Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Disclosure of sensitive information to certain recipients U.K.

3 (1) A disclosure of sensitive information by the ICRIR to a person listed in sub-paragraph (2) is permitted if—

(a) the Commissioner for Investigations notifies the Secretary of State of the proposed disclosure, and

(b) the disclosure is made after the end of the relevant 10 day period.

(2) The persons to whom a disclosure is permitted under this paragraph are—

(a) the Director of Public Prosecutions for Northern Ireland;

(b) the Director of Public Prosecutions;

(c) the Lord Advocate;

(d) a member of the PSNI;

(e) a member of a police force in Great Britain;

(f) a coroner in Northern Ireland or England and Wales who is—

(i) a judge of the High Court in Northern Ireland,

(ii) a judge of the High Court in England and Wales,

(iii) a county court judge in Northern Ireland, or

(iv) a Circuit judge in England and Wales;

(g) a sheriff in Scotland, if the disclosure is made in respect of an inquiry into a death being, or to be, held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2).

(3) In this paragraph “relevant 10 day period” (in relation to a proposed disclosure notified to the Secretary of State) means the period of ten working days beginning with the day on which notification of the proposed disclosure is given under sub-paragraph (1).

(4) For that purpose “working day” means any day other than—

(a) a Saturday or a Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Commencement Information

I1 Sch. 6 para. 3 not in force at Royal Assent, see s. 63(4)

I2 Sch. 6 para. 3 in force at 1.5.2024 by S.I. 2024/584, reg. 2(u) (with regs. 3, 4)