UK scraps reviews, axes EU rule in trafficking regs

Two quiet lines in a statutory instrument can reshape how trafficking cases are handled online. From 6 April 2026, the Home Office will drop the EU ‘Country of Origin’ rule from the trafficking e‑commerce regulations and remove the built‑in five‑year review duty from both relevant 2013 regulations. Officials frame this as a tidy‑up rather than a change to offences or victim protections. (gov.uk)

Here is the change in plain English. The government is removing the requirement to carry out scheduled five‑year reviews of two existing instruments: the Trafficking People for Exploitation Regulations 2013 (S.I. 2013/554) and the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013 (S.I. 2013/817). It is also deleting regulation 4 of the 2013 e‑commerce instrument-the bit that embodied the EU’s internal‑market, ‘Country of Origin’ approach for non‑UK service providers-and regulation 8 (its review clause). (assets.publishing.service.gov.uk)

Key dates help here. The proposal was sent to Parliament’s sift on 24 February 2026 and cleared to be laid as a Negative SI on 13 March 2026. The instrument was then made on 12 March, laid before Parliament on 16 March, and-because it comes into force 21 days after laying-applies from 6 April 2026. The instrument extends to, and applies in, England and Wales. (gov.uk)

Why does the Retained EU Law (Revocation and Reform) Act 2023 matter? Since 1 January 2024, most ‘retained EU law’ became ‘assimilated law’. Section 14(1) of the 2023 Act gives ministers power to revoke bits of secondary assimilated EU law without replacing them, as long as the overall effect does not increase regulatory burden. This trafficking update is an example of that targeted pruning. (legislation.gov.uk)

What was the ‘Country of Origin’ rule-and why remove it now? Under the EU e‑commerce framework, a platform based in, say, Germany could rely on German rules while offering services into the UK, with UK proceedings limited unless certain public‑interest tests were met. Post‑Brexit, UK‑based firms no longer benefit from that principle, so ministers are bringing EEA‑based providers within scope of UK rules for trafficking‑related offences to level the field. The Department for Science, Innovation and Technology also plans to strip the principle from UK law more widely. (publications.parliament.uk)

Who’s affected in practice? If you run or moderate an online service operating in the UK but established in the EEA, you should assume UK trafficking rules apply to you once this takes effect. UK‑based businesses should not see extra duties from this change; the Home Office’s memorandum says the move aligns responsibilities rather than adds new ones, and any monitoring will sit within existing modern slavery workstreams. (assets.publishing.service.gov.uk)

What stays the same? The underlying offences, protections for victims, and the broader framework-such as the Modern Slavery Act 2015-are untouched. The 2013 trafficking regulations still aim to prevent ‘secondary victimisation’ during police investigations, and the e‑commerce instrument continues to set expectations for platforms around trafficking offences; only the review clauses and the EU‑era cross‑border carve‑out are being removed. (assets.publishing.service.gov.uk)

Process check for your civics notes. This was a proposed Negative Statutory Instrument, which meant it went to the Commons and Lords sifting committees first. The sift concluded it could proceed as a Negative SI, so it did not need an affirmative vote to take effect. If you’re teaching delegated legislation, this is a neat case study of scrutiny outside the chamber. (gov.uk)

Quick glossary to support classroom discussion. ‘Assimilated law’ is the post‑Brexit name for most retained EU law in the UK statute book. The ‘Country of Origin’ principle is an EU single‑market rule that let EEA‑based services follow their home state’s rules when operating elsewhere; removing it here brings those providers under UK rules for trafficking‑related proceedings. A ‘Negative SI’ is a regulation that becomes law unless either House objects within a set period. (legislation.gov.uk)