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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 in Wales

2023 c. 41 · Enacted 18 September 2023 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2024.

An Act to address the legacy of the Northern Ireland Troubles and promote reconciliation by establishing an Independent Commission for Reconciliation and Information Recovery, limiting criminal investigations, legal proceedings, inquests and police complaints, extending the prisoner release scheme in the Northern Ireland (Sentences) Act 1998, and providing for experiences to be recorded and preserved and for events to be studied and memorialised, and to provide for the validity of interim custody orders.

[18th September 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: The Troubles
  2. 1Meaning of “the Troubles” and other key expressions
  3. Part 2: The Independent Commission for Reconciliation and Information Recovery
  4. The ICRIR, the Commissioners and ICRIR officers
  5. 2The Independent Commission for Reconciliation and Information Recovery
  6. 3ICRIR officers
  7. 4Actions of the ICRIR: safeguards
  8. 5Full disclosure to the ICRIR
  9. 6Operational powers of ICRIR officers
  10. Admissibility of information provided to the ICRIR
  11. 7Admissibility of material in criminal proceedings
  12. 8Admissibility of material in civil proceedings Not yet in force
  13. Reviews of deaths and other harmful conduct
  14. 9Requests for reviews of deaths
  15. 10Requests for reviews of other harmful conduct forming part of the Troubles
  16. 11Requests for reviews: general provision
  17. 12Reviews in connection with requests for immunity from prosecution Not yet in force
  18. 13Conduct of reviews
  19. 14Supply of information
  20. 15Production of reports on the findings of reviews
  21. 16Consultation on reports
  22. 17Issuing and publication of reports
  23. 18Reports: general provision
  24. Immunity from prosecution
  25. 19Immunity from prosecution
  26. 20Requests for immunity: procedural matters Not yet in force
  27. 21Determining a request for immunity Not yet in force
  28. 22The immunity requests panel Not yet in force
  29. 23Personal statements by persons affected by deaths etc
  30. 24Publication of personal statements
  31. Information for prosecutors
  32. 25Information for prosecutors
  33. Grants of immunity: revocation and false statements Not yet in force
  34. 26Subsequent convictions: revocation of immunity Not yet in force
  35. 27False statements: offence Not yet in force
  36. The historical record of deaths
  37. 28Production of the historical record
  38. 29Publication of the historical record
  39. Information
  40. 30Disclosure of information: general power and prohibitions
  41. 31The ICRIR’s use of information obtained by it
  42. 32Identifying information that is subject to additional safeguards
  43. 33Guidance and protocols relating to information
  44. 34Regulations about the holding and handling of information
  45. Biometric material
  46. 35Biometric material
  47. Supplementary
  48. 36Review of the performance of the ICRIR’s functions
  49. 37Conclusion of the work of the ICRIR
  50. Part 3: Investigations, legal proceedings etc and release of prisoners
  51. Criminal investigations and proceedings
  52. 38No criminal investigations except through ICRIR reviews
  53. 39Grant of immunity: prohibition of criminal enforcement action
  54. 40No grant of immunity: restrictions on criminal enforcement action
  55. 41Other Troubles-related offences: prohibition of criminal enforcement action
  56. 42General provision and saving for ongoing pre-commencement action
  57. Civil proceedings, inquests and police complaints
  58. 43Tort, delict and fatal accident actions
  59. 44Inquests, investigations and inquiries
  60. 45Police complaints
  61. Interim custody orders
  62. Release of prisoners
  63. 48Prisoner release
  64. Part 4: Memorialising the Troubles
  65. Part 5: Final provisions
  66. 58Consequential provision
  67. 59Regulations
  68. 60Interpretation
  69. 61Application to the Crown
  70. 62Extent
  71. 63Commencement
  72. 64Short title
  73. Schedule 1: The ICRIR, the Commissioners and ICRIR officers
  74. Part 1: The ICRIR
  75. 1Status
  76. 2Powers
  77. 3Regulation and validity of proceedings
  78. 4Delegation of functions and their exercise by the Commissioners
  79. 5Seal and proof of documents
  80. 6Accounts and audit
  81. Part 2: The Commissioners
  82. 7Number of Commissioners
  83. 8Appointment
  84. 9Person holding public elected position not to be a Commissioner
  85. 10Terms of appointment of Commissioners
  86. 11Conflicts of interest
  87. 12Resignation and removal of Commissioners
  88. Part 3: The Chief Commissioner
  89. 13Delegation of functions
  90. Part 4: The Commissioner for Investigations
  91. 14Delegation of functions
  92. 15No limitation on trade union activity
  93. Part 5: ICRIR officers
  94. 16Employed ICRIR officers
  95. 17Seconded ICRIR officers
  96. 18Persons holding public elected positions not to be ICRIR officers
  97. 19Rehabilitation of offenders
  98. 20Liability for unlawful conduct
  99. 21No limitation on trade union activity
  100. 22Meaning of “employed” and “seconded” ICRIR officer
  101. Schedule 2: Operational powers of ICRIR officers
  102. 1Designations and designated ICRIR officers
  103. 2Effect of designation
  104. 3Exercise of the powers and privileges of a Scottish constable
  105. 4Limitations
  106. 5Duration of designation
  107. 6Evidence of designation
  108. 7Territorial restrictions
  109. 8Powers exercisable under warrant
  110. 9Direction and control of ICRIR officers exercising powers in Scotland
  111. 10Modification of references
  112. 11Assaulting a designated ICRIR officer
  113. 12Resisting, obstructing or impeding a designated ICRIR officer
  114. 13Impersonating a designated ICRIR officer
  115. 14Regulations
  116. Schedule 3: Family members
  117. Part 1: Close family members
  118. 1Meaning of “close family member”
  119. 2Co-habitee
  120. 3Step-child
  121. 4Step-parent
  122. 5Step-brother or step-sister
  123. 6Interpretation
  124. Part 2: Relevant family members
  125. 7Meaning of “relevant family member”
  126. Schedule 4: Supply of information: enforcement
  127. Part 1: Failure to comply with a notice
  128. 1Penalty for failure to comply
  129. 2Notification of penalty decision
  130. 3Objection to penalty decision
  131. 4Appeals
  132. 5Enforcement of penalty
  133. 6Giving of notices
  134. 7Interpretation
  135. Part 2: Distortion or suppression of evidence etc
  136. 8Distorting evidence etc
  137. 9Suppression of evidence etc
  138. 10Institution of proceedings
  139. 11Penalties
  140. Schedule 5: No immunity in certain circumstances
  141. Part 1: Sexual offence, existing conviction or ongoing prosecution
  142. 1Application of this Part Not yet in force
  143. 2Prohibition of grant of immunity: sexual offences
  144. 3Prohibition of grant of immunity: conviction or ongoing prosecution
  145. 4Grant of immunity prohibited for all identified possible offences Not yet in force
  146. 5Grant of immunity prohibited for some identified possible offences Not yet in force
  147. Part 2: New request for immunity after revocation of previous grant
  148. 6Paragraph 6 Not yet in force
  149. Schedule 6: Permitted disclosures of information
  150. Part 1: Disclosures that are “permitted”
  151. 1Introduction
  152. 2Disclosure of any information to the Secretary of State
  153. 3Disclosure of sensitive information to certain recipients
  154. 4Disclosure of sensitive information notified in advance to the Secretary of State
  155. 5Disclosure of protected international information notified in advance to the Secretary of State
  156. 6The “relevant decision period”
  157. Part 2: Decisions to prohibit disclosures of sensitive information in final reports
  158. 7Application of this Part
  159. 8Affected report to include statement of Secretary of State’s decision
  160. 9Initial appeals
  161. 10Bringing an initial appeal
  162. 11Further appeal against an initial appeal
  163. 12Application of the Justice and Security Act 2013
  164. 13Interpretation
  165. Schedule 7: Offences relating to disclosure of information
  166. 1Current and former Commissioners, ICRIR officers and ICRIR contractors
  167. 2Penalties
  168. 3Interpretation
  169. Schedule 8: Identification of sensitive, prejudicial or protected international information
  170. Part 1: The ICRIR: identification of sensitive or prejudicial information
  171. 1Paragraph 1
  172. Part 2: Relevant authorities: identification of sensitive or prejudicial information
  173. 2Information made available by a relevant authority
  174. 3Information made available by other persons
  175. 4Notifications under this Schedule
  176. Part 3: Secretary of State: identification of protected international information
  177. 5Paragraph 5
  178. Schedule 9: Determination of whether the prohibition on civil actions applies
  179. 1Actions that contravene a section 43 prohibition
  180. 2Right of the Secretary of State to intervene
  181. 3Determination by the court
  182. 4Appeals etc
  183. Schedule 10: Civil actions to which the 2008 Mediation Directive applies
  184. 1Prohibition on continuing or bringing actions which involved prior cross-border mediation
  185. 2Interpretation
  186. Schedule 11: Investigations, inquests and inquiries in England and Wales and Scotland
  187. Part 1: England and Wales: investigations and inquests
  188. 1Coroners and Justice Act 2009
  189. 2Coroners Act 1988
  190. Part 2: Scotland: inquiries and investigations
  191. 3Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
  192. Schedule 12: Prisoner release
  193. 1Amendment and saving of legislation
  194. 2Qualifying offences: offences committed between 1966 and 1973
  195. 3Offences equivalent to qualifying offences: offences committed between 1966 and 1973
  196. 4Interpretation of the 1998 Act
  197. Schedule 13: Amendments
  198. Part 1: The ICRIR
  199. 1Prosecution of Offences Act 1985
  200. 2Northern Ireland Act 1998
  201. 3Police (Northern Ireland) Act 1998
  202. 4Freedom of Information Act 2000
  203. 5Justice (Northern Ireland) Act 2002
  204. 6Police Reform Act 2002
  205. 7Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007
  206. 8Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
  207. 9Investigatory Powers Act 2016
  208. 10Data Protection Act 2018
  209. 11Sentencing Act 2020
  210. Part 2: Limitation of legal proceedings
  211. 12Prescription and Limitation (Scotland) Act 1973
  212. 13Limitation Act 1980
  213. 14Foreign Limitation Periods Act 1984
  214. 15Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)
  215. 16Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
  216. 17Merchant Shipping Act 1995