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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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. 46Interim custody orders: validity
  63. 47Interim custody orders: prohibition of proceedings and compensation
  64. Release of prisoners
  65. 48Prisoner release
  66. Part 4: Memorialising the Troubles
  67. 49Oral history
  68. 50The memorialisation strategy
  69. 51Response to the memorialisation strategy
  70. 52Academic research
  71. 53Annual reports
  72. 54Carrying out the Troubles-related work programme
  73. 55The advisory forum
  74. 56Designated persons and funding
  75. 57Interpretation of this Part
  76. Part 5: Final provisions
  77. 58Consequential provision
  78. 59Regulations
  79. 60Interpretation
  80. 61Application to the Crown
  81. 62Extent
  82. 63Commencement
  83. 64Short title
  84. Schedule 1: The ICRIR, the Commissioners and ICRIR officers
  85. Part 1: The ICRIR
  86. 1Status
  87. 2Powers
  88. 3Regulation and validity of proceedings
  89. 4Delegation of functions and their exercise by the Commissioners
  90. 5Seal and proof of documents
  91. 6Accounts and audit
  92. Part 2: The Commissioners
  93. 7Number of Commissioners
  94. 8Appointment
  95. 9Person holding public elected position not to be a Commissioner
  96. 10Terms of appointment of Commissioners
  97. 11Conflicts of interest
  98. 12Resignation and removal of Commissioners
  99. Part 3: The Chief Commissioner
  100. 13Delegation of functions
  101. Part 4: The Commissioner for Investigations
  102. 14Delegation of functions
  103. 15No limitation on trade union activity
  104. Part 5: ICRIR officers
  105. 16Employed ICRIR officers
  106. 17Seconded ICRIR officers
  107. 18Persons holding public elected positions not to be ICRIR officers
  108. 19Rehabilitation of offenders
  109. 20Liability for unlawful conduct
  110. 21No limitation on trade union activity
  111. 22Meaning of “employed” and “seconded” ICRIR officer
  112. Schedule 2: Operational powers of ICRIR officers
  113. 1Designations and designated ICRIR officers
  114. 2Effect of designation
  115. 3Exercise of the powers and privileges of a Scottish constable
  116. 4Limitations
  117. 5Duration of designation
  118. 6Evidence of designation
  119. 7Territorial restrictions
  120. 8Powers exercisable under warrant
  121. 9Direction and control of ICRIR officers exercising powers in Scotland
  122. 10Modification of references
  123. 11Assaulting a designated ICRIR officer
  124. 12Resisting, obstructing or impeding a designated ICRIR officer
  125. 13Impersonating a designated ICRIR officer
  126. 14Regulations
  127. Schedule 3: Family members
  128. Part 1: Close family members
  129. 1Meaning of “close family member”
  130. 2Co-habitee
  131. 3Step-child
  132. 4Step-parent
  133. 5Step-brother or step-sister
  134. 6Interpretation
  135. Part 2: Relevant family members
  136. 7Meaning of “relevant family member”
  137. Schedule 4: Supply of information: enforcement
  138. Part 1: Failure to comply with a notice
  139. 1Penalty for failure to comply
  140. 2Notification of penalty decision
  141. 3Objection to penalty decision
  142. 4Appeals
  143. 5Enforcement of penalty
  144. 6Giving of notices
  145. 7Interpretation
  146. Part 2: Distortion or suppression of evidence etc
  147. 8Distorting evidence etc
  148. 9Suppression of evidence etc
  149. 10Institution of proceedings
  150. 11Penalties
  151. Schedule 5: No immunity in certain circumstances
  152. Part 1: Sexual offence, existing conviction or ongoing prosecution
  153. 1Application of this Part Not yet in force
  154. 2Prohibition of grant of immunity: sexual offences
  155. 3Prohibition of grant of immunity: conviction or ongoing prosecution
  156. 4Grant of immunity prohibited for all identified possible offences Not yet in force
  157. 5Grant of immunity prohibited for some identified possible offences Not yet in force
  158. Part 2: New request for immunity after revocation of previous grant
  159. 6Paragraph 6 Not yet in force
  160. Schedule 6: Permitted disclosures of information
  161. Part 1: Disclosures that are “permitted”
  162. 1Introduction
  163. 2Disclosure of any information to the Secretary of State
  164. 3Disclosure of sensitive information to certain recipients
  165. 4Disclosure of sensitive information notified in advance to the Secretary of State
  166. 5Disclosure of protected international information notified in advance to the Secretary of State
  167. 6The “relevant decision period”
  168. Part 2: Decisions to prohibit disclosures of sensitive information in final reports
  169. 7Application of this Part
  170. 8Affected report to include statement of Secretary of State’s decision
  171. 9Initial appeals
  172. 10Bringing an initial appeal
  173. 11Further appeal against an initial appeal
  174. 12Application of the Justice and Security Act 2013
  175. 13Interpretation
  176. Schedule 7: Offences relating to disclosure of information
  177. 1Current and former Commissioners, ICRIR officers and ICRIR contractors
  178. 2Penalties
  179. 3Interpretation
  180. Schedule 8: Identification of sensitive, prejudicial or protected international information
  181. Part 1: The ICRIR: identification of sensitive or prejudicial information
  182. 1Paragraph 1
  183. Part 2: Relevant authorities: identification of sensitive or prejudicial information
  184. 2Information made available by a relevant authority
  185. 3Information made available by other persons
  186. 4Notifications under this Schedule
  187. Part 3: Secretary of State: identification of protected international information
  188. 5Paragraph 5
  189. Schedule 9: Determination of whether the prohibition on civil actions applies
  190. 1Actions that contravene a section 43 prohibition
  191. 2Right of the Secretary of State to intervene
  192. 3Determination by the court
  193. 4Appeals etc
  194. Schedule 10: Civil actions to which the 2008 Mediation Directive applies
  195. 1Prohibition on continuing or bringing actions which involved prior cross-border mediation
  196. 2Interpretation
  197. Schedule 11: Investigations, inquests and inquiries in England and Wales and Scotland
  198. Part 1: England and Wales: investigations and inquests
  199. 1Coroners and Justice Act 2009
  200. 2Coroners Act 1988
  201. Part 2: Scotland: inquiries and investigations
  202. 3Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
  203. Schedule 12: Prisoner release
  204. 1Amendment and saving of legislation
  205. 2Qualifying offences: offences committed between 1966 and 1973
  206. 3Offences equivalent to qualifying offences: offences committed between 1966 and 1973
  207. 4Interpretation of the 1998 Act
  208. Schedule 13: Amendments
  209. Part 1: The ICRIR
  210. 1Prosecution of Offences Act 1985
  211. 2Northern Ireland Act 1998
  212. 3Police (Northern Ireland) Act 1998
  213. 4Freedom of Information Act 2000
  214. 5Justice (Northern Ireland) Act 2002
  215. 6Police Reform Act 2002
  216. 7Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007
  217. 8Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
  218. 9Investigatory Powers Act 2016
  219. 10Data Protection Act 2018
  220. 11Sentencing Act 2020
  221. Part 2: Limitation of legal proceedings
  222. 12Prescription and Limitation (Scotland) Act 1973
  223. 13Limitation Act 1980
  224. 14Foreign Limitation Periods Act 1984
  225. 15Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)
  226. 16Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
  227. 17Merchant Shipping Act 1995