Modern Slavery Act 2015

Commentary on Sections

Part 2:  Prevention Orders

Section 20: Variation, renewal and discharge

84.This section makes provision to enable a person in respect of whom a STPO has been made or the police, NCA, or an immigration officer (where they applied for the original order) to apply to the court which made the order to vary, renew or discharge the order (subsections (1) and (2)). This provision ensures that the order can be modified to reflect changing circumstances, both to ensure that it remains effective to manage the risk posed by activities relating to slavery or trafficking and that the order remains necessary for that purpose.

85.The person in respect of whom the order was made and, where relevant, the police, NCA, or an immigration officer have the right to be heard by the court (subsection (3)). In relation to the imposition of any additional prohibitions, the court must apply the same test as that which it applied when making the order (subsection (4)). An order may not be discharged within five years of it being made without the consent of the person concerned and the relevant chief officer of police (subsection (6)).