These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
PART 4: THE INDEPENDENT ANTI-SLAVERY COMMISSIONER
Section 40: The Independent Anti-slavery Commissioner
192. Subsection (1) provides for the establishment of an Independent Anti-slavery Commissioner (“the Commissioner”) who will be an independent office holder appointed by the Secretary of State (in practice, the Home Secretary) following consultation with Scottish Ministers and the Department of Justice in Northern Ireland. The Commissioner will have a UK-wide remit. The duration of an appointment and provision for resignation and removal from office will be provided for in the terms of appointment (subsection (2)). Subsection (3) makes provision for the payment of expenses, remuneration or allowances. Subsection (4) provides that the Secretary of State must, before the start of each financial year, set the Commissioner’s budget for that year. The Secretary of State can allow the Commissioner to exceed this budget for a specified purpose. Subsection (5) defines “financial year”. Subsection (6) allows the Commissioner to appoint staff. Subsection (7) has the effect of disqualifying the Commissioner from also being a Member of Parliament and subsection (8) disqualifies the Commissioner from being a member of the Northern Ireland Assembly. Subsection (9) makes the Commissioner subject to the provisions of the Freedom of Information Act 2000.
Section 41: General functions of Commissioner 193. Subsection (1) states that the Commissioner must encourage good practice in the prevention, detection, investigation and prosecution of slavery and human trafficking offences and the identification of victims of those offences. Subsection (2) lists the offences to which subsection (1) applies. These offences include all current slavery and trafficking offences in England, Wales, Scotland and Northern Ireland. In practice the Commissioner will focus on improving the identification of victims as well as the effectiveness of the law enforcement response in the UK, to both encourage effective investigations leading to successful convictions of modern slavery offences and prevent future offences.
194. Subsection (3) sets out a non-exhaustive listn of things the Commissioner may do in exercise of his general functions in subsection (1). In carrying out his general function the Commissioner may make reports to the Secretary of State, the Scottish Ministers and the Department for Justice in Northern Ireland on any matter which they asked the Commissioner to report on or which the current strategic plan states is a matter the Commissioner may report on (see subsections (3)(a) and (5)). Section 42 means that the Commissioner will report on an annual basis based on the strategic plan they agree with the Secretary of State. However, section 41(3) means that the Commissioner could also report at other times, for example if they are undertaking a specific programme of work on a particular topic. The Commissioner may make recommendations to public authorities about the exercise of their functions. The Commissioner may undertake research and may support others to do so. This could be administrative support or financial support, where funds are available. The Commissioner may also provide information, education or training to any person, for example to law enforcement agencies on good practice in investigating modern slavery offences. The Commissioner may also consult any person they feel is appropriate in carrying out their functions and co-operate with or work jointly with others in the UK or internationally. This includes co-operating and consulting with public authorities, such as the Commissioner for Victims and Witnesses, and voluntary organisations.
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