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[As Introduced]

A

bill

to

Prohibit the falsification of slavery and human trafficking statements; to establish minimum standards of transparency in supply chains in relation to modern slavery and human trafficking; to prohibit companies using supply chains which fail to demonstrate minimum standards of transparency; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Amendments to the Modern Slavery Act 2015

(1)

The Modern Slavery Act 2015 is amended as follows.

(2)

In section 41 (general functions of Commissioner)— 

(a)

in subsection (3), after paragraph (f) insert—


“(g)

issuing a formal warning to a commercial organisation
which fails to meet the requirements of disclosure and
transparency.”

(b)

after subsection (5) insert—


“(5A)

In subsection (3)(g) “the requirements of disclosure and
transparency” are that the commercial organisation must—


(a)

publish and verify information about the country of
origin of sourcing inputs in its supply chain,


(b)

arrange for credible external inspections, external audits,
and unannounced external spot-checks, and


(c)

report on the use of employment agents acting on behalf
of an overseas government.”

(3)

After section 54 (transparency in supply chains etc) insert—


“54ZA
False information in relation to slavery and human trafficking
statements


(1)

A person who is responsible for a slavery and human trafficking
statement commits an offence if information in the statement is false
or incomplete in a material particular, and the person either knows it
is or is reckless as to whether it is.


(2)

A person is responsible for a slavery and human trafficking statement
of a commercial organisation if the person is—


(a)

a director (or equivalent) of the organisation if it is a body
corporate other than a limited liability partnership;


(b)

a member of the organisation if it is a limited liability
partnership;


(c)

a partner of the organisation if it is any other kind of
partnership.


(3)

A person is not guilty of an offence under subsection (1) if the person—


(a)

takes all reasonable steps to ensure that the slavery and human
trafficking statement is corrected, and


(b)

informs the Independent Anti-slavery Commissioner as soon
as practicable after becoming aware that it contains information
that is false or incomplete in a material particular.  


(4)

A person guilty of an offence under this section is liable— 


(a)

on conviction on indictment, to imprisonment for a term not
exceeding 2 years, to a fine amounting to 4% of global turnover
of their commercial organisation, to a maximum of £20 million,
or to both; 


(b)

on summary conviction in England and Wales, to imprisonment
for a term not exceeding 12 months, to a fine, or both; 


(c)

on summary conviction in Scotland, to imprisonment for a
term not exceeding 12 months, to a fine not exceeding the
statutory maximum, or both;


(d)

on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 6 months, to a fine not exceeding the
statutory maximum, or both.


54ZB
Minimum standards of disclosure and transparency


(1)

A commercial organisation commits an offence if it continues to source
from suppliers or sub-suppliers which fail to demonstrate minimum
standards of transparency after having been issued a formal warning
by the Independent Anti-slavery Commissioner under section 41(3)(g).


(2)

A person guilty of an offence under this section is liable—


(a)

on conviction on indictment to a fine amounting to 4% of global
turnover of their commercial organisation, to a maximum of
£20 million; 


(b)

on summary conviction in England and Wales to a fine; 


(c)

on summary conviction in Scotland to a fine not exceeding the
statutory maximum;


(d)

on summary conviction in Northern Ireland to a fine not
exceeding the statutory maximum.”

2 Extent, commencement and short title

(1)

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)

This section comes into force on the day on which this Act is passed.

(3)

The remaining provisions of this Act come into force at the end of the period
of two months beginning with the day on which this Act is passed.

(4)

This Act may be cited as the Modern Slavery (Amendment) Act 2021.

Modern Slavery (Amendment) Bill [HL]
[As Introduced]

A

bill

to

Prohibit the falsification of slavery and human trafficking statements; to establish minimum standards of transparency in supply chains in relation to modern slavery and human trafficking; to prohibit companies using supply chains which fail to demonstrate minimum standards of transparency; and for connected purposes.

Lord Alton of Liverpool

Ordered to be Printed, .

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