Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (2023 c. 41)
- Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (2023 c. 41)
- PART 1 The Troubles
- 1 Meaning of “the Troubles” and other key expressions
- PART 2 The Independent Commission for Reconciliation and Information Recovery
- The ICRIR, the Commissioners and ICRIR officers
- 2 The Independent Commission for Reconciliation and Information Recovery
- 3 ICRIR officers
- 4 Actions of the ICRIR: safeguards
- 5 Full disclosure to the ICRIR
- 6 Operational powers of ICRIR officers
- Admissibility of information provided to the ICRIR
- 7 Admissibility of material in criminal proceedings
- 8 Admissibility of material in civil proceedings
- Reviews of deaths and other harmful conduct
- 9 Requests for reviews of deaths
- 10 Requests for reviews of other harmful conduct forming part of the Troubles
- 11 Requests for reviews: general provision
- 12 Reviews in connection with requests for immunity from prosecution
- 13 Conduct of reviews
- 14 Supply of information
- 15 Production of reports on the findings of reviews
- 16 Consultation on reports
- 17 Issuing and publication of reports
- 18 Reports: general provision
- Immunity from prosecution
- 19 Immunity from prosecution
- 20 Requests for immunity: procedural matters
- 21 Determining a request for immunity
- 22 The immunity requests panel
- 23 Personal statements by persons affected by deaths etc
- 24 Publication of personal statements
- Information for prosecutors
- 25 Information for prosecutors
- Grants of immunity: revocation and false statements
- 26 Subsequent convictions: revocation of immunity
- 27 False statements: offence
- The historical record of deaths
- 28 Production of the historical record
- 29 Publication of the historical record
- Information
- 30 Disclosure of information: general power and prohibitions
- 31 The ICRIR’s use of information obtained by it
- 32 Identifying information that is subject to additional safeguards
- 33 Guidance and protocols relating to information
- 34 Regulations about the holding and handling of information
- Biometric material
- 35 Biometric material
- Supplementary
- 36 Review of the performance of the ICRIR’s functions
- 37 Conclusion of the work of the ICRIR
- PART 3 Investigations, legal proceedings etc and release of prisoners
- Criminal investigations and proceedings
- 38 No criminal investigations except through ICRIR reviews
- 39 Grant of immunity: prohibition of criminal enforcement action
- 40 No grant of immunity: restrictions on criminal enforcement action
- 41 Other Troubles-related offences: prohibition of criminal enforcement action
- 42 General provision and saving for ongoing pre-commencement action
- Civil proceedings, inquests and police complaints
- 43 Tort, delict and fatal accident actions
- 44 Inquests, investigations and inquiries
- 45 Police complaints
- Interim custody orders
- 46 Interim custody orders: validity
- 47 Interim custody orders: prohibition of proceedings and compensation
- Release of prisoners
- 48 Prisoner release
- PART 4 Memorialising the Troubles
- 49 Oral history
- 50 The memorialisation strategy
- 51 Response to the memorialisation strategy
- 52 Academic research
- 53 Annual reports
- 54 Carrying out the Troubles-related work programme
- 55 The advisory forum
- 56 Designated persons and funding
- 57 Interpretation of this Part
- PART 5 Final provisions
- 58 Consequential provision
- 59 Regulations
- 60 Interpretation
- 61 Application to the Crown
- 62 Extent
- 63 Commencement
- 64 Short title
- SCHEDULES
- SCHEDULE 1 The ICRIR, the Commissioners and ICRIR officers
- PART 1 The ICRIR
- Status
- Powers
- Regulation and validity of proceedings
- Delegation of functions and their exercise by the Commissioners
- Seal and proof of documents
- Accounts and audit
- PART 2 The Commissioners
- Number of Commissioners
- Appointment
- Person holding public elected position not to be a Commissioner
- Terms of appointment of Commissioners
- Conflicts of interest
- Resignation and removal of Commissioners
- PART 3 The Chief Commissioner
- Delegation of functions
- PART 4 The Commissioner for Investigations
- Delegation of functions
- No limitation on trade union activity
- PART 5 ICRIR officers
- Employed ICRIR officers
- Seconded ICRIR officers
- Persons holding public elected positions not to be ICRIR officers
- Rehabilitation of offenders
- Liability for unlawful conduct
- No limitation on trade union activity
- Meaning of “employed” and “seconded” ICRIR officer
- SCHEDULE 2 Operational powers of ICRIR officers
- Designations and designated ICRIR officers
- Effect of designation
- Exercise of the powers and privileges of a Scottish constable
- Limitations
- Duration of designation
- Evidence of designation
- Territorial restrictions
- Powers exercisable under warrant
- Direction and control of ICRIR officers exercising powers in Scotland
- Modification of references
- Assaulting a designated ICRIR officer
- Resisting, obstructing or impeding a designated ICRIR officer
- Impersonating a designated ICRIR officer
- Regulations
- SCHEDULE 3 Family members
- PART 1 Close family members
- Meaning of “close family member”
- Co-habitee
- Step-child
- Step-parent
- Step-brother or step-sister
- Interpretation
- PART 2 Relevant family members
- Meaning of “relevant family member”
- SCHEDULE 4 Supply of information: enforcement
- PART 1 Failure to comply with a notice
- Penalty for failure to comply
- Notification of penalty decision
- Objection to penalty decision
- Appeals
- Enforcement of penalty
- Giving of notices
- Interpretation
- PART 2 Distortion or suppression of evidence etc
- Distorting evidence etc
- Suppression of evidence etc
- Institution of proceedings
- Penalties
- SCHEDULE 5 No immunity in certain circumstances
- PART 1 Sexual offence, existing conviction or ongoing prosecution
- Application of this Part
- Prohibition of grant of immunity: sexual offences
- Prohibition of grant of immunity: conviction or ongoing prosecution
- Grant of immunity prohibited for all identified possible offences
- Grant of immunity prohibited for some identified possible offences
- PART 2 New request for immunity after revocation of previous grant
- SCHEDULE 6 Permitted disclosures of information
- PART 1 Disclosures that are “permitted”
- Introduction
- Disclosure of any information to the Secretary of State
- Disclosure of sensitive information to certain recipients
- Disclosure of sensitive information notified in advance to the Secretary of State
- Disclosure of protected international information notified in advance to the Secretary of State
- The “relevant decision period”
- PART 2 Decisions to prohibit disclosures of sensitive information in final reports
- Application of this Part
- Affected report to include statement of Secretary of State’s decision
- Initial appeals
- Bringing an initial appeal
- Further appeal against an initial appeal
- Application of the Justice and Security Act 2013
- Interpretation
- SCHEDULE 7 Offences relating to disclosure of information
- Current and former Commissioners, ICRIR officers and ICRIR contractors
- Penalties
- Interpretation
- SCHEDULE 8 Identification of sensitive, prejudicial or protected international information
- PART 1 The ICRIR: identification of sensitive or prejudicial information
- PART 2 Relevant authorities: identification of sensitive or prejudicial information
- Information made available by a relevant authority
- Information made available by other persons
- Notifications under this Schedule
- PART 3 Secretary of State: identification of protected international information
- SCHEDULE 9 Determination of whether the prohibition on civil actions applies
- Actions that contravene a section 43 prohibition
- Right of the Secretary of State to intervene
- Determination by the court
- Appeals etc
- SCHEDULE 10 Civil actions to which the 2008 Mediation Directive applies
- Prohibition on continuing or bringing actions which involved prior cross-border mediation
- Interpretation
- SCHEDULE 11 Investigations, inquests and inquiries in England and Wales and Scotland
- PART 1 England and Wales: investigations and inquests
- Coroners and Justice Act 2009
- Coroners Act 1988
- PART 2 Scotland: inquiries and investigations
- Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
- SCHEDULE 12 Prisoner release
- Amendment and saving of legislation
- Qualifying offences: offences committed between 1966 and 1973
- Offences equivalent to qualifying offences: offences committed between 1966 and 1973
- Interpretation of the 1998 Act
- SCHEDULE 13 Amendments
- PART 1 The ICRIR
- Prosecution of Offences Act 1985
- Northern Ireland Act 1998
- Police (Northern Ireland) Act 1998
- Freedom of Information Act 2000
- Justice (Northern Ireland) Act 2002
- Police Reform Act 2002
- Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007
- Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
- Investigatory Powers Act 2016
- Data Protection Act 2018
- Sentencing Act 2020
- PART 2 Limitation of legal proceedings
- Prescription and Limitation (Scotland) Act 1973
- Limitation Act 1980
- Foreign Limitation Periods Act 1984
- Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)
- Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
- Merchant Shipping Act 1995
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