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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Section 32

SCHEDULE 8Identification of sensitive, prejudicial or protected international information

This Atodlen has no associated Nodiadau Esboniadol

PART 1The ICRIR: identification of sensitive or prejudicial information

1(1)The Commissioner for Investigations must, from time to time, identify any information held by the ICRIR which (in that Commissioner’s opinion) is—

(a)sensitive information, or

(b)prejudicial information.

(2)That duty does not require the Commissioner for Investigations to identify information as sensitive information, or as prejudicial information, if (in accordance with paragraph 2 or 3) a relevant authority has notified the Commissioner for Investigations that that authority has identified the information as that kind of information.

PART 2Relevant authorities: identification of sensitive or prejudicial information

Information made available by a relevant authority

2(1)This paragraph applies if a relevant authority is proposing to make any information available to the ICRIR (whether in accordance with section 5 or otherwise).

(2)The relevant authority must identify any of the information which, in the relevant authority’s opinion, is—

(a)sensitive information, or

(b)prejudicial information.

(3)When making the information available to the ICRIR, the relevant authority must notify the Commissioner for Investigations of any of the information which the relevant authority has identified in accordance with this paragraph.

Information made available by other persons

3(1)This paragraph applies if a person other than a relevant authority—

(a)is proposing to make any information available to the ICRIR, or

(b)has made any information available to the ICRIR.

(2)A relevant authority may identify any of the information which (in the relevant authority’s opinion) is—

(a)sensitive information, or

(b)prejudicial information.

(3)The relevant authority must notify the Commissioner for Investigations of any of the information which that relevant authority has identified in accordance with this paragraph.

Notifications under this Schedule

4A notification of information under paragraph 2 or 3 must include a statement of whether, in the relevant authority’s opinion, the information would, if disclosed generally, be—

(a)sensitive information,

(b)prejudicial information, or

(c)information of both of those kinds.

PART 3Secretary of State: identification of protected international information

5The Secretary of State may notify the Commissioner for Investigations of—

(a)any information held by the ICRIR, or

(b)any information which any person is proposing to make available to the ICRIR,

which, in the Secretary of State’s opinion, is protected international information.

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