Criminal Law (Sexual Offences and Human Trafficking) Act 2024

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Functions of operational committee

23. (1) The operational committee shall have the following functions:

(a) to reconsider, grant or refuse applications in accordance with section 29 ;

(b) to determine the form and manner in which applications shall be made, including specifying the documents and other supporting information that shall accompany such applications;

(c) subject to this section, to issue guidelines (in this Part referred to as “operational guidelines”) regarding—

(i) the circumstances and procedures relating to applications,

(ii) the indicators associated with human trafficking to which regard shall be had in decisions by—

(I) competent authorities and trusted partners under section 28 ,

(II) the operational committee under section 29 , and

(III) an appeals officer under section 33 ,

(iii) the procedures relating to decisions made by competent authorities and trusted partners in relation to referrals under section 28 and to those referrals,

(iv) specific procedures for the identification and support of child victims of human trafficking and presumed victims of human trafficking who are children, and

(v) the procedures relating to decisions made by the operational committee under section 29 ;

(d) to arrange for the issued operational guidelines to be published on a website maintained by or on behalf of the Minister;

(e) to make recommendations to the Minister or any other Minister of the Government having charge of a Department of State, a competent authority or a trusted partner regarding the provision of services by the Department, competent authority or trusted partner concerned to individual presumed victims of human trafficking and identified victims of human trafficking;

(f) to support the provision of services to presumed victims of human trafficking and identified victims of human trafficking.

(2) The operational committee may, with the consent of the Minister, amend or revoke any operational guidelines, or part thereof, issued by it under this section.

(3) The operational committee shall have all such powers as are necessary or expedient for the performance of its functions under this Part.

(4) Without prejudice to any power conferred by or under any other enactment or rule of law on each of the bodies specified in the definition of “competent authority”, each of such bodies shall have all such powers as are necessary or expedient for the performance of its functions as a competent authority under this Part.