Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

34 Regulations about the holding and handling of information

(1) The Secretary of State may, by regulations, make provision about the holding and handling of information by the ICRIR.

(2) The regulations may (in particular)—

(a) make provision about notifications to be given by the ICRIR in respect of information held by the ICRIR;

(b) make provision about measures for holding and handling information securely (including physical, electronic, organisational or systemic measures);

(c) in relation to information which is to cease to be held by the ICRIR, make provision about the destruction or transfer of the information;

(d) make provision about guidance or consultation;

(e) confer functions on the Secretary of State or any other person (as well as on the ICRIR);

(f) create criminal offences.

(3) The information about which the regulations may make provision includes information which (in accordance with Schedule 8)—

(a) the Commissioner for Investigations has identified as prejudicial information or sensitive information,

(b) a relevant authority has identified as, and notified the Commissioner for Investigations as being, prejudicial information or sensitive information, or

(c) the Secretary of State has identified as, and notified the Commissioner for Investigations as being, protected international information.

(4) A criminal offence created under subsection (2)(f)—

(a) may only apply to the conduct of a person who is or has been—

(i) a Commissioner,

(ii) an ICRIR officer, or

(iii) an ICRIR contractor;

(b) may not impose a penalty that is greater than a penalty that may be imposed for an offence under Schedule 7.

(5) Regulations under this section are subject to negative procedure.