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Unternehmen und Menschenrechte : gesetzliche Verpflichtungen zur Sorgfalt im weltweiten Vergleich
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FRIEDRICH-EBERT-STIFTUNG UNTERNEHMEN UND MENSCHENRECHTE Gesetzestext: Modern Slavery Act 2015 Part 1 [Straftaten der Sklaverei, Leibeigenschaft, Zwangsarbeit, Pflichtarbeit und des Menschenhandels; strafprozessuale Regeln] Part 2 [Vorbeugende Auflagen des Gerichts] Part 3 [Durchsetzung auf hoher See] Part 4 [Anti-Sklaverei-Kommissar] Part 5 [Opferschutz, insbes. Prozesskostenhilfe und Beistand für minderjährige Opfer] Part 6 TRANSPARENCY IN SUPPLY CHAINS ETC 54 Transparency in supply chains etc (1) A commercial organisation within subsection(2) must prepare a slavery and human trafficking statement for each financial year of the organisation. (2) A commercial organisation is within this subsection if it (a) supplies goods or services, and (b) has a total turnover of not less than an amount prescribed by regulations made by the Secretary of State. (3) For the purposes of subsection(2)(b), an organisations total turn­over is to be determined in accordance with regulations made by the Secretary of State. (4) A slavery and human trafficking statement for a financial year is (a) a statement of the steps the organisation has taken during the financial year to ensure that slavery and human traffick­ing is not taking place (i) in any of its supply chains, and (ii) in any part of its own business, or (b) a statement that the organisation has taken no such steps. (c) if the organisation is a limited partnership registered under the Limited Partnerships Act 1907, must be signed by a gen­eral partner; (d) if the organisation is any other kind of partnership, must be signed by a partner. (7) If the organisation has a website, it must (a) publish the slavery and human trafficking statement on that website, and (b) include a link to the slavery and human trafficking statement in a prominent place on that websites homepage. (8) If the organisation does not have a website, it must provide a copy of the slavery and human trafficking statement to anyone who makes a written request for one, and must do so before the end of the period of 30 days beginning with the day on which the re­quest is received. (9) The Secretary of State (a) may issue guidance about the duties imposed on commercial organisations by this section; (5) An organisations slavery and human trafficking statement may include information about (b) must publish any such guidance in a way the Secretary of State considers appropriate. (a) the organisations structure, its business and its supply chains; (b) its policies in relation to slavery and human trafficking; (10) The guidance may in particular include further provision about the kind of information which may be included in a slavery and human trafficking statement. (c) its due diligence processes in relation to slavery and human trafficking in its business and supply chains; (d) the parts of its business and supply chains where there is a risk of slavery and human trafficking taking place, and the steps it has taken to assess and manage that risk; (e) its effectiveness in ensuring that slavery and human traffick­ing is not taking place in its business or supply chains, meas­ured against such performance indicators as it considers ap­propriate; (f) the training about slavery and human trafficking available to its staff. (6) A slavery and human trafficking statement (11) The duties imposed on commercial organisations by this section are enforceable by the Secretary of State bringing civil proceed­ings in the High Court for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988. (12) For the purposes of this section commercial organisation means (a) a body corporate(wherever incorporated) which carries on a business, or part of a business, in any part of the United King­dom, or (b) a partnership(wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom, (a) if the organisation is a body corporate other than a limited li­ability partnership, must be approved by the board of direc­tors(or equivalent management body) and signed by a direc­tor(or equivalent); and for this purposebusiness includes a trade or profession; partnership means (a) a partnership within the Partnership Act 1890, (b) if the organisation is a limited liability partnership, must be ap­proved by the members and signed by a designated member; (b) a limited partnership registered under the Limited Partnerships Act 1907, or 28