Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

1. Introductory Text

2. PART 1 The Troubles

   1. 1. Meaning of “the Troubles” and other key expressions

3. PART 2 The Independent Commission for Reconciliation and Information Recovery

   1. The ICRIR, the Commissioners and ICRIR officers

      1. 2. The Independent Commission for Reconciliation and Information Recovery

      2. 3. ICRIR officers

      3. 4. Actions of the ICRIR: safeguards

      4. 5. Full disclosure to the ICRIR

      5. 6. Operational powers of ICRIR officers

   2. Admissibility of information provided to the ICRIR

      1. 7. Admissibility of material in criminal proceedings

      2. 8. Admissibility of material in civil proceedings

   3. Reviews of deaths and other harmful conduct

      1. 9. Requests for reviews of deaths

      2. 10. Requests for reviews of other harmful conduct forming part of the Troubles

      3. 11. Requests for reviews: general provision

      4. 12. Reviews in connection with requests for immunity from prosecution

      5. 13. Conduct of reviews

      6. 14. Supply of information

      7. 15. Production of reports on the findings of reviews

      8. 16. Consultation on reports

      9. 17. Issuing and publication of reports

      10. 18. Reports: general provision

   4. Immunity from prosecution

      1. 19. Immunity from prosecution

      2. 20. Requests for immunity: procedural matters

      3. 21. Determining a request for immunity

      4. 22. The immunity requests panel

      5. 23. Personal statements by persons affected by deaths etc

      6. 24. Publication of personal statements

   5. Information for prosecutors

      1. 25. Information for prosecutors

   6. Grants of immunity: revocation and false statements

      1. 26. Subsequent convictions: revocation of immunity

      2. 27. False statements: offence

   7. The historical record of deaths

      1. 28. Production of the historical record

      2. 29. Publication of the historical record

   8. Information

      1. 30. Disclosure of information: general power and prohibitions

      2. 31. The ICRIR’s use of information obtained by it

      3. 32. Identifying information that is subject to additional safeguards

      4. 33. Guidance and protocols relating to information

      5. 34. Regulations about the holding and handling of information

   9. Biometric material

      1. 35. Biometric material

   10. Supplementary

       1. 36. Review of the performance of the ICRIR’s functions

       2. 37. Conclusion of the work of the ICRIR

4. PART 3 Investigations, legal proceedings etc and release of prisoners

   1. Criminal investigations and proceedings

      1. 38. No criminal investigations except through ICRIR reviews

      2. 39. Grant of immunity: prohibition of criminal enforcement action

      3. 40. No grant of immunity: restrictions on criminal enforcement action

      4. 41. Other Troubles-related offences: prohibition of criminal enforcement action

      5. 42. General provision and saving for ongoing pre-commencement action

   2. Civil proceedings, inquests and police complaints

      1. 43. Tort, delict and fatal accident actions

      2. 44. Inquests, investigations and inquiries

      3. 45. Police complaints

   3. Interim custody orders

      1. 46. Interim custody orders: validity

      2. 47. Interim custody orders: prohibition of proceedings and compensation

   4. Release of prisoners

      1. 48. Prisoner release

5. PART 4 Memorialising the Troubles

   1. 49. Oral history

   2. 50. The memorialisation strategy

   3. 51. Response to the memorialisation strategy

   4. 52. Academic research

   5. 53. Annual reports

   6. 54. Carrying out the Troubles-related work programme

   7. 55. The advisory forum

   8. 56. Designated persons and funding

   9. 57. Interpretation of this Part

6. PART 5 Final provisions

   1. 58. Consequential provision

   2. 59. Regulations

   3. 60. Interpretation

   4. 61. Application to the Crown

   5. 62. Extent

   6. 63. Commencement

   7. 64. Short title

7. SCHEDULES

   1. SCHEDULE 1

      The ICRIR, the Commissioners and ICRIR officers

      1. PART 1 The ICRIR

         1. 1. Status

         2. 2. Powers

         3. 3. Regulation and validity of proceedings

         4. 4. Delegation of functions and their exercise by the Commissioners

         5. 5. Seal and proof of documents

         6. 6. Accounts and audit

      2. PART 2 The Commissioners

         1. 7. Number of Commissioners

         2. 8. Appointment

         3. 9. Person holding public elected position not to be a Commissioner

         4. 10. Terms of appointment of Commissioners

         5. 11. Conflicts of interest

         6. 12. Resignation and removal of Commissioners

      3. PART 3 The Chief Commissioner

         1. 13. Delegation of functions

      4. PART 4 The Commissioner for Investigations

         1. 14. Delegation of functions

         2. 15. No limitation on trade union activity

      5. PART 5 ICRIR officers

         1. 16. Employed ICRIR officers

         2. 17. Seconded ICRIR officers

         3. 18. Persons holding public elected positions not to be ICRIR officers

         4. 19. Rehabilitation of offenders

         5. 20. Liability for unlawful conduct

         6. 21. No limitation on trade union activity

         7. 22. Meaning of “employed” and “seconded” ICRIR officer

   2. SCHEDULE 2

      Operational powers of ICRIR officers

      1. 1. Designations and designated ICRIR officers

      2. 2. Effect of designation

      3. 3. Exercise of the powers and privileges of a Scottish constable

      4. 4. Limitations

      5. 5. Duration of designation

      6. 6. Evidence of designation

      7. 7. Territorial restrictions

      8. 8. Powers exercisable under warrant

      9. 9. Direction and control of ICRIR officers exercising powers in Scotland

      10. 10. Modification of references

      11. 11. Assaulting a designated ICRIR officer

      12. 12. Resisting, obstructing or impeding a designated ICRIR officer

      13. 13. Impersonating a designated ICRIR officer

      14. 14. Regulations

   3. SCHEDULE 3

      Family members

      1. PART 1 Close family members

         1. 1. Meaning of “close family member”

         2. 2. Co-habitee

         3. 3. Step-child

         4. 4. Step-parent

         5. 5. Step-brother or step-sister

         6. 6. Interpretation

      2. PART 2 Relevant family members

         1. 7. Meaning of “relevant family member”

   4. SCHEDULE 4

      Supply of information: enforcement

      1. PART 1 Failure to comply with a notice

         1. 1. Penalty for failure to comply

         2. 2. Notification of penalty decision

         3. 3. Objection to penalty decision

         4. 4. Appeals

         5. 5. Enforcement of penalty

         6. 6. Giving of notices

         7. 7. Interpretation

      2. PART 2 Distortion or suppression of evidence etc

         1. 8. Distorting evidence etc

         2. 9. Suppression of evidence etc

         3. 10. Institution of proceedings

         4. 11. Penalties

   5. SCHEDULE 5

      No immunity in certain circumstances

      1. PART 1 Sexual offence, existing conviction or ongoing prosecution

         1. 1. Application of this Part

         2. 2. Prohibition of grant of immunity: sexual offences

         3. 3. Prohibition of grant of immunity: conviction or ongoing prosecution

         4. 4. Grant of immunity prohibited for all identified possible offences

         5. 5. Grant of immunity prohibited for some identified possible offences

      2. PART 2 New request for immunity after revocation of previous grant

         1. 6. (1) This paragraph applies where— (a) under section 26, a...

   6. SCHEDULE 6

      Permitted disclosures of information

      1. PART 1 Disclosures that are “permitted”

         1. 1. Introduction

         2. 2. Disclosure of any information to the Secretary of State

         3. 3. Disclosure of sensitive information to certain recipients

         4. 4. Disclosure of sensitive information notified in advance to the Secretary of State

         5. 5. Disclosure of protected international information notified in advance to the Secretary of State

         6. 6. The “relevant decision period”

      2. PART 2 Decisions to prohibit disclosures of sensitive information in final reports

         1. 7. Application of this Part

         2. 8. Affected report to include statement of Secretary of State’s decision

         3. 9. Initial appeals

         4. 10. Bringing an initial appeal

         5. 11. Further appeal against an initial appeal

         6. 12. Application of the Justice and Security Act 2013

         7. 13. Interpretation

   7. SCHEDULE 7

      Offences relating to disclosure of information

      1. 1. Current and former Commissioners, ICRIR officers and ICRIR contractors

      2. 2. Penalties

      3. 3. Interpretation

   8. SCHEDULE 8

      Identification of sensitive, prejudicial or protected international information

      1. PART 1 The ICRIR: identification of sensitive or prejudicial information

         1. 1. (1) The Commissioner for Investigations must, from time to time,...

      2. PART 2 Relevant authorities: identification of sensitive or prejudicial information

         1. 2. Information made available by a relevant authority

         2. 3. Information made available by other persons

         3. 4. Notifications under this Schedule

      3. PART 3 Secretary of State: identification of protected international information

         1. 5. The Secretary of State may notify the Commissioner for Investigations...

   9. SCHEDULE 9

      Determination of whether the prohibition on civil actions applies

      1. 1. Actions that contravene a section 43 prohibition

      2. 2. Right of the Secretary of State to intervene

      3. 3. Determination by the court

      4. 4. Appeals etc

   10. SCHEDULE 10

       Civil actions to which the 2008 Mediation Directive applies

       1. 1. Prohibition on continuing or bringing actions which involved prior cross-border mediation

       2. 2. Interpretation

   11. SCHEDULE 11

       Investigations, inquests and inquiries in England and Wales and Scotland

       1. PART 1 England and Wales: investigations and inquests

          1. 1. Coroners and Justice Act 2009

          2. 2. Coroners Act 1988

       2. PART 2 Scotland: inquiries and investigations

          1. 3. Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

   12. SCHEDULE 12

       Prisoner release

       1. 1. Amendment and saving of legislation

       2. 2. Qualifying offences: offences committed between 1966 and 1973

       3. 3. Offences equivalent to qualifying offences: offences committed between 1966 and 1973

       4. 4. Interpretation of the 1998 Act

   13. SCHEDULE 13

       Amendments

       1. PART 1 The ICRIR

          1. 1. Prosecution of Offences Act 1985

          2. 2. Northern Ireland Act 1998

          3. 3. Police (Northern Ireland) Act 1998

          4. 4. Freedom of Information Act 2000

          5. 5. Justice (Northern Ireland) Act 2002

          6. 6. Police Reform Act 2002

          7. 7. Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007

          8. 8. Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

          9. 9. Investigatory Powers Act 2016

          10. 10. Data Protection Act 2018

          11. 11. Sentencing Act 2020

       2. PART 2 Limitation of legal proceedings

          1. 12. Prescription and Limitation (Scotland) Act 1973

          2. 13. Limitation Act 1980

          3. 14. Foreign Limitation Periods Act 1984

          4. 15. Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)

          5. 16. Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

          6. 17. Merchant Shipping Act 1995