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Modern Slavery (Transparency in Supply Chains) Bill

A Bill to make further provision for transparency in supply chains in respect of slavery and human trafficking

A

BILL

TO

Make further provision for transparency in supply chains in respect of slavery and human trafficking.

Be 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 Slavery and human trafficking statement: public authorities, etc.

(1) Section 54 of the Modern Slavery Act 2015 (transparency in supply chains) is amended as follows.

(2) In subsection (1)—

(a) for “A commercial organisation within subsection (2)” substitute “Every commercial organisation within subsection (2), and every public authority,” and

(b) after “organisation” insert “or public authority”.

(3) In subsection (4)(b), after “steps” insert “, together with a statement of the reasons why the organisation or authority has taken no such steps”.

(4) In subsection (5), for “An organisation’s slavery and human trafficking statement may include information about” substitute “The slavery and human trafficking statement of an organisation or public authority under subsection (4)(a) must include information about the following matters (and may include information about other matters)”.

(5) After subsection (10) insert —

(10A) The Secretary of State must publish a list of all commercial organisations that are required to publish a statement under this section.

(10B) The list referred to in subsection (10A) must be published in a place and format that is easily accessible and the commercial organisations in the list must be categorised according to sector.”

(6) The Schedule makes consequential amendments to the Modern Slavery Act 2015.

2 Transparency in supply chains: due diligence by contracting authorities

In regulation 57 of the Public Contracts Regulations 2015 (SI 2015/102) (exclusion grounds), after paragraph (2) insert—

(2A) Contracting authorities shall exclude an economic operator from participation in a procurement procedure where they have established, by verifying in accordance with guidance published under section 3 of the Modern Slavery (Transparency in Supply Chains) Act 2017, or are otherwise aware, that that economic operator has not prepared a slavery and human trafficking statement under section 54 of the Modern Slavery Act 2015 (transparency in supply chains etc.) where that section requires it to do so.”

3 Guidance for public bodies

The Secretary of State must publish guidance for contracting authorities on compliance with regulation 57(2A) of the Public Contracts Regulations 2015.

4 Extent, commencement and short title

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

(2) This Act comes into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act may be cited as the Modern Slavery (Transparency in Supply Chains) Act 2017.

SCHEDULE

Section 1

Consequential amendments to section 54 of the Modern Slavery Act 2015

1 Section 54 of the Modern Slavery Act 2015 (transparency in supply chains) is further amended as follows.

2 In subsection (4)(a) after “organisation” insert “or public authority”.

3 In subsection (4)(b) after “organisation” insert “or public authority”.

4 In subsection (5)(a) for “organisation’s structure” substitute “structure of an organisation or public authority”.

5 In subsection (6)(a) after “organisation” insert “or public authority”.

6 In subsection (6)(b) after “organisation” insert “or public authority”.

7 In subsection (6)(c) after “organisation” insert “or public authority”.

8 In subsection (6)(d) after “organisation” insert “or public authority”.

9 In subsection (7) after “organisation” insert “or public authority”.

10 In subsection (8) after “organisation” insert “or public authority”.

11 In subsection (9)(a) after “organisations” insert “and public authorities”.

12 In subsection (10) after “which” insert “must, or ”.



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