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PART 2U.K.The Independent Commission for Reconciliation and Information Recovery

Reviews of deaths and other harmful conductU.K.

16Consultation on reportsU.K.

(1)In the case of a review of a death or of other harmful conduct carried out following a request made under section 9 or 10, the Chief Commissioner must, before producing the final report—

(a)give a draft of the report to the person who requested the review; and

(b)allow the person to make representations about the report during the applicable response period.

(2)In the case of a review of a death carried out following a request made under section 9 or following a decision made by the ICRIR under section 12(2), the Chief Commissioner must, before producing the final report—

(a)give a draft of the report to—

(i)any relevant family members of the person to whose death the review relates,

(ii)any relevant family members of any other persons killed in the relevant event, and

(iii)any person who suffered serious physical or mental harm in the relevant event or, where such a person has subsequently died, any relevant family members of the person, and

(b)allow those persons to make representations about the report during the applicable response period.

(3)In the case of a review of other harmful conduct carried out following a request made under section 10 or following a decision made by the ICRIR under section 12(3), the Chief Commissioner must, before producing the final report—

(a)give a draft of the report to—

(i)any relevant family members of any persons killed in the relevant event, and

(ii)any person who suffered serious physical or mental harm in the relevant event or, where such a person has subsequently died, any relevant family members of the person, and

(b)allow those persons to make representations about the report during the applicable response period.

(4)In the case of any review, if it is proposed to include in the final report material criticising an individual, the Chief Commissioner must, before producing the report—

(a)give a copy of that material to the individual; and

(b)allow the individual to make representations about that material during the applicable response period.

(5)In the case of any review, if it is proposed to include in the final report material criticising a public authority, the Chief Commissioner must, before producing the report—

(a)give a copy of that material to the public authority or to a person who, in the Chief Commissioner’s view, currently has responsibility for the public authority; and

(b)allow that public authority or person to make representations about that material during the applicable response period.

(6)The Chief Commissioner must not produce the final report until after—

(a)any applicable response period has ended, or

(b)all of the applicable response periods have ended (where two or more persons are consulted and those periods end on different days).

(7)If the Chief Commissioner considers that it would not be in the public interest for material included in a draft of the report to appear in the final report, the Chief Commissioner may exclude that material from the final report.

(8)The Chief Commissioner must take account of any representations made by a person in accordance with the consultation provisions when the Chief Commissioner is deciding under subsection (7) whether to exclude any material.

(9)If the Chief Commissioner has consulted a person, this section does not require the Chief Commissioner to give that person a draft of any revised version of the final report or any material included in it.

(10)If this section requires the Chief Commissioner to give a draft of the final report to two or more persons, this section does not require the Chief Commissioner to give the same draft to all of those persons.

(11)In this section—

Commencement Information

I1S. 16 not in force at Royal Assent, see s. 63(4)

I2S. 16 in force at 1.5.2024 by S.I. 2024/584, reg. 2(l) (with regs. 3, 4)