Human Trafficking and Exploitation (Scotland) Act 2015 section 38: consultation

This consultation document is about section 38 of the Act, which relates to the duty to notify and provide information about victims.

Section 38 of the Act

This consultation document is about section 38 of the Act, which relates to specified Scottish public authorities providing information to Police Scotland about a person(s) who is, or appears to be, a victim of a section 1 or section 4 offence. Once Police Scotland receive this information they must notify a third party about the person who is, or appears to be, a victim of either a section 1 or 4 offence.

The original policy intent underpinning section 38 of the Act was to allow for the collation and processing of wider information about trafficking activity in Scotland not currently collected through the NRM or the criminal justice system. It was envisioned that this would provide a more accurate picture of the scale and extent of trafficking in Scotland, and enable more effective targeting of enforcement activity and provision of support services.

More specific information about the purpose of section 38 of the Act can be found throughout the consultation document at relevant points.

The consultation document asks for your views on the following:

  • Who should be named in Regulations as a Scottish public authority that will be subject to the duty,
  • What information should be included in notifications,
  • Who Police Scotland should pass information on to, and
  • What other bodies the Scottish Government should work with that cannot be named in Regulations

Data Protection

As the Regulations allow for the sharing of information a draft Data Protection
Impact Assessment has been developed in conjunction with Police Scotland. It accompanies this consultation paper and sets out how data protection principles will be adhered to.

Case Studies

Our stakeholders have provided case studies, which help to illustrate how similar non statutory notification processes are already in place. You may find it useful to refer to the paper that accompanies this consultation paper. This also includes information about the trial implementations of the duty.

Frequently Asked Questions

A document containing a list of frequently asked questions accompanies this consultation paper. Please refer to this document in the first instance if you are unsure of anything or would like to seek more information about our approach. If you would like any further information please contact the human trafficking team by emailing or phone 0131 244 2693.

Giving your views

The following questions are designed to find out your views on section 38 of the Act and to offer you the opportunity to comment on who the Scottish Government believes should be subject to the Duty to Notify.

Following the close of the consultation, the responses will be analysed, considered and taken into account in developing Regulations for section 38 of the Act.



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