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These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015

slavery victims too, so that (for example) all victims of slavery and trafficking are automatically eligible for special measures

Section 47: Civil legal aid for victims of slavery

228. Currently, victims of trafficking are able to apply for civil legal services for advice and representation in relation to certain immigration matters, damages claims and certain employment claims under paragraph 32 of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Section 47 amends Part 1 of Schedule 1 to LASPO to extend the same provision to victims of slavery, servitude or forced or compulsory labour through inserted paragraph 32A.

Subsection (1) of inserted paragraph 32A extends the provision of civil legal services to an individual for whom there are reasonable grounds to believe, or a conclusive determination that, the individual is a victim of slavery, servitude or forced or compulsory labour and no conclusive determination that the individual is not a victim.

Subsections (2) and (3) of inserted paragraph 32A provide for victims of slavery, servitude or forced or compulsory labour (or their personal representatives where the victims are deceased) to be provided with civil legal services in relation to claims for damages, or under employment law, which arise from the conduct which made them such a victim.

Section 48: Independent child trafficking advocates 229. Subsections (1) and (3) provide the Secretary of State with a duty to make such arrangements as the Secretary of State considers reasonable so that specialist independent child trafficking advocates are available to support and represent children who there are reasonable grounds to believe may be victims of trafficking. These arrangements can include paying for such advocates. This duty is subject to the commencement provision set out in section 61, which provides that the provisions cannot be commenced until 9 months have passed from Royal Assent and resolutions to this effect have been passed by both Houses of Parliament. At the time of enactment independent child trafficking advocates are being trialled. The commencement provision allows the trial to finish and be evaluated, and the Secretary of State to report to Parliament (as required by subsection (7)), before Parliament takes a decision on whether this provision should be commenced.

230. Subsection (2) requires the Secretary of State to have regard to the principle that such advocates should, as far as practicable, be independent of those responsible for making decisions about the child.

231. Subsection (4) places a duty on any person appointed as a child’s independent child trafficking advocate to promote the child’s well-being and act in the child’s best interests.

232. Subsection (5) gives a child’s independent child trafficking advocate the power, where it is appropriate to do so, to assist the child to obtain legal, or other, advice, including (where necessary) to instruct legal representatives to act on the child’s behalf.

233. Subsection (6) places a duty on the Secretary of State to make regulations about independent child trafficking advocates, which must include the circumstances and conditions under which a person may act as an independent child trafficking advocate, arrangements for the approval of the appointment of such advocates, the timing of

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