Section 54 of the Modern Slavery Act 2015 will require all commercial organisations with a turnover in excess of £36 million per year to publicly state, in each financial year, the action they have taken to ensure that their supply chains are slavery free. For the purposes of Section 54, a commercial organisation's total turnover means the aggregate turnover of that organisation and any of its subsidiary undertakings derived from the provision of goods and services falling within the ordinary activities of the commercial organisation or subsidiary undertaking, after deduction of trade discounts, VAT and other taxes. A slavery and human trafficking statement for a financial year is either: (a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human trafficking is not taking place in: (i) any of its supply chains; or (ii) any part of its own business; or (b) a statement that the organisation has taken no such steps. There is no prescribed form or length for the statement. If the organisation has a website, it must publish the statement on that website and include a link to the statement in a prominent place on the homepage. If the organisation does not have a website, it must provide a copy of the statement to anyone who makes a written request for one within 30 days of receipt of that request. The duties imposed on commercial organisations by Section 54 are enforceable by the Secretary of State bringing civil proceedings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988. It is anticipated that Section 54 will come into force in October 2015. The government has indicated that there will be transitional provisions to allow organisations sufficient time to prepare their statements in accordance with Section 54 where the financial year end of the business is within close proximity to the date that the duty comes into force. For further information please contact Rebecca Robinson on 0114 266 6660 or email [email protected]
The Modern Slavery Act 2015 and its Impact on Large Businesses
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