Legislation – Illegal Migration Act 2023

Illegal Migration Act 2023, Section 28 is up to date with all changes known to be in force on or before 08 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 28:

s. 28(12) omitted by S.I. 2024/815 reg. 3(4)

Modern slavery

28Amendments relating to sections 22 to 25

(1)

In section 50A of the Modern Slavery Act 2015 (identified potential victims of slavery or human trafficking: assistance and support) (as inserted by section 64 of the Nationality and Borders Act 2022), after subsection (5) insert—

“(5A)

This section is subject to section 23 of the Illegal Migration Act 2023 (provisions relating to support: England and Wales).”

(2)

The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) is amended in accordance with subsections (3) and (4).

(3)

In section 9 (human trafficking: support and assistance), after subsection (9) insert—

“(10)

This section is subject to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Scotland).”

(4)

In section 10 (slavery etc: support and assistance), after subsection (2) insert—

“(3)

This section is subject to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Scotland).”

(5)

In section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (human trafficking and slavery etc: assistance and support), after subsection (10) insert—

“(10A)

This section is subject to section 25 of the Illegal Migration Act 2023 (provisions relating to support: Northern Ireland).”

(6)

The Nationality and Borders Act 2022 is amended in accordance with subsections (7) to (12).

(7)

In section 61(2) (identified potential victims of slavery or human trafficking: recovery period), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

(8)

In section 62(2) (identified potential victims of slavery or human trafficking: additional recovery period), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

(9)

In section 63 (identified potential victims of slavery or human trafficking: disqualification from protection), after subsection (7) insert—

“(8)

See also section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave).”

(10)

Section 65 (leave to remain for victims of slavery or human trafficking) is amended in accordance with subsections (11) and (12).

(11)

In subsection (3), after “section 63(2)” insert “and section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”.

(12)

After subsection (8) insert—

“(8A)

Section 22 of the Illegal Migration Act 2023 also makes provision about the revocation of leave granted under subsection (2).”