Trafficking and Exploitation Strategy 2025: partial business and regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement/compliance

The Strategy does not introduce new legal obligations or statutory compliance measures. Instead, it builds on existing enforcement powers under the Human Trafficking and Exploitation (Scotland) Act 2015 and relevant sections of the UK’s Modern Slavery Act 2015. Responsibility for investigating and prosecuting trafficking offences remains with Police Scotland and the Crown Office and Procurator Fiscal Service. The Scottish Government supports this work through funding and awareness-raising. Compliance is encouraged through education, training, and shared ownership across sectors. Resources such as identification tools, survivor-informed guidance, and referral protocols have been developed to support frontline workers and professionals. Sector-specific materials have also helped organisations understand their role in preventing and responding to exploitation.

Prosecutions continue to be applied through criminal justice routes under existing legislation. Police Scotland lead on investigations, supported by the Crown Office and other partners such as the GLAA and HMRC. Enforcement can include arrest, prosecution, and asset seizure. The legal duty on businesses comes from UK legislation, and this guidance is designed to complement UK Government guidance^[6], and other relevant resources. The guidance outlines that the legal duty only applies directly to larger businesses, but all businesses have an ethical duty to comply.

Should there be revised guidance, further tailored approaches to engagement with business and the impact across different sectors and organisations can be considered.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

This will be under further consideration during the implementation of the Strategy.

International Trade Implications

This will be under further consideration during the implementation of the Strategy.

EU Alignment consideration

The Strategy supports Scotland’s place in anti-human trafficking work. While non-regulatory, the Strategy reflects international expectations for transparency, partnership, and protection of vulnerable groups.

Legal Aid

The Strategy does not introduce new legislation or criminal procedures and is not expected to result in additional legal aid costs. Existing legal aid provision remains in place for individuals involved in criminal or civil proceedings related to trafficking and exploitation, supported through funding provided by Scottish Government. No new impact on the legal aid fund is anticipated as a result of this Strategy.

Digital impact

The Strategy does not introduce new digital services or require online engagement from the public. However, some guidance and resources will continue to be made available online to support organisations, particularly smaller businesses and frontline professionals. These materials will be designed to be accessible, user-friendly, and compliant with digital inclusion standards.

Business forms

This will be under further consideration during the implementation of the Strategy.