Part 5—Protection of victims
(3) Regulations under subsection (2) may in particular make provision about the public authorities who may make such determinations, and the criteria and procedure for doing so.
51Presumption about age
(1) This section applies where—
- (a) a public authority with functions under relevant arrangements has reasonable grounds to believe that a person may be a victim of human trafficking, and
- (b) the authority is not certain of the person’s age but has reasonable grounds to believe that the person may be under 18.
(2) Until an assessment of the person’s age is carried out by a local authority or the person’s age is otherwise determined, the public authority must assume for the purposes of its functions under relevant arrangements that the person is under 18.
(3) “Relevant arrangements” means arrangements for providing assistance and support to persons who are, or who there are reasonable grounds to believe may be, victims of human trafficking, as set out in—
- (a) guidance issued under section 49(1)(b);
- (b) any regulations made under section 50(1).
(4) “Local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act).
52Duty to notify Secretary of State about suspected victims of slavery or human trafficking
(1) If a public authority to which this section applies has reasonable grounds to believe that a person may be a victim of slavery or human trafficking it must notify—
- (a) the Secretary of State, or
- (b) if regulations made by the Secretary of State require it to notify a public authority other than the Secretary of State, that public authority.
(2) The Secretary of State may by regulations make provision about the information to be included in a notification.
(3) Regulations under subsection (2) must provide that a notification relating to a person aged 18 or over may not include information that—
- (a) identifies the person, or
- (b) enables the person to be identified (either by itself or in combination with other information),
unless the person consents to the inclusion of the information.
(4) Regulations under subsection (2)—
- (a) may provide that a public authority which includes information in a notification in accordance with the regulations does not breach any obligation of confidence owed by the public authority in relation to that information;
- (b) may not require or authorise the inclusion of information which contravenes any other restriction on the disclosure of information (however imposed).
