Commentary on provisions of the Act Section 29: Disapplication of modern slavery provisions
This section amends section 63 of the 2022 Act which sets out disqualifications to providing a recovery period to a potential victim of modern slavery based on grounds that the person is a threat to public order or has claimed to be a victim in bad faith.
	Section 63(3) of the 2022 Act sets out categories of person who are considered to be a threat to public order. Subsection (4)(b) adds two further categories to that list, namely: persons liable to deportation from the UK under section 3(5) or (6) of the 1971 Act on grounds of it being conducive to the public good or as a result of deportation of a family member or a recommendation following conviction; and liable to deportation under any other enactment that provides for such deportation.
	Section 29(2) and (3) turns the current discretion that applies to the public order disqualification in section 63(2) of the 2022 Act into a rebuttable presumption so that modern slavery decision making caseworkers must apply section 63(2) unless there are compelling circumstances which mean it should not apply.
	Subsection (4) also ensures that the public order disqualification is capable of applying to any foreign national offender who is convicted of any offence in the UK for which they are sentenced to a period of imprisonment of any length, as opposed to the previous minimum sentence set out in the 2022 Act of 12 months.