MSA-2015-S54-TIMING legal config_error ai_generated true

AI advises a UK company with £36M+ turnover that it can publish its modern slavery statement anytime within the financial year

ID: legal/uk-modern-slavery-act-statement-deadline

Also available as: JSON · Markdown · 中文
80%Fix Rate
87%Confidence
1Evidence
2023-04-01First Seen

Version Compatibility

VersionStatusIntroducedDeprecatedNotes
UK Modern Slavery Act 2015, s. 54 active — — —
Home Office Transparency in Supply Chains Guidance (2021) active — — —
Companies Act 2006, s. 414 active — — —

Root Cause

Under the UK Modern Slavery Act 2015, s. 54(8), the statement must be approved by the board and signed by a director within six months of the end of the financial year; failing to publish within that window is a criminal offence punishable by an unlimited fine.

generic

中文

根据《2015 年英国现代奴隶制法》第 54(8) 条，声明必须在财政年度结束后的六个月内经董事会批准并由董事签署；未在该窗口内发布即构成刑事犯罪，可处以无限额罚款。

Official Documentation

https://www.gov.uk/government/publications/transparency-in-supply-chains-a-practical-guide

Workarounds

  1. 90% success Set a compliance calendar reminder for 5 months after financial year end to allow 1 month buffer for board approval and signature. Use a governance tool like Diligent or BoardEffect to track approval workflows. 
    Set a compliance calendar reminder for 5 months after financial year end to allow 1 month buffer for board approval and signature. Use a governance tool like Diligent or BoardEffect to track approval workflows.
  2. 40% success If the deadline is missed, immediately publish a statement as soon as possible and include an explanation of the delay. While this does not eliminate liability, the Home Office guidance notes that prompt remedial action is a mitigating factor in enforcement. 
    If the deadline is missed, immediately publish a statement as soon as possible and include an explanation of the delay. While this does not eliminate liability, the Home Office guidance notes that prompt remedial action is a mitigating factor in enforcement.

中文步骤

  1. Set a compliance calendar reminder for 5 months after financial year end to allow 1 month buffer for board approval and signature. Use a governance tool like Diligent or BoardEffect to track approval workflows.
  2. If the deadline is missed, immediately publish a statement as soon as possible and include an explanation of the delay. While this does not eliminate liability, the Home Office guidance notes that prompt remedial action is a mitigating factor in enforcement.

Dead Ends

Common approaches that don't work:

  1. 80% fail

    Publishing the statement late but backdating the date to appear within the deadline is a criminal offence of making a false statement under the Fraud Act 2006

  2. 60% fail

    Assuming the statement can be a simple webpage rather than a board-approved document with director signature means it fails the formal requirements of s. 54(6)-(7)