsection (4) relating to an adult must not include information that—                  

(a)identifies the adult, or                  

(b)enables the adult to be identified (either by itself or in combination with other information),                  

unless the adult consents to the inclusion of that information.

(6)Regulations under subsection (4) may make provision about information to be included in a notification.                  

## **PART 6**SFINAL PROVISIONS

### 39Offences by bodies corporate etc.S

(1)Where—                  

(a)an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association,                        and                  

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part                        of—                  

(i)a relevant individual, or                  

(ii)an individual purporting to act in the capacity of a relevant individual,                  

the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits                     the offence and is liable to be proceeded against and punished accordingly.                  

(2)In subsection (1), “relevant individual” means—                  

(a)in relation to a body corporate—                  

(i)a director, manager, secretary or other similar officer of the body,                  

(ii)where the affairs of the body are managed by its members, the members,                  

(b)in relation to a Scottish partnership, a partner,                  

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management                        or control of the association.                  

### 40InterpretationS

In this Act—
          -  “adult” means an individual aged 18 or over,                         
          -  “captain” means master of a ship or commander of an aircraft,                         
          -  “child” means a person under 18 years of age,                         
          -  “ship” includes every description of vessel (including a hovercraft) used in navigation,                         
          -  “UK national” means—                          (a)
a British citizen,
(b)
a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in                                    the United Kingdom, or                                 
(c)
a person who is a British overseas territories citizen by virtue of a connection with Gibraltar,
 
          -  “vehicle” means any vehicle other than a ship or an aircraft.                         

### 41RegulationsS

(1)Any power of the Scottish Ministers to make regulations under this Act includes power to make—                  

(a)different provision for different purposes,                  

(b)incidental, supplementary, consequential, transitional, transitory or saving provision.                  

(2)Regulations under—                  

(a)section 7(7),                  

(b)section 9(2)(b)(i),                  

(c)section 9(8),                  

(d)section 10,                  

(e)section 12(5),                  

(f)section 16(2),                  

(g)section 33(1),                  

(h)section 42(1) which contain provisions that add to, replace or omit any part of the text of an Act,                  

are subject to the affirmative procedure.

(3)All other regulations under this Act are subject to the negative procedure.                  

(4)This section does not apply to regulations under section 45.                  

### 42Ancillary provisionS

(1)The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or                        saving provision as they consider necessary or expedient for the purposes of, or in connection with, any provision made by                        or under this Act.                  

(2)Regulations under subsection (1) may modify any enactment (including this Act).                  

### 43Minor and consequential amendmentsS

The schedule contains minor amendments and amendments consequential on the provisions of this Act.

### 44Crown applicationS

(1)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.                  

(2)But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility                        for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.                  

(3)Despite subsection (1), any provision made by or under the provisions of this Act applies to persons in the public service                        of the Crown as it applies to other persons.                  

### 45CommencementS

(1)This section and sections 40, 41, 42, 44 and 46 come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.                  

(3)Different days may be appointed for different purposes.                  

(4)Regulations under subsection (2) may contain transitional, transitory or saving provision.                  

### 46Short titleS

The short title of this Act is the Human Trafficking and Exploitation (Scotland) Act 2015.

## SCHEDULESMINOR AND CONSEQUENTIAL MODIFICATIONS

 (introduced by section 43)

### Criminal Procedure (Scotland) Act 1995S

1SIn section 271(1)(c) of the Criminal Procedure (Scotland) Act 1995, after sub-paragraph (iii) insert—

“(iiia)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),”.                  

### Criminal Justice (Scotland) Act 2003S

2SSection 22 of the Criminal Justice (Scotland) Act 2003 is repealed.

### Antisocial Behaviour etc. (Scotland) Act 2004S

3SIn section 40A(1) of the Antisocial Behaviour etc. (Scotland) Act 2004—

(a)paragraphs (e) and (h) are repealed,

(b)for paragraph (m) substitute—

“(m)an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or                           compulsory labour),”, and                  

(c)after paragraph (m) insert—

“(n)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).”.                  

### Asylum and Immigration (Treatment of Claimants, etc.) Act 2004S

4SSections 4 and 5 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are repealed.

### Criminal Justice and Licensing (Scotland) Act 2010S

5SSection 47 of the Criminal Justice and Licensing (Scotland) Act 2010 is repealed.

### Victims and Witnesses (Scotland) Act 2014S

6SIn section 8(5) of the Victims and Witnesses (Scotland) Act 2014, after paragraph (c) insert—

“(ca)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),”.