Part 5—Protection of victims
Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.
(3) In section 25(4)(a) (offences where court may direct evidence to be given in private) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.
(4) In section 33(6)(d) (offences where certain witnesses presumed to be under 18) for “section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004” substitute “section 1 or 2 of the Modern Slavery Act 2015”.
47Civil legal aid for victims of slavery
(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (availability of civil legal services) is amended as follows.
(2) In Part 1 (services), after paragraph 32 insert—
- “Victims of slavery, servitude or forced or compulsory labour
- 32A (1) Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—
- (a) there has been a conclusive determination that the individual is a victim of slavery, servitude or forced or compulsory labour, or
- (b) there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.
- (2) Civil legal services provided in relation to a claim under employment law arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
- (a) the services are provided to the individual, or
- (b) the individual has died and the services are provided to the individual’s personal representative.
- (3) Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual who is a victim of slavery, servitude or forced or compulsory labour is such a victim, but only where—
- (a) the services are provided to the individual, or
- (b) the individual has died and the services are provided to the individual’s personal representative.
- Exclusions
- (4) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
- (5) Sub-paragraphs (2) and (3) are subject to—
- (a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and
- (b) the exclusion in Part 3 of this Schedule.
