Human Trafficking Scotland Act 2015 Commencement Regulations

UK New Legislation

Published March 5th, 2026

Detected March 9th, 2026

Summary

The Scottish Ministers have issued regulations to bring into force Section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015. These regulations, effective February 1, 2027, mandate notifications regarding adult victims of human trafficking who have not consented to enter the National Referral Mechanism.

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What changed

The Scottish Ministers have enacted the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 6) Regulations 2026, which will bring into force Section 38 of the Act on February 1, 2027. This section pertains to the duty to notify and provide information about victims. Specifically, it will apply to notifications concerning adults who are or appear to be victims of human trafficking or slavery, servitude, and forced or compulsory labour, and who have not consented to enter the National Referral Mechanism.

This commencement closes a gap in data collection regarding victims. Regulated entities, particularly government agencies and law enforcement involved in the National Referral Mechanism, will need to ensure their processes are updated to comply with the notification requirements for adult victims who do not consent to referral. The effective date for compliance is February 1, 2027.

What to do next

Update procedures to include mandatory notifications for adult victims of human trafficking who do not consent to the National Referral Mechanism.
Ensure relevant personnel are trained on the requirements of Section 38 of the Act.
Prepare to implement these notification duties by the effective date of February 1, 2027.

Source document (simplified)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2026 No. 129 (C. 16)

CRIMINAL LAW

The Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 6) Regulations 2026

Made

5th March 2026

Laid before the Scottish Parliament

9th March 2026

Coming into force

1st February 2027

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 45(2) and (3) of the Human Trafficking and Exploitation (Scotland) Act 2015(1).

Citation, commencement and interpretation

—(1) These Regulations may be cited as the Human Trafficking and Exploitation (Scotland) Act 2015 (Commencement No. 6) Regulations 2026 and come into force on 1 February 2027.

(2) In these Regulations—

“ the Act ” means the Human Trafficking and Exploitation (Scotland) Act 2015,

“ competent authority ” has the same meaning as specified in section 9(7) of the Act,

“ National Referral Mechanism ” means the process by which a competent authority determines whether there are reasonable grounds to believe that a person is a victim,

“ offence of human trafficking ” has the same meaning as specified in section 1 of the Act,

“ offence of slavery, servitude and forced or compulsory labour ” has the same meaning as specified in section 4 of the Act,

“ victim ” means a victim of the offence of human trafficking or the offence of slavery, servitude and forced or compulsory labour.

Appointed Day

—(1) For the purpose defined in paragraph (2), 1 February 2027 is the day appointed for the coming into force of section 38 (duty to notify and provide information about victims) of the Act, in so far as it is not already in force.

(2) The purpose is giving notifications under section 38(1) and (4) of the Act in relation to adults who are or who appear to be victims, and who have not consented to enter the National Referral Mechanism.

SIOBHIAN BROWN

Authorised to sign by the Scottish Ministers

St Andrew's House

Edinburgh

5th March 2026

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force on 1 February 2027 (so far as not already in force) section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 (“ the Act ”) for the purpose of making notifications in relation to adults who have not consented to enter the National Referral Mechanism (as defined in regulation 1(2)). Notifications under section 38 will be a key source of statistical information about victims of the offences of human trafficking and slavery, servitude and forced or compulsory labour. Such information is already available from the National Referral Mechanism in respect of children, since children are automatically referred to the National Referral Mechanism, and in respect of adults who consent to be referred to the National Referral Mechanism. Commencement of section 38 in respect of adults who have not agreed to be referred will therefore close a gap in the information that is available.

The Bill for the Act received Royal Assent on 4 November 2015. Section 45(1) brought into force sections 40, 41, 42, 44, 45 and 46 on the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Act have been brought into force by commencement regulations made before the date of these Regulations.

| Provision | Date of Commencement | S.S.I. No. |
| --- | --- | --- |
| Part 1 | 31 May 2016 | S.S.I. 2016/128 |
| Sections 1 to 8 | 31 May 2016 | S.S.I. 2016/128 |
| Section 9 (partially) | 31 May 2016 | S.S.I. 2016/128 |
| Section 9 (fully) | 1 April 2018 | S.S.I. 2018/9 |
| Section 10 | 31 May 2016 | S.S.I. 2016/128 |
| Section 11 (partially) | 31 May 2016 | S.S.I. 2016/128 |
| Section 11 (fully) | 1 April 2023 | S.S.I. 2023/17 |
| Section 12 (partially) | 31 May 2016 | S.S.I. 2016/128 |
| Section 12 (fully) | 31 January 2018 | S.S.I. 2018/9 |
| Sections 13 to 15 | 31 May 2016 | S.S.I. 2016/128 |
| Section 16 | 29 June 2017 | S.S.I. 2017/140 |
| Sections 17 to 25 | 30 June 2017 | S.S.I. 2017/140 |
| Section 26 to 31 | 31 October 2017 | S.S.I. 2017/140 |
| Sections 32 and 33 | 31 May 2016 | S.S.I. 2016/128 |
| Section 34(1) | 31 May 2016 | S.S.I. 2016/128 |
| Section 34(2) to (6) | 30 June 2017 | S.S.I. 2017/140 |
| Sections 35 to 37 | 31 May 2016 | S.S.I. 2016/128 |
| Section 38 (partially) | 31 May 2016 | S.S.I. 2016/128 |
| Section 39 | 31 May 2016 | S.S.I. 2016/128 |
| Section 43 | 31 May 2016 | S.S.I. 2016/128 |
| Schedule, paragraphs 1, 3 and 6 | 31 May 2016 | S.S.I. 2016/128 |
| Schedule, paragraphs 2, 4 and 5 | 17 December 2016 | S.S.I. 2016/385 |
(1) 2015 asp 12.