Part 5: Modern Slavery Section 63: Identified potential victims etc.: disqualification from protection
Overview: This section sets out disqualifications to providing a recovery period to a potential victim of modern slavery (as set out in Section 61), based on grounds that the individual is a threat to public order or has claimed to be a victim in bad faith.
	Background: The Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) contains provisions for an exemption to the protections conferred during the recovery period on public order grounds or if it is found that victim’s status is being claimed improperly. This Section puts these disqualifications into primary legislation.
	Subsection 1 provides that subsection 2 may apply if a competent authority is satisfied that the individual concerned is a threat to public order or has claimed in bad faith to be a victim.
	Subsection 2 provides that the individual is no longer protected from removal from the UK by Section 60 and 61, and that where a positive conclusive grounds decision is made, there is no requirement to consider the individual for a grant of limited leave under Section 65. This is intended to enable the removal of those who pose a threat to the UK. This is in keeping with the UK’s ECAT obligations.
	Subsection 3 stipulates that an individual is considered a threat to public order if: they have been convicted of any of the offences listed in Schedule 4 to the Modern Slavery Act 2015, or a corresponding offence under the law of Scotland or of Northern Ireland or under the law of any other country; they are a foreign criminal within the meaning of section 32 of the UK Borders Act 2007; the individual has been convicted of a terrorist offence; they are subject to a TPIM notice, which imposes specified terrorism prevention and investigation measures on an individual who is, or has been, involved in terrorism-related activity; the individual is subject to a temporary exclusion order, which requires an individual not to return to the UK where the Secretary of State reasonably suspects the individual is, or has been, involved in terrorism-related activity outside the UK, or reasonably considers that an exclusion order is necessary to protect members of the public in the UK from a risk of terrorism; the individual has been deprived of citizenship status on grounds that the Secretary of State was satisfied that deprivation was conducive to the public good; or if they are considered a risk to national security.
	Subsection 4 defines a "terrorist offence" for the purposes of subsection 3(a).
	Subsection 5 defines "corresponding offence" for the purposes of subsection 3(b).
	Subsection 4 defines a "terrorist offence".
	Subsection 6 provides that whether or not an act that is punishable under the law of a country outside of the UK is described as an "offence", it is to be regarded as an offence for the purposes of this section.
	Subsection 7 provides definitions of terms used in this section.