Legalize / United Kingdom / Public General Act

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Type Public General Act

Publication 2023-09-18

Last updated 2024-05-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Expression	Interpretation
Chief Commissioner	The Commissioner appointed under section 2(3)(a).
chief officer	This means— the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); the Commissioner of Police of the Metropolis; the Commissioner of Police for the City of London; the chief constable of the Police Service of Scotland; the chief constable of the Ministry of Defence Police; the chief constable of the British Transport Police.
Commissioner for Investigations	The Commissioner appointed under section 2(3)(b).
Commissioners	The members of the ICRIR appointed under section 2(3)(a), (b) and (c).
conduct	This has the meaning given in section 1.
conduct forming part of the Troubles	This has the meaning given in section 1.
connected Troubles-related offence	This has the meaning given in section 1.
event forming part of the Troubles	This has the meaning given in section 1.
excepted matter	This has the meaning given by section 4(1) ofthe Northern Ireland Act 1998.
final report	A report under section 15 on the findings of a review of a death or a review of other harmful conduct forming part of the Troubles.
financial year	This has the meaning given in section 2(14).
GCHQ	This has the same meaning as in the Intelligence Services Act 1994.
His Majesty’s forces	This has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
historical record	This has the meaning given in section 2(5)(f).
the ICRIR	The Independent Commission for Reconciliation and Information Recovery.
ICRIR contractor	A person providing, or being employed in the provision of, goods or services for the purposes of the ICRIR.
ICRIR officers	This has the meaning given in section 3(4).
immunity function	The function of determining whether to grant persons immunity from prosecution conferred by section 2(5)(d).
immunity requests panel	The panel formed in accordance with section 22.
inspector of constabulary for Northern Ireland	An inspector of constabulary for NorthernIreland (appointed under section 41 of thePolice (Northern Ireland) Act 1998).
legislation	Primary legislation and subordinate legislation.
national authority	This means has the meaning given in section 58(3)
Northern Ireland affairs	This has the meaning given in section 1.
other harmful conduct forming part of the Troubles	This has the meaning given in section 1.
period of operation of the ICRIR	The period beginning with the day on which section 2(5) comes into force.
police force in Great Britain	This means— a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); the metropolitan police force; the City of London police force; the Police Service of Scotland; the Ministry of Defence Police; the British Transport Police.
prejudicial information	Information which, if disclosed generally, would risk putting, or would put, the life or safety of any person at risk.
primary legislation	This means— Northern Ireland legislation (which has the meaning given in section 24(5) of the Interpretation Act 1978); an Act of Parliament; an Act of the Scottish Parliament; a Measure or Act of Senedd Cymru.
protected international information	Information which— was supplied to any person by, or by an agency of, the government of a country or territory outside the United Kingdom, and if disclosed generally might, in the opinion of the Secretary of State, damage international relations.
PSNI	The Police Service of Northern Ireland.
relevant authority	This means— the Chief Constable of the PSNI; the chief officer of a police force in Great Britain; the Police Ombudsman for Northern Ireland; the Director General of the Independent Office for Police Conduct; the Police Investigations and Review Commissioner; any Minister of the Crown (which has the same meaning as in the Ministers of the Crown Act 1975 — see section 8 of that Act); the Security Service; the Secret Intelligence Service; GCHQ; any other department of the United Kingdom government (including a non-ministerial department); a Northern Ireland department; the Scottish Ministers; any of His Majesty’s forces.
request for a review	A request for a review under section 9 or 10.
reserved matter	This has the meaning given by section 4(1) ofthe Northern Ireland Act 1998.
reserved provision	Provision which (if contained in a Bill for an Act of the Northern Ireland Assembly) would result in the Bill requiring the consent of the Secretary of State under section 8(b) of the Northern Ireland Act 1998.
review function	The function of carrying out reviews conferred by section 2(5)(a) and (b).
sensitive information	This means information of the following kinds.
sensitive information	Information which, if disclosed generally, would risk prejudicing, or would prejudice, the national security interests of the United Kingdom.
sensitive information	Information which has been supplied (whether to the person currently holding the information or to some other person) by— the Security Service, the Secret Intelligence Service, GCHQ, or any part of the following bodies which engages in intelligence activities— His Majesty’s forces; the Ministry of Defence; the PSNI; a police force in Great Britain.
serious physical or mental harm	This has the meaning given in section 1.
serious Troubles-related offence	This has the meaning given in section 1.
subject to affirmative procedure	This has the meaning given in section 59(3).
subject to negative procedure	This has the meaning given in section 59(4).
subordinate legislation	An instrument made under primary legislation
transferred matter	This has the meaning given by section 4(1) of the Northern Ireland Act 1998.
transferred provision	This means provision which— would be within the legislative competence of the Assembly if it were contained in an Act of the Northern Ireland Assembly, and would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted matter or reserved matter.
transferred provision	Here— “ancillary” has the meaning given insection 6(3) of the Northern Ireland Act 1998; a reference to provision dealingwith a matter is to be read in accordance withsection 98(2) of the Northern Ireland Act 1998.
the Troubles	This has the meaning given in section 1.
Troubles-related offence	This has the meaning given in section 1.

(2) A reference in this Act to the day on which a provision of this Act comes into force is, in a case where that provision comes into force at different times for different purposes, a reference to the day on which that provision comes into force for all purposes.

Application to the Crown

61

This Act binds the Crown.

Extent

62

(1) This Act extends to Northern Ireland, England and Wales, and Scotland.

(2) But that is subject to subsections (3) to (6).

(3) An amendment or repeal has the same extent as the provision amended or repealed.

(4) Sections 46 and 47 extend to Northern Ireland only.

(5) Paragraph 2(2) of Schedule 11 extends to England and Wales only.

(6) Part 4 extends to Northern Ireland only.

Commencement

63

(1) The following provisions come into force on the day on which this Act is passed—

(a) Part 1;

(b) section 47(5);

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) sections 43, 46 and 47 (except for subsection (5))

(b) Part 2 of Schedule 13, and section 58(1) so far as it relates to that Part of that Schedule.

(3) Part 3, except for sections 43, 46 and 47, comes into force on 1 May 2024.

(4) Otherwise, this Act comes into force on such day or days as the Secretary of State may by regulations appoint.

(5) A national authority may by regulations make transitory, transitional or saving provision in connection with the coming into force of any provision of this Act.

Short title

64

This Act may be cited as the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

SCHEDULE 1

PART 1 — The ICRIR

Status

1

The ICRIR is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

Powers

2

(1) The ICRIR may do anything that it thinks necessary or expedient in connection with the exercise of its functions.

(2) In particular, the ICRIR may—

(a) enter into contracts and other agreements (whether legally binding or not), and

(b) acquire and dispose of property (including land).

(3) But the ICRIR may not borrow money.

(4) The ICRIR may make payments of, or payments towards the provision of, any remuneration, pensions, allowances, gratuities or compensation payable to, or in respect of—

(a) the Commissioners, and

(b) the ICRIR officers.

Regulation and validity of proceedings

3

(1) The ICRIR may regulate its own proceedings (including quorum).

(2) The validity of any proceedings of the ICRIR is not affected by—

(a) any vacancy in the membership of the ICRIR;

(b) any defect in the appointment of any Commissioner.

Delegation of functions and their exercise by the Commissioners

4

(1) Any function of the ICRIR may be exercised on behalf of, and in the name of, the ICRIR by—

(a) a Commissioner, or

(b) an ICRIR officer,

who has been authorised (whether generally or specifically) by the ICRIR for that purpose.

(2) Any functions conferred on a Commissioner (whether by this Act or otherwise) are to be treated as functions of the ICRIR exercisable by the Commissioner on behalf of, and in the name of, the ICRIR.

(3) A function conferred on a Commissioner is to be exercisable by the ICRIR if—

(a) there is a vacancy in the office of that Commissioner, or

(b) that Commissioner is unable to exercise the function.

(4) But that does not apply to function of the Chief Commissioner as a member of the immunity requests panel (including any function as chair of the panel).

(5) If a function is exercisable by the ICRIR in accordance with sub-paragraph (3), the ICRIR may make arrangements under sub-paragraph (1) relating to the exercise of the function.

Seal and proof of documents

5

(1) The ICRIR may have a seal.

(2) The application of the ICRIR’s seal must be authenticated by the signature of at least one of the Commissioners

(3) This paragraph does not prevent the ICRIR from acting otherwise than by a document under seal.

(4) A document purporting to be duly executed under the seal of the ICRIR must be received in evidence and treated as so executed unless the contrary is shown.

(5) A document purporting to be signed on behalf of the ICRIR by—

(a) at least one of the Commissioners, or

(b) any person who is authorised (generally or specially) for that purpose,

must be received in evidence and treated as so signed unless the contrary is shown.

Accounts and audit

6

(1) The ICRIR must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must be prepared in accordance with any directions that are given by the Treasury.

(3) The ICRIR must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as practicable after the end of the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts,

(b) send a copy of each report and certified statement to the Secretary of State, and

PART 2 — The Commissioners

Number of Commissioners

7

The Secretary of State is to determine from time to time how many other Commissioners there are to be under section 2(3)(c) (which allows for there to be between one and five of them).

Appointment

8

(1) The Commissioners are to be appointed by the Secretary of State.

(2) In exercising the power to appoint Commissioners, the Secretary of State must ensure that (as far as it is practicable) the Commissioners include one or more persons who have experience gained outside the United Kingdom that is relevant to the work of the ICRIR.

(3) A person may not be appointed as a Commissioner if—

(a) the person has been sentenced to a term of imprisonment, or given a sentence of detention, of three months or more;

(b) the person is insolvent; or

(4) A person may not be appointed as the Chief Commissioner unless—

(a) the person holds or has held high judicial office, and

(b) the Secretary of State has consulted—

(i) the relevant senior judge, and

(ii) such other persons as the Secretary of State considers appropriate.

(5) A person’s current or previous appointment as a Commissioner does not prevent the person from being appointed again as a Commissioner.

(6) But a person who has been removed from office in accordance with paragraph 12(2) and (3) may not be appointed as a Commissioner.

(7) A reference in this paragraph to a person being insolvent, or to being disqualified from being a company director, has the same meaning as in paragraph 12 (see paragraph 12(4) or (5)).

(8) The following Orders apply to the Commissioners as they apply to constables—

(a) the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (S.R. 1979/195);

(b) the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023);

(9) For the purposes of this paragraph—

“high judicial office” means office as a judge of a kind listed in an entry in the first column of this table;

“relevant senior judge”, in relation to a person who holds or has held an office listed in such an entry, means the person listed in the corresponding entry in the second column of this table; and, in the case of a person who has previously held two or more different kinds of high judicial office (but no longer holds any kind of high judicial office), the relevant senior judge is to be identified by reference to the kind of high judicial office which the person ceased to hold most recently— high judicial officerelevant senior judge Judge of the Supreme Court of the United Kingdom or Lord of Appeal in OrdinaryPresident of the Supreme Court of the United KingdomJudge of the Court of Appeal in Northern IrelandThe Lord Chief Justice of Northern IrelandJudge of the High Court in Northern IrelandThe Lord Chief Justice of Northern IrelandJudge of the Court of Appeal in England and WalesThe Lord Chief Justice of England and WalesJudge of the High Court in England and WalesThe Lord Chief Justice of England and WalesJudge of the Court of SessionThe Lord President of the Court of Session

Person holding public elected position not to be a Commissioner

9

(1) A person who holds a relevant office may not be appointed as a Commissioner.

(2) A person ceases to be a Commissioner if the person begins to hold a relevant office.

(3) A reference in this Schedule to a person who holds a relevant office is a reference to a person who is—

(a) a member of the Northern Ireland Assembly;

(b) a councillor (within the meaning of the Local Government Act (Northern Ireland) 2014 — see section 126(1) of that Act);

(d) a member of a council established under—

(i) section 2 of the Local Government Act 1972 (councils in England outside London), or

(ii) paragraph 1(2) of Schedule 2 to that Act (London borough councils);

(e) a member of the Common Council of the City of London;

(f) a member of a council established under section 21 of the Local Government Act 1972 (councils in Wales);

(g) a member of the Scottish Parliament;

(h) a councillor of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(i) a member of the Dáil Éireann (House of Representatives of Ireland);

(j) a member of the Seanad Éireann (Senate of Ireland);

(k) a member of a city council, county council or city and county council in Ireland;

(l) a member of the European Parliament from any member State.

Terms of appointment of Commissioners

10

(1) The appointment of a person as a Commissioner is for a term which—

(a) is of a duration, not exceeding five years, determined by the Secretary of State,

(b) begins with the day determined by the Secretary of State, and

(2) The other terms of a person’s appointment as a Commissioner are to be determined by the Secretary of State.

(3) The Secretary of State may pay a person compensation on ceasing to be a Commissioner if it appears to the Secretary of State that there are special circumstances which make it right for the person to receive the compensation.

Conflicts of interest

11

(1) The Secretary of State may require—

(a) a Commissioner, or

(b) a person who is being considered for appointment as a Commissioner,

to provide the Secretary of State with information about any relevant matter.

(2) In this paragraph “relevant matter” means any matter which might reasonably be expected to—

(a) give rise to a conflict of interest in respect of a person’s work as a Commissioner, or

(b) otherwise affect a person’s ability to carry out the work as a Commissioner fairly and impartially.

Resignation and removal of Commissioners

12

(1) A person ceases to be a Commissioner if the person gives the Secretary of State written notice of resignation.

(2) The Secretary of State may call on a Commissioner to resign—

(a) if the Commissioner is convicted of an offence and sentenced to a term of imprisonment;

(b) if the Commissioner is insolvent; or

(3) If the Secretary of State calls on a Commissioner to resign, the Commissioner must resign—

(a) on the date specified by the Secretary of State, or

(b) on any earlier date which the Commissioner agrees with the Secretary of State.

(4) For the purposes of this paragraph a person is “insolvent” if—

(a) the person has become bankrupt or is an undischarged bankrupt;

(b) the person has become the subject of a bankruptcy restrictions order;

(d) the person has made a composition or arrangement with his or her creditors, or granted a trust deed for his or her creditors;

(e) under the law of Scotland, the person’s estate has been sequestrated and the person has not been discharged.

(5) For the purposes of this paragraph a person is “disqualified from being a company director” if the person is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)),

(b) any order, undertaking or other provision under the law of England and Wales or Scotland that has a corresponding effect,

(d) any order, undertaking or other provision under the law of England and Wales or Scotland that has a corresponding effect.

PART 3 — The Chief Commissioner

Delegation of functions

13

(1) The Chief Commissioner may authorise—

(a) any other Commissioner, or

(b) any ICRIR officer,

to do any act which the Chief Commissioner may do.

(2) But that does not apply to any act to be done by the Chief Commissioner as a member of the immunity requests panel (including any to be done as chair of the panel).

(3) An authorisation under this paragraph may be given generally or specially.

PART 4 — The Commissioner for Investigations

Delegation of functions

14

(1) The Commissioner for Investigations may authorise—

(a) any other Commissioner, or

(b) any ICRIR officer,

to do any act which the Commissioner for Investigations may do.

(2) But no authorisation under sub-paragraph (1) may be given in relation to any function of the Commissioner for Investigations under section 6(2).

(3) An authorisation under this paragraph may be given generally or specially.

No limitation on trade union activity

15

The Commissioner for Investigations is not to be regarded as in police service for the purposes of—

(a) Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12));

(b) Article 243 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

(d) section 200 of the Employment Rights Act 1996.

PART 5 — ICRIR officers

Designations and designated ICRIR officers

16

The ICRIR is to determine—

(a) the number of employed ICRIR officers; and

(b) the terms of their employment.

Seconded ICRIR officers

17

(1) Seconded ICRIR officers are under the direction and control of the ICRIR in the same way as employed ICRIR officers.

(2) In the case of the secondment of a member of a police force to be a seconded ICRIR officer—

(a) arrangements for the secondment are to be made with the chief officer of that police force; and

(b) the arrangements must provide for the ICRIR to pay the policing body responsible for that police force the amount that is specified in, or determined in accordance with, the arrangements.

(3) If a seconded ICRIR officer is a constable in any police force, the powers and privileges which that person has by virtue of being a constable are not exercisable in Northern Ireland—

(a) from the time when the person becomes an ICRIR officer;

(b) but are revived if the person—

(i) ceases to be an ICRIR officer, and

(ii) returns to service as a constable.

(4) Sub-paragraph (3) ceases to apply to a person who resigns from, or otherwise ceases to hold, the office of constable.

(5) Service as a seconded ICRIR officer is—

(a) relevant service for the purposes of section 27 of the Police (Northern Ireland) Act 1998 (members of the PSNI engaged on other police service), if the person seconded is a member of the PSNI,

(b) relevant service for the purposes of section 97 of the Police Act 1996 (police officers engaged on service outside their force), if the person seconded is a member of a police force as defined in section 101 of that Act), and

(c) temporary service outwith the Police Service of Scotland under section 15(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), if the person seconded is a constable in the Police Service of Scotland.

(6) If a member of the PSNI is a seconded ICRIR officer, the application of—

(a) section 35 of the Police (Northern Ireland) Act 1998, or

(b) any provision under the law of England and Wales or Scotland that has a corresponding effect,

to the person does not affect the person’s ability, as an ICRIR officer, to be a member of any trade union or association.

(7) In this paragraph—

“chief officer” means— the Chief Constable of the PSNI, in the case of the secondment of a member of the PSNI, or the chief officer of a police force in Great Britain, in the case of the secondment of a member of the force;

“police force” means— the PSNI, or a police force in Great Britain;

“policing body responsible for” a police force means— in the case of the PSNI, the Northern Ireland Policing Board; in the case of a police force maintained under section 2 of the Police Act 1996, the Police and Crime Commissioner for the police area for which that force is maintained; in the case of the metropolitan police force, the Mayor’s Office for Policing and Crime; in the case of the City of London police force, the Common Council of the City of London as police authority for the City of London police area; in the case of the Police Service of Scotland, the Scottish Police Authority; in the case of the Ministry of Defence Police, the Secretary of State; in the case of the British Transport Police, the British Transport Police Authority.

Persons holding public elected positions not to be ICRIR officers

18

(1) A person who holds a relevant office may not become an ICRIR officer.

(2) A person ceases to be an ICRIR officer if the person begins to hold a relevant office.

(3) For the meaning of references in this paragraph to holding a relevant office, see paragraph 9(3).

(4) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 9).

Rehabilitation of offenders

19

(1) The following Orders apply to ICRIR officers as they apply to constables—

(a) the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (S.R. 1979/195);

(b) the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023);

(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 8(8)).

Liability for unlawful conduct

20

(1) The ICRIR may, in such cases and to such extent as appear to the ICRIR to be appropriate, pay—

(a) any damages, or any costs or, in Scotland, expenses, awarded against an ICRIR officer in proceedings for any unlawful conduct of that ICRIR officer;

(b) any costs or, in Scotland, expenses incurred and not recovered by an ICRIR officer in such proceedings; and

(2) The ICRIR may make arrangements for the legal representation of any ICRIR officer in any proceedings mentioned in sub-paragraph (1).

(3) The Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)), and any provision under the law of England and Wales or Scotland that has a corresponding effect, does not require insurance to be effected by the ICRIR.

(4) The ICRIR is liable for the unlawful conduct of a person which occurs when the person is acting, or purporting to act, as a seconded ICRIR officer in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.

(5) If the unlawful conduct is a tort, the ICRIR is accordingly to be treated as a joint tortfeasor.

No limitation on trade union activity

21

(1) An ICRIR officer is not to be regarded as in police service for the purposes of—

(a) Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995;

(b) Article 243 of the Employment Rights (Northern Ireland) Order 1996;

(d) section 200 of the Employment Rights Act 1996.

(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 15).

Meaning of “employed” and “seconded” ICRIR officer

22

In this Part—

“employed ICRIR officer” means a person employed as an ICRIR officer under section 3(1);

“seconded ICRIR officer” means a person seconded as an ICRIR officer under section 3(2).

SCHEDULE 2

Designations and designated ICRIR officers

1

In this Schedule—

“designated” means designated under section 6(1) or (2) (and “designation” is to be read accordingly);

“designated ICRIR officer” means an ICRIR officer who is designated;

“operational powers” means the powers and privileges which a designated ICRIR officer has by virtue of a designation;

“powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;

“powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;

“powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea.

Effect of designation

2

(1) A designated ICRIR officer has—

(a) in Northern Ireland and the adjacent United Kingdom waters, all the powers and privileges of a Northern Ireland constable;

(b) in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable;

(2) But that is subject to—

(a) section 6(3), and

(b) paragraphs 3 and 4.

Exercise of the powers and privileges of a Scottish constable

3

(1) A designated ICRIR officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases.

(2) The first case is where—

(a) a Scottish general authorisation is in force, and

(b) the powers and privileges are exercised in accordance with that authorisation.

(3) The second case is where—

(a) a Scottish operational authorisation is in force in relation to a particular operation, and

(b) the powers and privileges are exercised—

(i) in connection with that operation, and

(ii) in accordance with that authorisation.

(4) In this paragraph—

“Scottish general authorisation” means an agreement between— the Commissioner for Investigations, and the Scottish Ministers, about the exercise of the powers and privileges of Scottish constables by designated ICRIR officers;

“Scottish operational authorisation” means an agreement between— the Commissioner for Investigations, and an officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable, about the exercise of the powers and privileges of Scottish constables by designated ICRIR officers in connection with a particular operation.

Limitations

4

(1) A designation may be made subject to any limitations specified in the designation.

(2) In particular, a designation may include—

(a) limitations on which operational powers the designated ICRIR officer has;

(b) limitations on the purposes for which the designated ICRIR officer may exercise operational powers which that person has.

(3) This paragraph does not apply to the designation of the Commissioner for Investigations under section 6(1).

Duration of designation

5

(1) A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.

(2) But that is subject to any modification or withdrawal of the designation.

(3) This paragraph does not apply to the designation of the Commissioner for Investigations under section 6(1).

Evidence of designation

6

(1) A designated ICRIR officer must produce evidence of the designation if—

(a) that ICRIR officer exercises, or purports to exercise, any operational power in relation to another person in reliance on the designation, and

(b) the other person requests that ICRIR officer to produce such evidence.

(2) If the designated ICRIR officer fails to produce such evidence, that failure does not make the exercise of the operational power invalid.

Territorial restrictions

7

Any power or privilege of a constable is, when exercisable by a designated ICRIR officer, subject to any territorial restrictions on its exercise to which it is subject when exercisable by a constable.

Powers exercisable under warrant

8

(1) This paragraph applies to legislation if it provides for the issuing of warrants which authorise a constable to exercise any power or privilege of a constable.

(2) For the purpose of enabling a designated ICRIR officer to exercise that power or privilege, the legislation has effect as if the designated ICRIR officer were a constable.

Direction and control of ICRIR officers exercising powers in Scotland

9

The ICRIR must ensure that any instruction given by the Lord Advocate or procurator fiscal in relation to the investigation of offences is complied with when designated ICRIR officers are exercising the powers and privileges of Scottish constables.

Modification of references

10

If a power or privilege of a constable is exercisable by any ICRIR officer, a reference to a constable in any legislation which relates to that power or privilege is to be taken to be, or to include, a reference to any ICRIR officer by whom that power or privilege is exercisable.

Assaulting a designated ICRIR officer

11

(1) Any person who assaults—

(a) a designated ICRIR officer in the execution of that ICRIR officer’s duty, or

(b) a person assisting a designated ICRIR officer in the execution of that ICRIR officer’s duty,

is guilty of an offence.

(2) Sub-paragraph (1)(a) does not apply to an assault on a designated ICRIR officer under the law of England and Wales (instead see section 1 of the Emergency Workers (Offences) Act 2018).

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

(a) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 2 years or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in England and Wales, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both;

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

(4) In this paragraph, the references to the execution of the duty of a designated ICRIR officer are references to—

(a) the exercise of a power or privilege conferred by the designation of the ICRIR officer;

(b) the performance of a duty imposed by the designation of the ICRIR officer.

Resisting, obstructing or impeding a designated ICRIR officer

12

(1) Any person who resists, obstructs or impedes—

(a) a designated ICRIR officer in the execution of that ICRIR officer’s duty, or

(b) a person assisting a designated ICRIR officer in the execution of that ICRIR officer’s duty,

is guilty of an offence.

(2) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 2 years or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both;

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

(3) In this paragraph, the references to the execution of the duty of a designated ICRIR officer are references to—

(a) the exercise of a power or privilege conferred by the designation of the ICRIR officer;

(b) the performance of a duty imposed by the designation of the ICRIR officer.

(4) In relation to an offence committed before the commencement of section 280(2) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in sub-paragraph (2)(c) to 51 weeks is to be read as a reference to one month.

Impersonating a designated ICRIR officer

13

(1) Any person (P) who, with intent to deceive—

(a) impersonates a designated ICRIR officer,

(b) makes any statement or does any act calculated falsely to suggest that P is a designated ICRIR officer, or

(c) makes any statement or does any act calculated falsely to suggest that P has powers as a designated ICRIR officer that exceed the powers that P actually has,

is guilty of an offence.

(2) A person guilty of an offence under this paragraph is liable—

(a) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 12 months or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in England and Wales, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both;

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale.

Regulations

14

(1) The power of a national authority under section 58(2) to make consequential provision includes power to make such provision as the appropriate authority considers appropriate in consequence of—

(a) designated ICRIR officers, or

(b) a description of designated ICRIR officers,

having the powers and privileges of constables in accordance with this Schedule.

(2) That provision may (in particular)—

(a) provide for designated ICRIR officers to benefit from exemptions or other protection in respect of the exercise of operational powers;

(b) provide for the disclosure of information to, or the doing of other things in relation to, designated ICRIR officers;

(d) provide for a class of ICRIR officers (whether identified by reference to a grade or pay scale or otherwise) to be treated as the equivalent of one or more ranks of the PSNI;

(e) apply (with or without modifications) any legislation or description of legislation.

SCHEDULE 3

PART 1 — Close family members

Meaning of “close family member”

1

(1) This Part of this Schedule applies for the purposes of—

(a) section 9, and

(b) Part 2 of this Schedule,

to determine whether one person (F) is a close family member of another person (D).

(2) F is a close family member of D if F—

(a) was the spouse, civil partner or co-habitee of D on the day of D’s death,

(b) is a child of D,

(d) is a brother or sister of D,

(e) is a step-child of D,

(f) was a step-parent of D on the day of D’s death or is a step-parent of D on the day on which the request for the relevant review is made,

(g) is a half-brother or half-sister of D, or

(h) is a step-brother or step-sister of D.

(3) Paragraphs 2 to 5 set out the meanings of “co-habitee”, “step-child”, “step-parent”, “step-brother” and “step-sister” for the purposes of this paragraph.

(4) In this paragraph “relevant review” means—

(a) the review for which a request is made (where this Part of this Schedule applies for the purposes of section 9), or

(b) the review to which the final report relates (where this Part of this Schedule applies for the purposes of Part 2 of this Schedule).

Co-habitee

2

F was the “co-habitee” of D on the day of D’s death if—

(a) on that day F was living in the same household as D in a relationship with D corresponding to marriage or to civil partnership, and

(b) F had been doing so for a period of at least two years ending with that day.

Step-child

3

F is a “step-child” of D if F is a child of a person—

(a) who was the spouse, civil partner or co-habitee of D on the day of D’s death, or

(b) who had ceased to be the spouse, civil partner or co-habitee of D on any day within the period of two years ending with the day of D’s death.

Step-parent

4

F was, or is, a “step-parent” of D on a particular day if F—

(a) was, or is, the spouse, civil partner or co-habitee of a parent of D on that day, or

(b) had ceased to be the spouse, civil partner or co-habitee of a parent of D on any day within the period of two years ending with that day.

Step-brother or step-sister

5

F is the “step-brother” or “step-sister” of D if F is a child of a person—

(a) who was the spouse, civil partner or co-habitee of a parent of D on day of D’s death, or

(b) who had ceased to be the spouse, partner or co-habitee of a parent of D on any day within the period of two years ending with the day of D’s death.

Interpretation

6

For the purposes of paragraph 3, 4 or 5, one person (A) is, or was, the co-habitee of another person (B) at a particular time if—

(a) at that time A is, or was, living in the same household as B in a relationship with B corresponding to marriage or to civil partnership, and

(b) A has been, or had been, doing so for a period of at least two years ending with that day.

PART 2 — Relevant family members

Meaning of “relevant family member”

7

(1) This Part of this Schedule applies for the purposes of section 15 or 17 to determine whether one person (F) is a relevant family member of another person (D) who is—

(a) in the case of a review of a death—

(i) the person to whose death the review relates,

(ii) another person killed in the relevant event, or

(iii) a person who suffered serious physical or mental harm in the relevant event and who has subsequently died; or

(b) in the case of a review of other harmful conduct—

(i) a person killed in the relevant event, or

(ii) a person who suffered serious physical or mental harm in the relevant event and who has subsequently died.

(2) F is a relevant family member of D if—

(a) F is a close family member of D whom the ICRIR has identified after taking such steps as the ICRIR considers reasonable, or

(b) in a case where no close family members have been identified after taking such steps, F is another member of the family of D whom the ICRIR—

(i) has identified after taking such steps as the ICRIR considers reasonable, and

(ii) considers it appropriate to be given the opportunity to make representations under section 16(2) or (3) or section 17(4).

(3) In this paragraph “relevant event” has the same meaning as in section 15 or 17.

SCHEDULE 4

PART 1 — Failure to comply with a notice

Penalty for failure to comply

1

(1) The ICRIR may require a person to pay a penalty if the ICRIR is satisfied, on a balance of probabilities, that the person—

(a) has failed to do anything that the person is required to do by a notice under section 14, and

(b) does not have a reasonable excuse for the failure.

(2) A penalty—

(a) may not exceed £5,000;

(b) is payable to the ICRIR on demand.

Notification of penalty decision

2

(1) If the ICRIR decides to require a person to pay a penalty under this Part of this Schedule, the ICRIR must give the person a penalty notice.

(2) A penalty notice must—

(a) be in writing,

(b) state the ICRIR’s reasons for deciding to require the person to pay a penalty,

(d) specify the date on which it is given,

(e) specify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(f) specify how a penalty must be paid,

(g) include an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the ICRIR), and

(h) include an explanation of the steps the ICRIR may take to recover any unpaid penalty.

Objection to penalty decision

3

(1) The recipient of a penalty notice (the “recipient”) may object to the penalty notice by giving a notice of objection to the ICRIR.

(2) A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(d) be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

(3) Where the ICRIR receives a notice of objection, the ICRIR must consider it and—

(a) cancel the penalty,

(b) reduce the penalty,

(d) determine not to alter the penalty.

(4) After deciding how to proceed under sub-paragraph (3), the ICRIR must notify the recipient of the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the ICRIR may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying the recipient that the ICRIR has decided to cancel the penalty, must—

(a) state the amount of the penalty following the ICRIR’s consideration of the notice of objection,

(b) state the ICRIR’s reasons for the decision under sub-paragraph (3),

(c) specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

(d) specify how the penalty must be paid,

(e) include an explanation of the recipient’s rights of appeal, and

(f) include an explanation of the steps the ICRIR may take to recover any unpaid penalty.

Appeals

4

(1) A person (the “appellant”) may appeal to the court against a decision to require the person to pay a penalty under this Part of this Schedule.

(2) An appeal may be brought only if the appellant has given a notice of objection and the ICRIR has reduced, increased, or determined not to alter the penalty under paragraph 3(3).

(3) An appeal must be brought within the period of 28 days beginning with the date on which the person is notified of the ICRIR’s decision on the notice of objection under paragraph 3(4).

(4) On appeal, the court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(5) An appeal—

(a) is to be a re-hearing of the ICRIR’s decision to impose a penalty, and

(b) may be determined having regard to matters of which the ICRIR was unaware.

(6) Sub-paragraph (5)(a) has effect despite any provision of rules of court.

(7) In this regulation, a reference to “the court” is a reference—

(a) in Northern Ireland, to a county court,

(b) in England and Wales, to the county court, and

Enforcement of penalty

5

(1) This paragraph applies where a sum is payable to the ICRIR as a penalty under this Part of this Schedule.

(2) In England and Wales, the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland, the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5) Where action is taken under this paragraph for the recovery of a sum payable as a penalty under this Part of this Schedule, the penalty is—

(a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(6) The ICRIR must pay into the Consolidated Fund any penalty paid or recovered under this Part of this Schedule.

Suppression of evidence etc

6

(1) The ICRIR may give a notice to any person by—

(a) handing it to them,

(b) leaving it at their proper address, or

(2) A person’s proper address for the purposes of sub-paragraph (1) is—

(a) where that person is a body corporate, the address of its registered office or principal office;

(b) where that person is a partnership or an unincorporated association or body, the address of its principal office;

Interpretation

7

In this Part of this Schedule—

“notice of objection” means a notice given under paragraph 3(1);

“penalty notice” means a notice given under paragraph 2(1).

PART 2 — Distortion or suppression of evidence etc

Distorting evidence etc

8

(1) A person is guilty of an offence if the person does anything that is intended to have the effect of—

(a) distorting or otherwise altering any evidence, document or other thing that is produced or provided to the Commissioner for Investigations in accordance with a notice under section 14, or

(b) preventing any evidence, document or other thing from being produced or provided to the Commissioner for Investigations in accordance with a notice under section 14.

(2) A person is guilty of an offence if the person does anything that the person knows or believes is likely to have the effect described in sub-paragraph (1)(a) or (b).

Suppression of evidence etc

9

(1) A person is guilty of an offence if the person—

(a) intentionally suppresses or conceals, or

(b) intentionally alters or destroys,

a document that is, and that the person knows or believes to be, a relevant document.

(2) For that purpose a document is a “relevant document” if it is likely that the Commissioner for Investigations would (if aware of its existence) wish to be provided with it.

Institution of proceedings

10

Proceedings for an offence under paragraph 8 or 9 may be instituted—

(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Penalties

11

(1) A person who is guilty of an offence under this Part of this Schedule is liable on summary conviction to a fine not exceeding level three on the standard scale or to imprisonment for a term not exceeding the relevant maximum, or to both.

(2) In this Part of this Schedule “relevant maximum” means—

(a) in Northern Ireland, six months;

(b) in England and Wales, 51 weeks;

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in sub-paragraph (2)(b) to 51 weeks is to be read as a reference to six months.

SCHEDULE 5

PART 1 — Sexual offence, existing conviction or ongoing prosecution

Application of this Part

1

This Part of this Schedule applies if—

(a) a person (P) has requested the ICRIR to grant P immunity from prosecution (the “current request”) under section 19 and conditions A to C are met, but

(b) this Schedule prohibits a grant of immunity for an identified possible offence (see paragraphs 2 and 3).

Prohibition of grant of immunity: sexual offences

2

(1) A grant of immunity for an identified possible offence is prohibited if it is—

(a) a sexual offence, or

(b) an inchoate offence relating to a sexual offence.

(2) For the purposes of this paragraph “sexual offence” includes—

(a) rape;

(b) any offence committed by—

(i) sexual assault,

(ii) sexual activity, or

(iii) causing or inciting another person to engage in sexual activity;

(3) For the purposes of this paragraph “inchoate offence relating to a sexual offence” includes an offence of—

(a) attempting to commit a sexual offence;

(b) conspiracy to commit a sexual offence;

(d) aiding, abetting, counselling or procuring the commission of a sexual offence.

(4) The Secretary of State may, by regulations, make provision about the meaning of—

(a) “sexual offence”, or

(b) “inchoate offence relating to a sexual offence”;

for the purposes of this Part of this Schedule (including provision specifying offences which are to comprise, or to be included in, that definition).

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

Prohibition of grant of immunity: conviction or ongoing prosecution

3

(1) A grant of immunity for an identified possible offence is prohibited if—

(a) P has a conviction for the identified possible offence,

(b) P is being prosecuted for the identified possible offence, or

(c) P is being prosecuted for any other offence (whether or not a Troubles-related offence), and the immunity requests panel is satisfied that granting P immunity from prosecution for the identified possible offence would risk having, or would have, a prejudicial effect on that prosecution.

(2) For the purposes of this paragraph—

(a) P is “being prosecuted for” an offence if a public prosecution of P for the offence has begun and is continuing;

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

(c) a public prosecution of P for an offence “has begun” if a prosecutor has made the decision to prosecute P for that offence;

(d) the circumstances in which a public prosecution of P is to be regarded as continuing include circumstances where the trial which forms part of the prosecution ends without P being convicted or acquitted or any other verdict being given and either—

(i) the period for the prosecution to seek a retrial is continuing (without a retrial having been sought), or

(ii) the prosecution have sought a retrial;

(e) the circumstances in which a public prosecution of P is to be regarded as not continuing include—

(i) circumstances where the trial which forms part of the prosecution ends with P being convicted or acquitted or with another verdict being given, and

(ii) circumstances where the trial ends without P being convicted or acquitted or any other verdict being given and the period for the prosecution to seek a retrial ends without a retrial having been sought.

Grant of immunity prohibited for all identified possible offences

4

(1) If this Schedule prohibits a grant of immunity for all of the identified possible offences, the ICRIR must not grant P immunity from prosecution in relation to the current request.

(2) Accordingly, section 19(1) and (7) to (16) do not apply in relation to the current request.

Grant of immunity prohibited for some identified possible offences

5

(1) This paragraph applies if this Schedule prohibits a grant of immunity for some (but not all) of the identified possible offences.

(2) The immunity requests panel must not decide under section 19(7) that P should be granted immunity from prosecution for—

(a) any identified possible offence for which this Schedule prohibits a grant of immunity, or

(b) a description of offences that includes any identified possible offence for which this Schedule prohibits a grant of immunity.

(3) The ICRIR must not grant P immunity from prosecution for any identified possible offence for which this Schedule prohibits a grant of immunity.

(4) Section 19(7) to (13) have effect subject to this paragraph.

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

6

(1) This paragraph applies where—

(a) under section 26, a court revokes immunity from prosecution granted to a person (P) (the “revoked immunity”),

(b) P requests the ICRIR to grant P immunity from prosecution (the “new request”),

(i) is made before the revocation and is not concluded at the time of the revocation, or

(ii) is made after the revocation, and

(d) conditions A to C in section 19 are met in relation to the new request.

(2) When dealing with the new request, the duty of the immunity requests panel to decide (under section 19(7)) what immunity should be granted to P has effect subject to sub-paragraphs (3) and (4).

(3) The panel must not decide that P should be granted immunity from prosecution for any identified possible offence which was also within the scope of the revoked immunity.

(4) When the panel is determining under section 19(9) or (11)(b) a description of offences for which P should be granted immunity from prosecution, the panel must frame the description so that it does not consist of, or include, one or more offences which were also within the scope of the revoked immunity.

(5) If the panel decides in accordance with sub-paragraphs (3) and (4) that there are no offences for which P should be granted immunity—

(a) the panel must decide that P should not be granted immunity from prosecution, and

(b) the ICRIR must not grant P immunity from prosecution (and accordingly section 19(1) does not apply).

(6) For the purposes of this paragraph the new request is “concluded” when the ICRIR gives P written notice of the outcome of the request in accordance with section 19(13)(a).

SCHEDULE 6

PART 1 — Disclosures that are “permitted”

Introduction

1

Paragraphs 2 to 5 set out which disclosures of information are “permitted” for the purposes of section 30(3).

Disclosure of any information to the Secretary of State

2

A disclosure of any information by the ICRIR to the Secretary of State is permitted.

Disclosure of sensitive information to certain recipients

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;

(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

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

4

(1) A disclosure of sensitive information by the ICRIR is permitted if—

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

(b) the Secretary of State notifies the Commissioner for Investigations that the proposed disclosure is permitted.

(2) The Secretary of State must respond to a notification by the Commissioner for Investigations under this paragraph within the relevant decision period, by notifying that Commissioner that the proposed disclosure either—

(a) is permitted, or

(b) is prohibited.

(3) But the Secretary of State may notify the Commissioner for Investigations that the proposed disclosure is prohibited only if, in the Secretary of State’s view, the disclosure of the sensitive information would risk prejudicing, or would prejudice, the national security interests of the United Kingdom.

(4) If the Secretary of State notifies the Commissioner for Investigations that the proposed disclosure is prohibited—

(a) the Secretary of State must consider whether reasons for prohibiting it can be given without disclosing information which would risk prejudicing, or would prejudice, the national security interests of the United Kingdom; and

(b) if they can be given, the Secretary of State must give those reasons to the Commissioner for Investigations.

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

5

(1) A disclosure of protected international information by the ICRIR is permitted if—

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

(b) the Secretary of State notifies the Commissioner for Investigations that the proposed disclosure is permitted.

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