Nationality and Borders Act 2022 (Part 5 – Modern Slavery)
Last amended by Sentencing Act 2026 in 2026. 2 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Part 5 reforms the National Referral Mechanism for identifying victims of modern slavery. Introduces a statutory reasonable and conclusive grounds decision framework, raises the standard of proof for reasonable grounds decisions, and introduces disqualification from protection for those who are a threat to public order.
Key Points
- Statutory NRM framework
- Public order disqualification from trafficking victim protections
- Temporary leave to remain for confirmed victims cooperating with investigations
Parts & Sections
Amendments History
2022 — Nationality and Borders Act 2022
36 recorded amendment effects (legislation.gov.uk changes data).
2022 — The Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023
21 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2023 — Illegal Migration Act 2023
19 recorded amendment effects (legislation.gov.uk changes data).
2022 — The Nationality and Borders Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023
15 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2026 — Sentencing Act 2026
2 recorded amendment effects (legislation.gov.uk changes data).
Frequently asked questions
- What changes does Part 5 of the Nationality and Borders Act 2022 make to the National Referral Mechanism?
- Part 5 of the Nationality and Borders Act 2022 reforms the National Referral Mechanism (NRM) used to identify victims of modern slavery. It introduces a statutory framework for making reasonable and conclusive grounds decisions. The Act also raises the standard of proof required for reasonable grounds decisions and introduces disqualification from protection for individuals considered a threat to public order.
- How does the Act change the process for determining if someone is a victim of modern slavery?
- The Act provides a statutory basis for the reasonable grounds and conclusive grounds decisions within the National Referral Mechanism. It specifically raises the standard of proof required for reasonable grounds decisions. Additionally, it introduces a provision that disqualifies individuals from trafficking victim protections if they are deemed to be a threat to public order.
- Can a victim of modern slavery be denied protection under the new rules?
- Yes, the Act introduces a disqualification from protection for those who are a threat to public order. This means that even if an individual is identified as a potential victim of modern slavery, they may be excluded from certain protections if they are considered to pose a threat to public order.
- What support is available for victims who cooperate with investigations?
- The Act provides for temporary leave to remain for confirmed victims of modern slavery who are cooperating with investigations. This is part of the broader reforms to the National Referral Mechanism aimed at supporting victims while ensuring they assist in the investigation of their exploitation.
- Has the Nationality and Borders Act 2022 been amended by other legislation?
- The Nationality and Borders Act 2022 has been amended by several subsequent pieces of legislation. These include the Illegal Migration Act 2023, the Sentencing Act 2026, and various commencement regulations from 2023. These amendments have recorded effects on the original Act, reflecting changes to its implementation and provisions.