
1 

(1) These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 1 and Transitory Provisions) Regulations 2016 and come into force on 31st May 2016.
(2) In these Regulations “the Act” means the Human Trafficking and Exploitation (Scotland) Act 2015.
2 

(1) 31st May 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule (the subject matter of which is described in column 2).
(2) If a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1, that provision comes into force for that purpose only.
3 

(1) Paragraph (2) has effect until the end of the period of 3 months beginning on the date on which paragraphs 2, 4 and 5 of the schedule to the Act come into force.
(2) Despite the amendments made by paragraph 3 of that schedule, for the purposes of section 40A(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 an “exploitation offence” continues to include any of the following—
(a) an offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.);
(b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation); and
(c) an offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
23rd February 2016
SCHEDULE
Regulation 2


Column 1Provisions of the Act Column 2Subject matter Column 3Purpose
Part 1 Offences 
Section 8 Lord Advocate’s instructions on prosecution of victims of offences 
Section 9 Support and assistance: victims of offence of human trafficking For the purpose of making regulations under section 9(2)(b)(i) and (8)
Section 10 Support and assistance: victims of an offence under section 4 
Section 11 Independent child trafficking guardians For the purpose of making regulations under section 11(7) and (8)
Section 12 Presumption of age For the purpose of making regulations under section 12(5)
Part 3 Confiscation of property 
Section 32 Offences 
Section 33 Enforcement of other UK orders 
Section 34(1) Interpretation of Part 4 
Section 35 Trafficking and exploitation strategy 
Section 36 Review and publication of strategy 
Section 37 Duty to co-operate on strategy 
Section 38 Duty to notify and provide information about victims For the purpose of making regulations under section 38(3) and (4)
Section 39 Offences by bodies corporate etc. 
Section 43 Minor and consequential amendments 
Schedule, paragraphs 1, 3 and 6 Minor and consequential amendments 