Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

• (b) the person had been granted immunity from prosecution under section 19 before the offence was committed,

the court which sentences the person for that offence must revoke every grant of immunity from prosecution under section 19 given to the person before the offence was committed.

• (3) For the purposes of subsection (2) a person is convicted of “a terrorist offence or an offence with a terrorist connection” if—

• (a) the person is convicted of an offence by a court in Northern Ireland and either—

• (i) the offence is listed in Schedule 1A to the Counter-Terrorism Act 2008, or

• (ii) the court determines under section 30(2) of that Act that the offence has a terrorist connection;

• (b) the person is convicted of an offence by a court in England and Wales and either—

• (i) the offence is listed in Schedule A1 to the Sentencing Code, or

• (ii) the court determines under section 69 of the Sentencing Code that the offence has a terrorist connection;

• (c) the person is convicted of an offence by a court in Scotland and either—

• (i) the offence is listed in Schedule 1A to the Counter-Terrorism Act 2008, or

• (ii) section 31 of that Act applies to the offence (offences with a terrorist connection in Scotland).

• (4) Where—

• (a) an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, and

• (b) a grant of immunity from prosecution is given at any time during that period,

that grant of immunity from prosecution is to be regarded for the purposes of subsection (2) as having been given before the offence was committed.

• (5) A revocation of immunity under this section—

• (a) has immediate effect;

• (b) does not prevent a person making a further request for immunity under section 19 (but see Part 2 of Schedule 5 for provision about requests that overlap with revoked immunities).

False statements: offence

27

• (1) A person commits an offence by making a false statement to the ICRIR in connection with any of its functions under sections 19 to 22.

• (2) For the purposes of this section—

• (a) a person makes a false statement by—

• (i) making a statement which the person knows to be false in a material respect, or

• (ii) recklessly making a statement which is false in a material respect;

• (b) “making a statement” includes giving an account in connection with a request for immunity under section 19.

• (3) A person guilty of an offence under this section is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

• (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

• (c) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both;

• (d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

• (4) Proceedings for an offence under this section may be instituted—

• (a) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland;

• (b) in England and Wales, only by or with the consent of the Director of Public Prosecutions.

The historical record of deaths

Production of the historical record

28

• (1) The historical record is to consist of a single document which gives an account of the circumstances in which each of the relevant deaths occurred.

• (2) The ICRIR must take all reasonable steps—

• (a) to identify all deaths that were caused by conduct forming part of the Troubles, and

• (b) to identify and obtain—

• (i) the information about the relevant deaths that is publicly available, and

• (ii) other information about the relevant deaths which the ICRIR considers is likely to be of use in producing the historical record.

• (3) The ICRIR may request a person to provide information in connection with the production of the historical record.

• (4) But the ICRIR may not request information that relates to the relevant death, or to the relevant event, to be provided by—

• (a) a member of the family of the deceased person,

• (b) a person who suffered physical or mental harm as a result of the relevant event, or

• (c) a member of the family of a person—

• (i) whose death was caused by conduct forming part of the relevant event, or

• (ii) who was caused physical or mental harm by conduct forming part of the relevant event.

• (5) That does not prevent the ICRIR from making a request to a person in their capacity as the holder of an employment, office or other position.

• (6) A person may provide information if requested to do so by the ICRIR, but only if the provision of the information would not breach—

• (a) any obligation of confidence owed by the person, or

• (b) any other restriction on the disclosure of information (however imposed).

• (7) When deciding whether it is reasonable to take a particular step for the purposes of subsection (2)(a) or (b), the ICRIR may, in particular, take into account whether that step would, in the ICRIR’s view, involve disproportionate effort or cost.

• (8) In this section—

• “relevant deaths” means those deaths which the ICRIR identifies, after taking all reasonable steps in accordance with subsection (2)(a), as deaths that were caused by conduct forming part of the Troubles, except those deaths for which reviews are carried out under section 13;

• “relevant event” means an event in which a relevant death occurred.

Publication of the historical record

29

• (1) The ICRIR must publish the historical record.

• (2) It is for the ICRIR to decide the manner in which the historical record is to be published.

• (3) This section does not require the ICRIR to publish the historical record unless (and until) it can do so in accordance with sections 4(1) and 30(2).

Information

Disclosure of information: general power and prohibitions

30

• (1) The ICRIR may disclose any information held by the ICRIR to any other person.

• (2) A disclosure of information by the ICRIR (under this section or any other power or duty) must not be made if any of prohibitions A to F applies to the disclosure or information concerned.

• (3) But prohibitions A to D do not apply to a disclosure of information if it is permitted by Schedule 6.

• (4) Prohibition A: the Commissioner for Investigations has identified the information as sensitive information (see paragraph 1 of Schedule 8).

• (5) Prohibition B: a relevant authority has notified the Commissioner for Investigations that the information has been identified as sensitive information (see paragraph 2 or 3 of Schedule 8).

• (6) Prohibition C: the Secretary of State has notified the Commissioner for Investigations that the information has been identified as protected international information (see paragraph 5 of Schedule 8).

• (7) Prohibition D: the ICRIR would otherwise contravene the duty imposed by section 4(1) by making the disclosure.

• (8) Prohibition E: the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the power or duty which authorises or requires the disclosure).

Here “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

• (9) Prohibition F: the disclosure is prohibited by Parts 1 to 7, and Chapter 1 of Part 9, of the Investigatory Powers Act 2016.

• (10) Schedule 6 sets out which disclosures are permitted for the purposes of this section and makes provision about decisions to prohibit disclosures of sensitive information in final reports by the ICRIR.

• (11) Schedule 7 sets out offences relating to disclosure of information.

The ICRIR’s use of information obtained by it

31

• (1) Information that has been obtained by the ICRIR—

• (a) under section 5, or

• (b) through the exercise of police powers,

may be used by the ICRIR for the purposes of, or in connection with, the exercise of any function of the ICRIR except the function of producing the historical record.

• (2) Information that has been obtained by the ICRIR under section 14 may be used by the ICRIR only for the purposes of, or in connection with, the exercise of the review function.

• (3) Subsections (1) and (2) do not authorise the ICRIR to disclose information to any other person.

• (4) Subsections (1) and (2) do not apply to any information once it has been—

• (a) contained in a final report produced in accordance with section 15, or

• (b) published by the ICRIR (otherwise than in a final report) in accordance with the provisions of this Act.

• (5) This section does not limit the application of section 4.

• (6) In this section “police powers” means powers and privileges of a constable which the Commissioner for Investigations, or any other ICRIR officer, has by virtue of a designation under section 6.

Identifying information that is subject to additional safeguards

32

Schedule 8 makes provision about the identification of sensitive, prejudicial or protected international information.

Guidance and protocols relating to information

33

• (1) The Secretary of State may give guidance about the identification of sensitive information to—

• (a) the ICRIR;

• (b) the Chief Constable of the PSNI;

• (c) chief officers of police forces in Great Britain;

• (d) the Police Ombudsman for Northern Ireland;

• (e) the Director General of the Independent Office for Police Conduct;

• (f) the Police Investigations and Review Commissioner;

• (g) Northern Ireland departments;

• (h) the Scottish Ministers.

• (2) If a person is given guidance under subsection (1), the person must have regard to it in identifying information as sensitive information in accordance with Schedule 8.

• (3) The Secretary of State may give guidance to the ICRIR about the exercise of its functions in accordance with section 4(1)(a).

• (4) The ICRIR must have regard to any guidance given under subsection (3) in exercising the functions to which the guidance relates.

• (5) An information disclosure protocol may be agreed between—

• (a) the Commissioner for Investigations, and

• (b) one or more of—

• (i) the relevant authorities, and

• (ii) the persons listed in paragraph 3(2) of Schedule 6.

• (6) An “information disclosure protocol” is a document dealing with a framework for the disclosure of information by, or to, the ICRIR.

Regulations about the holding and handling of information

34

• (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.

Biometric material

Biometric material

35

• (1) The Secretary of State may by regulations—

• (a) designate a collection of biometric material, or part of such a collection, for the purposes of this section;

• (b) provide for biometric material in designated collections not to be destroyed if destruction of the material would otherwise be required by any of the destruction provisions;

• (c) provide for preserved material to be retained;

• (d) provide for preserved material to be used for the purposes of, or in connection with, the exercise of any ICRIR function except the function of producing the historical record;

• (e) provide for preserved material to be destroyed.

• (2) If regulations provide for the retention of preserved material, the Secretary of State must, by regulations, require—

• (a) that periodic reviews of the need to retain the material are carried out by the ICRIR;

• (b) that the material is destroyed by no later than the end of a reasonable period after the conclusion of the ICRIR’s work (see section 31(1)) in connection with functions other than producing the historical record.

• (3) Regulations made under this section are subject to negative procedure.

• (4) In this section—

• “biometric material” means a record of— a DNA profile based on a DNA sample taken before 31 October 2013, or fingerprints taken before 31 October 2013;

• “destruction provisions” means— Article 63B of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989, any provision of Part 1 of Schedule 8 to the Terrorism Act 2000 which requires the destruction of biometric material, paragraph 8 of Schedule 4 to the International Criminal Court Act 2001, any provision of sections 18 to 18E of the Counter-Terrorism Act 2008 which requires the destruction of biometric material, any provision of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 which requires the destruction of biometric material, section 18G of the Criminal Procedure (Scotland) Act 1995, and section 18(3) to (5) of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 7 of Schedule 4 to the International Criminal Court (Scotland) Act 2001 (asp 21);

• “preserved material” means biometric material in a designated collection which, by virtue of regulations made under subsection (1)(b), has not been destroyed (as would otherwise have been required by any of the destruction provisions).

Supplementary

Review of the performance of the ICRIR’s functions

36

• (1) The Secretary of State must carry out a review of the performance by the ICRIR of the functions conferred by section 2(5).

• (2) The Secretary of State must carry out the review by the end of the third year of the period of operation of the ICRIR.

• (3) The Secretary of State must lay a copy of the review before Parliament.

Conclusion of the work of the ICRIR

37

• (1) The Secretary of State may, by regulations, make provision for winding up the ICRIR if the Secretary of State is satisfied that the need for the ICRIR to exercise the functions conferred by section 2(5) has ceased.

• (2) Regulations under subsection (1) may, in particular, make provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred), including any acquired or arising after the regulations are made.

• (3) Regulations under subsection (1) may, in particular, repeal or otherwise amend any provision of this Part other than—

• (a) this section;

• (b) Schedule 7 and the following provisions (which relate to the offence in paragraph 1 of that Schedule)—

• (i) section 4(1)(a) and (b);

• (ii) section 30(2) to (7), (10) and (11);

• (iii) Schedule 6.

• (4) The consequential provision that may (by virtue of section 59(9)(b)) be made by regulations under subsection (1) includes consequential amendments of—

• (a) Part 4 or 5 of this Act, or

• (b) any legislation other than this Act (whenever passed or made).

• (5) The Secretary of State must consult the required consultees, and take into account the annual reports produced by the ICRIR (see section 2(10)) and the Secretary of State’s review of the ICRIR’s functions (see section 36)—

• (a) when deciding whether to exercise the power to make regulations conferred by this section; and

• (b) before making regulations under this section.

• (6) Regulations under this section are subject to affirmative procedure.

• (7) If a draft of an instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

• (8) In this section “required consultees” means—

• (a) the ICRIR, and

• (b) any other person the Secretary of State considers it appropriate to consult.

PART 3 — Investigations, legal proceedings etc and release of prisoners

Criminal investigations and proceedings

No criminal investigations except through ICRIR reviews

38

• (1) On and after the day on which this section comes into force, no criminal investigation of any Troubles-related offence may be continued or begun.

• (2) But that does not prevent the ICRIR from carrying out any of its functions .

• (3) The Chief Constable of the PSNI and the chief officer of each police force in Great Britain must notify the Secretary of State of any criminal investigations of Troubles-related offences which, on the day before this section comes into force, their police force is carrying out.

• (4) This section has effect subject to section 42(3) (criminal investigations relating to pre-commencement prosecutions).

Grant of immunity: prohibition of criminal enforcement action

39

• (1) This section applies in relation to a serious or connected Troubles-related offence if a person (P) has been granted immunity from prosecution for the offence under section 19.

• (2) No criminal enforcement action may be taken against P in respect of the offence.

No grant of immunity: restrictions on criminal enforcement action

40

• (1) This section applies in relation to a serious or connected Troubles-related offence by a person (P) unless P has been granted immunity from prosecution for the offence under section 19.

• (2) Criminal enforcement action may be taken against P in respect of the offence by P if—

• (a) the Commissioner for Investigations has referred conduct by P to a prosecutor under section 25 (the “relevant conduct”),

• (b) the offence by P is—

• (i) the suspected offence, or one of the suspected offences, notified to the prosecutor under section 25, or

• (ii) another offence which the relevant conduct constitutes, and

• (c) the criminal enforcement action is taken in connection with that referral (including any prosecution or conviction which follows from that referral).

• (3) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.

• (4) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may charge P with the offence by P; and a prosecutor may conduct criminal proceedings arising from any such charge.

• (5) If subsection (2) becomes applicable to the offence by P, criminal enforcement action against P in respect of the offence may no longer be taken in accordance with subsection (3) or (4).

• (6) But that does not limit the criminal enforcement action that may be taken in accordance with subsection (2) after it becomes applicable (and, in particular, action previously taken in accordance with subsection (3) or (4) may be continued in accordance with subsection (2)).

• (7) Subsections (2), (3) and (4) only authorise a person to take criminal enforcement action by the exercise of powers which that person has otherwise than by virtue of this section.

• (8) This section has effect subject to section 42(4) (pre-commencement criminal enforcement action).

Other Troubles-related offences: prohibition of criminal enforcement action

41

• (1) This section applies in relation to a Troubles-related offence unless it is a serious or connected Troubles-related offence.

• (2) No criminal enforcement action may be taken against any person in respect of the offence.

• (3) This section has effect subject to section 42(4) (pre-commencement criminal enforcement action).

General provision and saving for ongoing pre-commencement action

42

• (1) Any legislation or other law is of no effect insofar as it authorises or requires a person to do anything that is prohibited by any of sections 38 to 41.

• (2) For the purposes of sections 39 to 41, criminal enforcement action is taken against a person (P) in respect of an offence if—

• (a) P is prosecuted for the offence,

• (b) criminal proceedings relating to the offence are brought or continued against P, or

• (c) P is arrested or otherwise detained in connection with the offence.

• (3) Section 38 does not prevent a criminal investigation of a Troubles-related offence being carried out by a person other than the ICRIR if—

• (a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force, and

• (b) the criminal investigation is carried out for the purposes of that prosecution.

• (4) Section 40 or 41 does not prevent criminal enforcement action from being taken against a person (P) in respect of an offence if—

• (a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force (whether or not the prosecution was continuing on the day before that section comes into force), and

• (b) the criminal enforcement action is taken against P in connection with the prosecution (including any conviction of P arising from that prosecution, whether given before or after that section comes into force).

• (5) Subsections (3) and (4) do not prevent provision being made under section 63(5) in connection with the coming into force of section 38, 40 or 41.

• (6) In this section—

• (a) “public prosecution” means any prosecution other than a private prosecution;

• (b) a public prosecution of P for an offence is “begun” when a prosecutor makes the decision to prosecute P for that offence.

Civil proceedings, inquests and police complaints

Tort, delict and fatal accident actions

43

• (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force.

• (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force.

• (3) For the purposes of this section an action is a “relevant Troubles-related civil action” if conditions A, B and C are met.

• (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles.

• (5) Condition B: the action is founded on—

• (a) tort or delict,

• (b) a cause of action arising under fatal accidents legislation, or

• (c) a cause of action arising under the law of any other jurisdiction that corresponds to—

• (i) tort or delict, or

• (ii) a cause of action arising under fatal accidents legislation.

• (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in—

• (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)),

• (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)),

• (c) the Limitation Act 1980,

• (d) the Foreign Limitation Periods Act 1984,

• (e) the Prescription and Limitation (Scotland) Act 1973, or

• (f) section 190 of the Merchant Shipping Act 1995;

(including where a court has permitted the action to be brought outside such a time limit).

• (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree).

• (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection—

• (a) does not stop costs proceedings from being continued or begun on or after that day; but

• (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day.

• (9) This section does not apply to a relevant Troubles-related civil action if, or to the extent that, section 47(1) applies to the action (prohibition of civil claims alleging invalidity of interim custody orders).

• (10) In this section—

• “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action;

• “fatal accidents legislation” means— the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), the Fatal Accidents Act 1976, or section 4 of the Damages (Scotland) Act 2011 (asp 7);

• “matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine;

• “other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought;

• “other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings;

• “2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

• (11) Schedule 9 makes provision for courts to determine whether the prohibitions in this section apply to a civil action.

• (12) Schedule 10 makes provision about bringing and continuing relevant Troubles-related civil actions if the 2008 Mediation Directive applies to the matter in dispute by virtue of the EU withdrawal agreement.

Inquests, investigations and inquiries

44

• (1) After section 16 of the Coroners Act (Northern Ireland) 1959 insert—

(16A) (1) This section applies to an inquest into a death that resulted directly from the Troubles that was initiated before 1 May 2024 unless, on that day, the only part of the inquest that remains to be carried out is the coroner or any jury making or giving the final determination, verdict or findings, or something subsequent to that. (2) On and after that day, a coroner must not progress the conduct of the inquest. (3) As soon as practicable on or after that day, the coroner responsible for the inquest must close the inquest (including by discharging any jury that has been summoned). (4) The provision in section 14(1) requiring a coroner to conduct an inquest is subject to this section. (16B) On and after the day on which section 44 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force— (a) a coroner must not decide to hold an inquest into any death that resulted directly from the Troubles, and (b) the Attorney General or Advocate General for Northern Ireland must not give a direction under section 14 for the conduct of an inquest into any death that resulted directly from the Troubles. (16C) (1) This section applies for the purposes of sections 16A and 16B and this section. (2) A death “resulted directly from the Troubles” if— (a) the death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from an act of violence or force, and (b) the act of violence or force was conduct forming part of the Troubles. (3) “Conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act). (4) An inquest is “initiated”— (a) by a coroner deciding to hold the inquest, or (b) by a direction under section 14 being given for the conduct of the inquest.

• (2) Schedule 11 makes provision about investigations and inquests in England and Wales and inquiries and investigations in Scotland.

Police complaints

45

• (1) After section 50 of the Police (Northern Ireland) Act 1998 insert—

(50A) (1) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part— (a) ceases to apply to a complaint (if made before that day), or (b) does not apply to a complaint (if made on or after that day), insofar as the complaint relates to conduct forming part of the Troubles. (2) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Chief Constable, the Board, the Director or the Department of Justice is to cease to deal with any complaint referred before that day under section 52(6) insofar as the complaint relates to conduct forming part of the Troubles. (3) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman— (a) is not to begin any formal investigation of a matter, and (b) is to cease any formal investigation of a matter begun before that day, insofar as the matter relates to conduct forming part of the Troubles. (4) This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if— (a) a public prosecution of a person for the offence had been begun before the day on which section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, and (b) the criminal investigation is carried out for the purposes of that prosecution. (5) For the purposes of subsection (4)— (a) “public prosecution” means any prosecution other than a private prosecution; (b) a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence. (6) In this section— - “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act); - “formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).

• (2) In section 28A of the Police Reform Act 2002 (application of complaints and misconduct provisions to matters occurring before 1 April 2004), after subsection (6) insert—

(6A) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section— (a) ceases to apply to a pre-commencement matter or a matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter was given before that day), or (b) does not apply to a pre-commencement matter or matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter is given on or after that day), insofar as the matter relates to conduct forming part of the Troubles. (6B) In subsection (6A) “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

• (3) After section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 insert—

(47A) (1) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part— (a) ceases to apply to a complaint or investigation (if the complaint was made, or investigation was begun, before that day), or (b) does not apply to a complaint or investigation (if the complaint is made, or investigation is to begin, on or after that day), insofar as the complaint or investigation relates to conduct forming part of the Troubles. (2) In this section “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

Interim custody orders

Interim custody orders: validity

46

• (1) This section applies in relation to the functions conferred by—

• (a) Article 4(1) of the 1972 Order, and

• (b) paragraph 11(1) of Schedule 1 to the 1973 Act,

(which enabled interim custody orders to be made, and which are referred to in this section as the “order-making functions”).

• (2) The order-making functions are to be treated as having always been exercisable by authorised Ministers of the Crown (as well as by the Secretary of State).

• (3) An interim custody order is not to be regarded as having ever been unlawful just because an authorised Minister of the Crown exercised any of the order-making functions in relation to the order.

• (4) The detention of a person under the authority of an interim custody order is not to be regarded as having ever been unlawful just because an authorised Minister of the Crown exercised any of the order-making functions in relation to the order.

• (5) Subsections (3) and (4) do not limit the effect of subsection (2).

• (6) This section and section 47 apply only in relation to an exercise of any of the order-making functions which was conduct forming part of the Troubles (see, in particular, section 1(2)); and for this purpose any exercise of any of the order-making functions must be assumed to have been conduct forming part of the Troubles unless the contrary is shown.

• (7) In this section and section 47—

• “1972 Order” means the Detention of Terrorists (Northern Ireland) Order 1972 (S.I. 1972/1632 (N.I. 15));

• “1973 Act” means the Northern Ireland (Emergency Provisions) Act 1973;

• “authorised Minister of the Crown” means a Minister of the Crown authorised to sign interim custody orders— by Article 4(2) of the 1972 Order (in the case of such orders under that Article), or by paragraph 11(2) of Schedule 1 to the 1973 Act (in the case of such orders under that paragraph);

• “interim custody order” means an interim custody order under— Article 4 of the 1972 Order, or paragraph 11 of Schedule 1 to the 1973 Act;

• “order-making functions” has the meaning given in subsection (1).

Interim custody orders: prohibition of proceedings and compensation

47

• (1) On or after the commencement day, a civil action may not be continued or brought if, or to the extent that, the claim that is to be determined in the action involves an allegation that—

• (a) the person bringing the action, or another person, was detained under the authority of an interim custody order, and

• (b) that interim custody order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions in relation to the order.

• (2) On or after the commencement day, criminal proceedings relating to the quashing of a conviction may not be continued or brought if, or to the extent that, the grounds for seeking to have the conviction quashed involve an allegation that—

• (a) the person bringing the proceedings, or another person, was detained under the authority of an interim custody order, and

• (b) that interim custody order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions in relation to the order.

• (3) If criminal proceedings relating to the quashing of a conviction are pre-commencement proceedings—

• (a) subsection (2) does not apply to the criminal proceedings;

• (b) section 46 does not prevent the court from quashing the conviction on the ground that an interim custody order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions.

• (4) On or after the commencement day, no compensation for a miscarriage of justice is to be paid in respect of a conviction that has been reversed solely on the ground that an interim custody order was unlawful because an authorised Minister of the Crown exercised any of the order-making functions.

• (5) Regulations under section 58(2) which make provision that is consequential on section 46 or this section—

• (a) may amend this Act (including this section);

• (b) (whether or not they make such amendments) are subject to made affirmative procedure, unless they are instead made in accordance with section 58(5) (the affirmative procedure) or 58(6) (the negative procedure).

• (6) In this section—

• “commencement day” means the day on which this section comes into force;

• “compensation for a miscarriage of justice” means compensation under section 133 of the Criminal Justice Act 1988;

• “pre-commencement proceedings” means proceedings— for which leave was given before the commencement day, or which follow from a referral made by the Criminal Cases Review Commission before the commencement day.

Release of prisoners

Prisoner release

48

Schedule 12 makes provision about prisoner release under the Northern Ireland (Sentences) Act 1998.

PART 4 — Memorialising the Troubles

Oral history

49

• (1) The designated persons must secure that—

• (a) within the initial period—

• (i) a study is carried out of Troubles-related oral history records contained in current collections in Northern Ireland, and

• (ii) the current collections are analysed to identify groups and communities in Northern Ireland that are under-represented in the current collections;

• (b) Troubles-related oral history records are created, and are collected and preserved in Northern Ireland, especially oral history records which recount the personal experience of persons in groups and communities in Northern Ireland that are under-represented in current collections;

• (c) public engagement with Troubles-related oral history records in Northern Ireland is encouraged and facilitated, including by such records becoming more publicly accessible;

• (d) a catalogue of publicly accessible Troubles-related oral history records is—

• (i) produced and kept up to date, and

• (ii) made available on a website which the public can use without charge.

• (2) In complying with subsection (1)(b), the designated persons must, in particular, secure that appropriate assistance (including training and resources) is provided to persons with an interest in creating, collecting or preserving Troubles-related oral history records.

• (3) In complying with subsection (1)(c), the designated persons must, in particular, secure that events and services intended to encourage and facilitate public engagement with Troubles-related oral history records in Northern Ireland are arranged.

• (4) The designated persons may exercise the functions under subsection (1) in relation to oral history records about events and conduct before or after the period of the Troubles; and, if and to the extent that they do so, this section applies to such records as it applies to Troubles-related oral history records.

• (5) For the purposes of this section a group or community in Northern Ireland is under-represented in current collections if the oral history records in current collections do not appropriately reflect the prevalence of that group or community in Northern Ireland society during the period of the Troubles.

• (6) In this section—

• “current collection” means a collection existing immediately before the specified day;

• “oral history record about events and conduct before or after the period of the Troubles” means a record (in any form) which— recounts personal experience relating to any of the events and conduct before or after the period of the Troubles, (including any effect which it has had on a person, whenever the effect occurred), and is of lasting historical significance;

• “period of the Troubles” means the period— beginning with 1 January 1966, and ending with 10 April 1998;

• “publicly accessible” means accessible by the public or by a section of the public (including where the access is available by arrangement, on the basis of a subscription or membership, or on payment);

• “Troubles-related oral history record” means a record (in any form) which— recounts personal experience relating to the Troubles, (including any effect which the Troubles have had on a person, whenever the effect occurred), and is of lasting historical significance, whether the personal experience (or effect) relates to the Troubles generally or to any aspect or aspects of the Troubles.

• (7) For the purposes of this section it does not matter whether an oral history record is made by, or received from, a person in the United Kingdom, Ireland or elsewhere.

The memorialisation strategy

50

• (1) The designated persons must secure that—

• (a) a study of relevant memorialisation activities that are being carried out immediately before the specified day (“current memorialisation activities”) is undertaken;

• (b) recommendations about the initiation and carrying out of relevant memorialisation activities (“new memorialisation activities”) are made;

• (c) a report (a “memorialisation strategy”) which sets out—

• (i) the findings of the study, and

• (ii) the recommendations,

is produced and published within the initial period;

• (d) a copy of the memorialisation strategy is given to the Secretary of State as soon as practicable after it is produced.

• (2) A “relevant memorialisation activity” is an activity that is carried out in Northern Ireland for the purpose of marking, commemorating, or providing information or education about—

• (a) events and conduct that formed part of the Troubles and occurred in Northern Ireland, or

• (b) events and conduct before or after the Troubles that occurred in Northern Ireland,

(whether or not it also relates to any other events and conduct that formed part of the Troubles or any other events and conduct before or after the Troubles).

• (3) It is for the designated persons to decide whether, and to what extent, the study and recommendations should cover relevant memorialisation activities that relate to events and conduct before or after the Troubles.

• (4) The process by which the study is carried out and the recommendations are made must provide for consideration to be given to the following matters—

• (a) how relevant memorialisation activities currently, or will in the future, promote reconciliation in Northern Ireland;

• (b) how relevant memorialisation activities currently are, or will in the future be, relevant to people living in Northern Ireland;

• (c) appropriate non-UK memorialisation activities.

• (5) In particular, consideration must be given to whether the establishment of a new museum, memorial or similar project should be recommended.

• (6) The process by which the study is carried out and the recommendations are made must enable the public and other interested persons to contribute to the process.

• (7) In particular, the process must include opportunities for the public and other interested persons—

• (a) to suggest current memorialisation activities that should form part of the study;

• (b) to comment on current memorialisation activities;

• (c) to suggest new memorialisation activities.

• (8) In this section “appropriate non-UK memorialisation activity” means an activity—

• (a) which is undertaken outside the United Kingdom to mark, commemorate, or provide information or education about past events or conduct, and

• (b) which appears to the designated persons to be appropriate to consider in carrying out the study and making the recommendations.

Response to the memorialisation strategy

51

• (1) The Secretary of State must—

• (a) consider, and decide a response to, each of the recommendations made in the memorialisation strategy;

• (b) produce and publish a document which sets out the response to each of the recommendations, including (as appropriate)—

• (i) the action the Secretary of State proposes to take in response, or

• (ii) the Secretary of State’s reasons for not taking any action in response.

• (2) The Secretary of State must—

• (a) comply with that requirement before the end of the period of one year beginning with the day on which the copy of the strategy is given in accordance with section 50(1)(d),

• (b) consult relevant organisations in the course of considering each recommendation, and

• (c) consult such Northern Ireland departments as the Secretary of State considers appropriate on the proposed action, or reasons for not taking action, before deciding a response to each recommendation.

• (3) In this section “recommendations” means recommendations about the initiation and carrying out of new memorialisation activities.

Academic research

52

• (1) The designated persons must secure that—

• (a) terms of reference are set for academic research into the Troubles;

• (b) academic research is carried out in accordance with those terms of reference;

• (c) the terms of reference are set within the initial period;

• (d) the researchers produce a report on the outcome of the academic research (the “academic report”);

• (e) the academic report is published and a copy of it is given to the Secretary of State before the end of the seventh year of the period of operation of the ICRIR.

• (2) The designated persons must use their best endeavours to make arrangements under which one of the UKRI’s Councils is to undertake, or participate in, activities which enable, or assist, the designated persons to comply with the duties imposed by subsection (1)(a) to (d).

• (3) The researchers must carry out their work—

• (a) independently of the influence of any other persons, and

• (b) otherwise in such ways as will secure the confidence of the people of Northern Ireland in them and their work.

• (4) The terms of reference may—

• (a) provide for academic research to be carried out into events and conduct before or after the Troubles, and

• (b) make provision about criteria for identifying the kinds of events and conduct before or after the Troubles into which the academic research is to be carried out.

• (5) The terms of reference must require the researchers to take account of ICRIR reports in carrying out the academic research.

• (6) The terms of reference—

• (a) must require the academic research to include the production of an analysis of patterns and themes emerging from the relevant events and conduct into which the academic research is carried out, including (in particular) an analysis of women’s and girls’ experience of those events, and

• (b) may include provision about criteria for identifying the kinds of relevant events and conduct that the researchers are to take into account for the purposes of producing that analysis.

• (7) The terms of reference must require the researchers to carry out a statistical analysis of—

• (a) all ICRIR reports relating to a death, and

• (b) the historical record.

• (8) That analysis must, in particular, set out, to the extent possible from the ICRIR reports and historical record—

• (a) the number of deaths (resulting from conduct forming part of the Troubles) recorded in those reports and that record,

• (b) an overview of the biographical attributes of the deceased (including by age range and community background), and

• (c) an overview of the circumstances of the deaths (including when and where they occurred, and the involvement of any body or proscribed organisation).

• (9) In this section—

• “ICRIR reports” means— the final reports published in accordance with section 17, and any final reports of which summaries are given in accordance with section 17;

• “proscribed organisation” means an organisation that has been proscribed at any time under terrorism legislation in the United Kingdom;

• “relevant events and conduct” means— events and conduct forming part of the Troubles, and events and conduct before or after the Troubles;

• “researchers” means the persons carrying out the academic research into the Troubles and producing the report;

• “UKRI’s Council” means any of the Councils of United Kingdom Research and Innovation provided for by or under section 92 of the Higher Education and Research Act 2017.

Annual reports

53

• (1) The designated persons must—

• (a) produce, for each reporting period, a report on the progress made in carrying out the Troubles-related work programme during the reporting period concerned (an “annual report”);

• (b) publish each annual report as soon as practicable after it is produced;

• (c) give a copy of each annual report to the Secretary of State at least two weeks before the report is published.

• (2) In this section “reporting period” means—

• (a) the initial period, and

• (b) each subsequent period of one year beginning immediately after the end of a reporting period.

Carrying out the Troubles-related work programme

54

• (1) When carrying out the Troubles-related work programme, the designated persons must have regard to the need to ensure that—

• (a) there is support from different communities in Northern Ireland for the way in which that programme is carried out,

• (b) a variety of views of the Troubles is taken into account in carrying out that programme, and

• (c) that programme is carried out in a way that promotes—

• (i) reconciliation,

• (ii) anti-sectarianism, and

• (iii) non-recurrence of political and sectarian hostility between people in Northern Ireland.

• (2) When carrying out the Troubles-related work programme, the designated persons must have regard to the views given to them by any advisory forum (see section 55) in accordance with the arrangements under which it is established.

• (3) The designated persons may make arrangements about the way in which each of them will exercise its functions to secure that the Troubles-related work programme is carried out (“operational arrangements”).

• (4) The designated persons must publish any current operational arrangements as soon as practicable after they are made or amended (or after the specified day, in the case of any operational arrangements made before that day and not already published).

The advisory forum

55

• (1) The designated persons must use their best endeavours to establish an advisory forum consisting of other persons.

• (2) In establishing an advisory forum, the designated persons must have regard to—

• (a) the need to ensure that the membership of the advisory forum includes persons who represent the views of victims and survivors of events and conduct forming part of the Troubles (whether or not they also represent the views of other persons);

• (b) the need to ensure that the membership of the advisory forum is balanced as respects those members who are associated with the different communities in Northern Ireland.

• (3) The duties imposed on the designated persons by subsections (1) and (2) do not apply if—

• (a) those persons have taken the actions required by those duties before the specified day, and

• (b) an advisory forum established by those persons in compliance with those duties is in existence immediately before the specified day.

• (4) The designated persons must publish any current arrangements under which any advisory forum is established (including publishing the membership of the forum) as soon as practicable after the arrangements are made or amended (or after the specified day, in the case of any arrangements made before that day and not already published).

Designated persons and funding

56

• (1) The Secretary of State may, by regulations, designate a person for the purposes of this Part if the Secretary of State is satisfied that the person would make a significant contribution to the performance of the functions which are imposed by sections 49, 50 and 52.

• (2) When deciding whether to designate a person, the Secretary of State must—

• (a) have regard to whether the person is supported by different communities in Northern Ireland and will act independently of the influence of any other persons; and

• (b) consult relevant organisations about the proposed designation.

• (3) Regulations under this section may provide—

• (a) that a power of direction is not to be exercised to give a designated person, a member or officer of that person, or any staff assisting that person, a direction relating to functions under this Part;

• (b) for the staff assisting a designated person to assist in the exercise of the person’s functions under this Part;

• (c) that a designated person is required to perform only a particular function or an aspect of a function.

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

• (5) The Secretary of State may make payments or provide other resources to, or in respect of, the designated persons in connection with the exercise of functions under this Part.

Interpretation of this Part

57

• (1) In this Part—

• “designated persons” means the persons designated by the Secretary of State in regulations made under section 56;

• “different communities in Northern Ireland” means communities in Northern Ireland— which had or have differing views on the constitutional status of Northern Ireland, or between which there was or is political or sectarian hostility;

• “events and conduct before or after the Troubles” has the meaning given in subsections (2) to (4);

• “initial period” means the period of one year beginning with the specified day;

• “relevant organisation” means an organisation that the Secretary of State considers to have expertise in carrying out, promoting or otherwise facilitating activities that are intended to encourage reconciliation or anti-sectarianism;

• “specified day” means the day specified in regulations made by the Secretary of State for the purposes of commencing the Troubles-related work programme;

• “Troubles-related work programme” means the functions which are imposed on the designated persons by sections 49, 50 and 52.

• (2) “Events and conduct before or after the Troubles” means the events and conduct that related to Northern Ireland affairs and occurred—

• (a) before 1 January 1966, or

• (b) after 10 April 1998.

• (3) That includes events and conduct at those times which were connected with—

• (a) preventing,

• (b) investigating, or

• (c) otherwise dealing with the consequences of,

other events and conduct relating to Northern Ireland affairs.

• (4) For the purposes of this section it does not matter if an event or conduct occurred in Northern Ireland, in another part of the United Kingdom, or elsewhere.

• (5) Section 1 includes provision about the meaning of “conduct” and “Northern Ireland affairs”.

• (6) Where this Part requires one or more persons to publish a document, it is for the person or persons to decide the manner in which the document is to be published.

PART 5 — Final provisions

Consequential provision

58

• (1) Schedule 13 amends existing legislation.

• (2) A national authority may by regulations make provision that is consequential on this Act.

• (3) In this Act “national authority” means—

• (a) the Secretary of State,

• (b) the Department of Justice in Northern Ireland, or

• (c) the Scottish Ministers.

• (4) Regulations under subsection (2) may, in particular, amend legislation (whenever passed or made).

• (5) Regulations made under subsection (2) are subject to affirmative procedure if they contain any amendment of primary legislation.

• (6) Any other regulations made under subsection (2) are subject to negative procedure.

• (7) The power of the Department of Justice in Northern Ireland or the Scottish Ministers to make regulations under subsection (2) is subject to section 59(10) or (11).

• (8) The Secretary of State may by regulations—

• (a) replace a reference in provision made by this Act to the commencement of a provision of this Act with a reference to the actual date on which the provision comes into force;

• (b) replace a reference in provision made by this Act to a date determined by reference to the commencement of a provision of this Act with a reference to the actual date so determined;

• (c) replace a reference in provision made by this Act to the day of the First Reading in the House of Commons of the Bill for this Act with a reference to the actual date of the First Reading;

• (d) in Part 4—

• (i) replace a reference to the specified day with a reference to the actual date of the specified day and repeal the definition of “specified day”, or

• (ii) amend the definition of “specified day” so that it sets out the actual date of the specified day.

Regulations

59

• (1) Regulations made under this Act by the Secretary of State are to be made by statutory instrument.

• (2) Regulations made under this Act by the Department of Justice in Northern Ireland are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (3) Where regulations under this Act are “subject to affirmative procedure” they are to be made in accordance with the procedure set out in this table that is applicable (which depends on who makes the regulations)—

Person(s) making the regulations	Procedure applicable
The Secretary of State	The regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament
The Department of Justice in Northern Ireland	The regulations may not be made unless a draft of them has been laid before, and approved by a resolution of, the Northern Ireland Assembly
The Scottish Ministers	The regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10))

• (4) Where regulations under this Act are “subject to negative procedure” they are to be made in accordance with the procedure set out in this table that is applicable (which depends on who makes the regulations)—

Person(s) making the regulations	Procedure applicable
The Secretary of State	The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament
The Department of Justice in Northern Ireland	The regulations are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)
The Scottish Ministers	The regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010

• (5) Where regulations under this Act are subject to made affirmative procedure, the statutory instrument containing them must be laid before Parliament after being made.

• (6) Regulations contained in a statutory instrument laid before Parliament under subsection (5) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

• (7) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

• (a) Parliament is dissolved or prorogued, or

• (b) either House of Parliament is adjourned for more than four days.

• (8) If regulations cease to have effect as a result of subsection (6), that does not—

• (a) affect the validity of anything previously done under the regulations, or

• (b) prevent the making of new regulations.

• (9) Regulations under this Act may make—

• (a) different provision for different purposes or cases;

• (b) incidental, supplementary or consequential provision;

• (c) transitional or transitory provision or savings.

• (10) Regulations made by the Department of Justice in Northern Ireland under this Act may only make—

• (a) transferred provision, or

• (b) reserved provision;

and the regulations may not make reserved provision without the consent of the Secretary of State.

• (11) Regulations made by the Scottish Ministers under this Act may only make provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of the Scottish Parliament.

Interpretation

60

• (1) In this Act, each expression set out in an entry in the first column of the following table is to be read in accordance with the corresponding entry in the second column—