Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

• (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 protected international information would, or would be likely to, damage international relations.

The “relevant decision period”

6

• (1) In paragraph 4 or 5 “relevant decision period” (in relation to a proposed disclosure notified to the Secretary of State) means—

• (a) the period of 60 days beginning with the day on which the Commissioner for Investigations notifies the Secretary of State of the proposed disclosure, or

• (b) any reasonable longer period which the Secretary of State specifies, in notice given to the Commissioner for Investigations during that 60 day period, as the period which the Secretary of State wishes to take in order to make a decision whether to permit or prohibit the proposed disclosure.

• (2) But if the court directs the Secretary of State to remake a decision—

• (a) on an appeal under paragraph 9, or

• (b) on any further appeal,

“relevant decision period” means the period for remaking that decision in compliance with that direction.

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

Application of this Part

7

This Part of this Schedule applies if—

• (a) it was proposed to disclose sensitive information in a final report (the “proposed disclosure”),

• (b) the Commissioner for Investigations notified the Secretary of State of the proposed disclosure in accordance with paragraph 4(1)(a), and

• (c) the Secretary of State decided to prohibit the proposed disclosure in the final report (the “affected report”).

Affected report to include statement of Secretary of State’s decision

8

• (1) The affected report must include a statement that the Secretary of State decided to prohibit the proposed disclosure.

• (2) The statement must also set out any reasons for prohibiting the disclosure which the Secretary of State gives in accordance with paragraph 4(4).

• (3) In a case where—

• (a) the affected report includes a statement relating to the proposed disclosure in accordance with this paragraph,

• (b) an initial appeal is brought against the Secretary of State’s decision not to permit the proposed disclosure, and

• (c) the Secretary of State remakes the decision in accordance with a direction given by the court,

a new final report relating to the death or other Troubles-related circumstances must be produced in accordance with section 15.

Initial appeals

9

• (1) In this Part of this Schedule “initial appeal” means an appeal to the relevant court against the Secretary of State’s decision not to permit the proposed disclosure in the affected report.

• (2) The function of the relevant court on an initial appeal is to review the Secretary of State’s decision not to permit the proposed disclosure.

• (3) In determining an initial appeal, the relevant court must apply the principles applicable on an application for judicial review or, in Scotland, an application to the supervisory jurisdiction of the Court of Session.

• (4) On an initial appeal—

• (a) the court has the power to quash the Secretary of State’s decision;

• (b) if the court quashes the decision, it must direct the Secretary of State to remake the decision within—

• (i) the period of 60 days beginning with the day on which the court gives the direction, or

• (ii) any reasonable longer period which the court specifies (after considering any representations made by a party to the proceedings).

• (5) If the court does not exercise that power to quash the decision, it must dismiss the appeal.

Bringing an initial appeal

10

• (1) An initial appeal may be brought by—

• (a) the person who requested the review to which the affected report relates, or

• (b) a person who would be eligible to request a review (see paragraph 13(3)).

• (2) An initial appeal must be brought within the period of 28 days beginning with the day on which the affected report is published under section 17.

Further appeal against an initial appeal

11

• (1) This paragraph applies if the relevant court has determined an initial appeal.

• (2) The person who brought the initial appeal may bring an appeal in the appeal court against the determination of the initial appeal (a “further appeal”).

• (3) But that person may bring the further appeal only with the leave of—

• (a) the relevant court which determined the initial appeal, or

• (b) the appeal court.

• (4) The court may not give such leave unless satisfied that—

• (a) the further appeal would raise some important point of principle or practice, or

• (b) there is some other compelling reason for the further appeal to be heard.

Application of the Justice and Security Act 2013

12

• (1) Any proceedings on an initial appeal or a further appeal (including any proceedings before the Supreme Court) are to be treated as section 6 proceedings (within the meaning of the JSA 2013) for the purposes of sections 8 to 14 of the JSA 2013.

• (2) Sections 8 to 14 of the JSA 2013 apply in relation to proceedings treated as section 6 proceedings by sub-paragraph (1) as if—

• (a) the Secretary of State were the relevant person, and

• (b) the references to the interests of national security in sections 8, 11 and 13 of the JSA 2013 were references to the interests of national security or the interests of the international relations of the United Kingdom.

• (3) But sections 8 to 14 of the JSA 2013, and rules of court relating to section 6 proceedings, do not prevent an appeal under this paragraph from being considered in the presence of—

• (a) the Commissioner for Investigations,

• (b) another ICRIR officer nominated by the Commissioner for Investigations, or

• (c) a legal representative of the ICRIR.

Interpretation

13

• (1) In this Part of this Schedule—

• “affected report” has the meaning given in paragraph 7(c);

• “appeal court” means— the Court of Appeal in Northern Ireland, the Court of Appeal in England and Wales, or the Inner House of the Court of Session;

• “further appeal” has the meaning given in paragraph 11;

• “initial appeal” has the meaning given in paragraph 9;

• “JSA 2013” means the Justice and Security Act 2013;

• “proposed disclosure” has the meaning given in paragraph 7(a);

• “relevant court” means— the High Court in Northern Ireland, the High Court in England and Wales, or the Outer House of the Court of Session.

• (2) Expressions used in this Part of this Schedule and in sections 9 to 15 have the same meanings in this Part as in those sections.

• (3) For the purposes of bringing an initial appeal a person “would be eligible to request a review” if, at the time of bringing the initial appeal, the person would be entitled to make a request under—

• (a) section 9 for a review of the death to which the affected report relates, or

• (b) section 10 for a review of the other Troubles-related circumstances to which the affected report relates;

and, in determining whether the person would be entitled to make the request, the fact that a review has already been requested must be ignored.

• (4) The following provisions apply to a determination (for the purposes of sub-paragraph (3)) of whether a person would be entitled to make a request under section 9.

• (5) In the case of a request under section 9(2), it is for the relevant court (rather than the Commissioner for Investigations) to decide the person’s entitlement to make the request (and accordingly section 9(7) does not apply).

• (6) In determining for the purposes of this Schedule whether a person is, under Schedule 3, a close family member of D, paragraph 1(2) of Schedule 3 has effect as if the following provision were substituted for paragraph (f)—

(f) was a step-parent of D on the day of D’s death or is a step-parent of D on— (i) the day on which the request for the review is made, or (ii) the day when the initial appeal is brought;

.

SCHEDULE 7

Current and former Commissioners, ICRIR officers and ICRIR contractors

1

• (1) A person who is, or has ceased to be, a Commissioner, ICRIR officer or ICRIR contractor commits an offence if—

• (a) the person discloses information which the person obtained as a Commissioner, ICRIR officer or ICRIR contractor, and

• (b) the disclosure would, if it had been made by the ICRIR, have constituted a breach of a relevant prohibition on disclosure.

• (2) It does not matter whether the disclosure of information occurs within or outside the United Kingdom.

• (3) This paragraph does not apply to the communication of information by a person to another person in that other person’s capacity as a Commissioner, ICRIR officer, or ICRIR contractor.

• (4) It is a defence for a person charged with an offence under this paragraph to prove that at the time of the alleged offence the person did not know, and had no reasonable cause to believe, that the disclosure would, if it had been made by the ICRIR, have constituted a breach of a relevant prohibition on disclosure.

Penalties

2

A person guilty of an offence under this Schedule 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.

Interpretation

3

In this Schedule—

• “relevant prohibition on disclosure” is a prohibition on disclosure of information imposed by section 30(2)— where any of prohibitions A to C applies (see section 30(4) to (6)), or where prohibition D applies (see section 30(7)) because the disclosure contravenes the duty imposed by section 4(1)(a) or (b).

SCHEDULE 8

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

1

• (1) The Commissioner for Investigations must, from time to time, identify any information held by the ICRIR which (in that Commissioner’s opinion) is—

• (a) sensitive information, or

• (b) prejudicial information.

• (2) That duty does not require the Commissioner for Investigations to identify information as sensitive information, or as prejudicial information, if (in accordance with paragraph 2 or 3) a relevant authority has notified the Commissioner for Investigations that that authority has identified the information as that kind of information.

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

Information made available by a relevant authority

2

• (1) This paragraph applies if a relevant authority is proposing to make any information available to the ICRIR (whether in accordance with section 5 or otherwise).

• (2) The relevant authority must identify any of the information which, in the relevant authority’s opinion, is—

• (a) sensitive information, or

• (b) prejudicial information.

• (3) When making the information available to the ICRIR, the relevant authority must notify the Commissioner for Investigations of any of the information which the relevant authority has identified in accordance with this paragraph.

Information made available by other persons

3

• (1) This paragraph applies if a person other than a relevant authority—

• (a) is proposing to make any information available to the ICRIR, or

• (b) has made any information available to the ICRIR.

• (2) A relevant authority may identify any of the information which (in the relevant authority’s opinion) is—

• (a) sensitive information, or

• (b) prejudicial information.

• (3) The relevant authority must notify the Commissioner for Investigations of any of the information which that relevant authority has identified in accordance with this paragraph.

Notifications under this Schedule

4

A notification of information under paragraph 2 or 3 must include a statement of whether, in the relevant authority’s opinion, the information would, if disclosed generally, be—

• (a) sensitive information,

• (b) prejudicial information, or

• (c) information of both of those kinds.

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

5

The Secretary of State may notify the Commissioner for Investigations of—

• (a) any information held by the ICRIR, or

• (b) any information which any person is proposing to make available to the ICRIR,

which, in the Secretary of State’s opinion, is protected international information.

SCHEDULE 9

Actions that contravene a section 43 prohibition

1

In this Schedule a reference to an action that contravenes a section 43 prohibition is a reference to a relevant Troubles-related civil action that—

• (a) is being continued in contravention of the prohibition in section 43(1), or

• (b) has been brought in contravention of the prohibition in subsection 43(2).

Right of the Secretary of State to intervene

2

• (1) This paragraph applies to an action if—

• (a) sufficient evidence is adduced to raise an issue as to whether it is an action that contravenes a section 43 prohibition, or

• (b) it otherwise appears to the court that it may be an action that contravenes a section 43 prohibition.

• (2) The Secretary of State is entitled to be given notice, in accordance with rules of court, that it may be an action that contravenes a section 43 prohibition.

• (3) The Secretary of State (or a person nominated by the Secretary of State) is entitled, on giving notice in accordance with rules of court, to be joined as a party to the action.

• (4) Notice under sub-paragraph (3) may be given at any time during proceedings relating to the action.

• (5) A person who has been made a party to the action as the result of a notice under sub-paragraph (3) may take part in proceedings so far as they concern the question of whether it is an action that contravenes a section 43 prohibition.

Determination by the court

3

• (1) This paragraph applies to an action if sufficient evidence is adduced to raise an issue as to whether it is an action that contravenes a section 43 prohibition.

• (2) The court must determine the question of whether it is an action that contravenes a section 43 prohibition in accordance with this paragraph.

• (3) The court must assume that it is an action that contravenes the section 43 prohibition unless it is proved that the action does not do so.

• (4) If the court determines that it is an action that contravenes the section 43 prohibition, the court must dismiss the action.

• (5) But the powers of a court in relation to the determination or recovery of costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action are not affected by that obligation to dismiss the action.

• (6) Accordingly, the court may comply with that obligation by dismissing the action subject to determination or recovery of costs or expenses.

• (7) The court—

• (a) must determine the question of whether it is an action that contravenes a section 43 prohibition before considering any other question arising in the action;

• (b) must not, in the proceedings to determine the question of whether it is an action that contravenes a section 43 prohibition, consider any other question arising in the action.

• (8) But sub-paragraph (7) is subject to the following exceptions—

• (a) the court may consider—

• (i) the question of whether it is an action that contravenes a section 43 prohibition, and

• (ii) any question of limitation law arising in the action,

in the same proceedings;

• (b) the court need not comply with sub-paragraph (7)(a), or with sub-paragraph (7)(b), if the court considers that there are exceptional reasons for not complying with it.

• (9) In this paragraph “question of limitation law” means a question relating to—

• (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,

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

• (g) any other legislation relating to limitation of actions.

Appeals etc

4

• (1) This paragraph applies if, in accordance with paragraph 3, the court determines the question of whether an action contravenes a section 43 prohibition.

• (2) Section 43 does not stop any proceedings which relate to, or arise out of, the determination, including any appeal or proceedings for costs (in Northern Ireland or England and Wales) or expenses (in Scotland), from being begun or continued.

SCHEDULE 10

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

1

• (1) Section 43(1) and (2) do not apply to any action which involved prior cross-border mediation.

• (2) Accordingly, in relation to such an action, section 43 has effect as if subsections (1) and (2) were replaced with these provisions—

(1) An action which involved prior cross-border mediation that was brought on or after the later of— (a) the end of the relevant post-mediation period, and (b) the day of the First Reading in the House of Commons of the Bill for this Act, may not be continued on or after the day on which section 43 comes into force. (2) An action which involved prior cross-border mediation may not be brought on or after the day on which section 43 comes into force, unless the action is brought before the end of the relevant post-mediation period.

• (3) A reference in section 43(7) or (8) to section 43(1) or (2) accordingly includes a reference to the corresponding provision contained in sub-paragraph (2).

Interpretation

2

• (1) In this Schedule (including the modification of section 43 made by paragraph 1(2))—

• “action which involved prior cross-border mediation” means a relevant Troubles-related civil action if the matter in dispute in the action has been subject to cross-border mediation in accordance with transitional EU law;

• “relevant post-mediation period”, in relation to such an action, means the period of eight weeks after the cross-border mediation ends;

• “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.

• (2) “Relevant Troubles-related civil action” has the same meaning as in section 43.

• (3) The “matter in dispute” in a relevant Troubles-related civil action is the claim (referred to in section 43(4)) which arises out of conduct forming part of the Troubles and which the action is to determine.

• (4) The matter in dispute has been “subject to cross-border mediation in accordance with transitional EU law” if it is within case A or case B below.

• (5) Case A: a case where the 2008 Mediation Directive applies to the matter in dispute by virtue of point (i) or (ii) of Article 69(1)(b) of the EU withdrawal agreement (cases where, before the end of the transition period, the parties had agreed, or been ordered, to use mediation).

• (6) In such a case, the “cross-border mediation ends” when the mediation referred to in point (i) or (ii) of Article 69(1)(b) ends.

• (7) Case B: a case where—

• (a) the 2008 Mediation Directive applies to the matter in dispute by virtue of point (iii) of Article 69(1)(b) of the EU withdrawal agreement (cases where, before the end of the transition period, a court had invited the parties to use mediation), and

• (b) mediation of the matter in dispute starts (whether it starts before, on, or after the day of the First Reading in the House of Commons of the Bill for this Act, including where it starts on or after the day on which section 43 comes into force).

• (8) In such a case, the “cross-border mediation ends” when that mediation ends.

• (9) A mediation—

• (a) “starts” when it would have started for the purposes of the corresponding limitation provision;

• (b) “ends” when it would have ended for the purposes of the corresponding limitation provision.

• (10) The “corresponding limitation provision” is—

• (a) Article 51A of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (see, in particular, Article 51A(3) of that Order), if—

• (i) that Order,

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

• (iii) the Merchant Shipping Act 1995,

is the limitation legislation that is ordinarily applicable;

• (b) section 33A of the Limitation Act 1980 (see section 33A(6) to (8) of that Act), if—

• (i) that Act, or

• (ii) the Merchant Shipping Act 1995,

is the limitation legislation that is ordinarily applicable;

• (c) section 1A of the Foreign Limitation Periods Act 1984 (see section 1A(5) to (7) of that Act), if that Act is the limitation legislation that is ordinarily applicable;

• (d) section 19F of the Prescription and Limitation (Scotland) Act 1973 (see, in particular, section 19F(3) of that Act), if—

• (i) that Act, or

• (ii) the Merchant Shipping Act 1995,

is the limitation legislation that is ordinarily applicable.

• (11) Accordingly—

• (a) Article 51A of the 1989 Order, section 33A of the 1980 Act, and section 1A of the 1984 Act (which were repealed by Schedule 1 to the 2019 Regulations) continue to have effect for the purposes of this Schedule (in addition to the purposes for which they continue to have effect under regulation 5 of the 2019 Regulations);

• (b) section 19F of the 1973 Act (which was repealed by regulation 2 of the the 2020 Regulations) continues to have effect for the purposes of this Schedule (in addition to the purposes for which it continues to have effect under regulation 7 of the 2020 Regulations).

• (12) An Order or Act is “the limitation legislation that is ordinarily applicable” if the time limit for bringing the action which involved prior cross-border mediation was, or would be (in the absence of section 43), given in that Order or Act (see section 43(6)).

• (13) The “2019 Regulations” are the Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469).

• (14) The “2020 Regulations” are the Civil and Family Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (S.S.I. 2020/441).

SCHEDULE 11

PART 1 — England and Wales: investigations and inquests

Coroners and Justice Act 2009

1

• (1) After section 11 of the Coroners and Justice Act 2009 insert—

(11A) Schedule 1A makes provision about investigations and inquests into Troubles-related deaths.

• (2) After Schedule 1 to that Act insert—

SCHEDULE 1A (1) (1) This paragraph applies to an investigation into a death that resulted directly from the Troubles if, on 1 May 2024, a senior coroner was under a duty to conduct the investigation unless, on that day, the only part of the investigation that remains to be carried out is the coroner or any jury making the determination and any findings required by section 10, or something subsequent to that. (2) On and after that day a coroner must not progress the conduct of— (a) the investigation, or (b) the inquest. (3) As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue— (a) the investigation, and (b) the inquest, including by discharging any jury that has been summoned. (4) Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph. (2) (1) This paragraph applies on and after the day on which paragraph 1(2) of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force. (2) The duty under section 1(1) is not to begin to apply to a senior coroner in respect of a death that resulted directly from the Troubles. (3) A senior coroner (A) must not make a request under section 2 for another senior coroner (B) to conduct an investigation into a death that resulted directly from the Troubles; and B must not agree to such a request. (4) The Chief Coroner must not give a direction under section 1(5) or 3 to a senior coroner to conduct an investigation into a death that resulted directly from the Troubles. (3) (1) For the purposes of this Schedule 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 of an act of violence or force, and (b) the act of violence or force was conduct forming part of the Troubles. (2) In this paragraph “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) In this Schedule— - “inquest” means the inquest that forms part of an investigation; - “investigation” means an investigation under this Part.

Coroners Act 1988

2

• (1) In section 13 of the Coroners Act 1988 (order to hold investigation), after subsection (4) insert—

(5) This section does not apply in relation to a death that resulted directly from the Troubles (which has the same meaning as in Schedule 1A to the Coroners and Justice Act 2009 — see paragraph 4 of that Schedule).

• (2) The repeal of the Coroners Act 1988 in Part 1 of Schedule 23 to the Coroners and Justice Act 2009 applies to section 13(5) of the 1988 Act as it applies to the other provisions of that Act.

PART 2 — Scotland: inquiries and investigations

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

3

• (1) After section 7 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) insert—

(7A) Schedule A1 makes provision about inquiries and investigations into Troubles-related deaths.

• (2) Before Schedule 1 to that Act insert—

SCHEDULE A1 (1) (1) This paragraph applies to an inquiry into a death that resulted directly from the Troubles if it was initiated before 1 May 2024, unless, on that day, the only part of the inquiry that remains to be carried out is the sheriff making the determination required by section 26, or something subsequent to that. (2) On and after that day, the sheriff must not progress the conduct of the inquiry. (3) As soon as practicable on or after that day, the sheriff must discontinue the inquiry. (4) If this paragraph applies to an inquiry— (a) on and after 1 May 2024, the procurator fiscal must not progress conduct of the investigation into that death required by section 1(1)(a), and (b) as soon as practicable on or after that day, the procurator fiscal must discontinue the investigation (if it has been begun). (5) Section 1(1) (procurator fiscal to investigate death and arrange inquiry) and section 1(2) (sheriff to conduct inquiry) are subject to this paragraph. (2) On and after the day the day on which paragraph 3 of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force— (a) the Lord Advocate must not exercise the functions conferred by section 4, 6 or 7 so as to cause an inquiry to be held into any death that resulted directly from the Troubles; (b) the procurator fiscal must not give the sheriff notice under section 15(1) that an inquiry is to be held into any death that resulted directly from the Troubles; and (c) further inquiry proceedings must not be held in accordance with section 30(2) in relation to a death that resulted directly from the Troubles. (3) (1) For the purposes of this Schedule 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 of an act of violence or force, and (b) the act of violence or force was conduct forming part of the Troubles. (2) In this paragraph “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) For the purposes of this Schedule an inquiry is “initiated” by the procurator fiscal giving the sheriff notice under section 15(1) that the inquiry is to be held.

SCHEDULE 12

Amendment and saving of legislation

1

• (1) The Northern Ireland (Sentences) Act 1998 is amended in accordance with this Schedule.

• (2) Those amendments do not apply in relation to any application for a declaration made to the Commissioners under section 3(1) of the Northern Ireland (Sentences) Act 1998 before this Schedule comes into force.

Qualifying offences: offences committed between 1966 and 1973

2

• (1) Section 3 (applications to the Sentence Review Commissioners) is amended in accordance with this paragraph.

• (2) After subsection (6) insert—

(6A) An offence is a qualifying offence if— (a) subsection (7) or (7A) applies to the offence, and (b) the prisoner was convicted of the offence— (i) before the day on which section 19(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 came into force, or (ii) on or after that day by virtue of a public prosecution begun before that day. (6B) For the purposes of subsection (6A)— (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.

• (3) In subsection (7)—

• (a) in the opening words, for “A qualifying offence is” substitute “This subsection applies to”;

• (b) in paragraph (a), after “committed” insert “on or after 8 August 1973 and”.

• (4) After subsection (7) insert—

(7A) This subsection applies to an offence which— (a) was committed on or after 1 January 1966 and before 8 August 1973, (b) arose out of any conduct forming part of the Troubles, and (c) is certified by the Director of Public Prosecutions for Northern Ireland as an offence which, if it had been committed in Northern Ireland on 8 August 1973, would have been a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973. (7B) In deciding whether an offence would have been a scheduled offence, the Director of Public Prosecutions for Northern Ireland must ignore the possibility of a certificate by the Attorney General for Northern Ireland that the offence was not to be treated as a scheduled offence.

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

3

• (1) In Schedule 3 (sentences passed outside Northern Ireland), paragraph 2 (equivalent offences) is amended in accordance with this paragraph.

• (2) Before sub-paragraph (1) insert—

(A1) An offence is equivalent to a qualifying offence if— (a) sub-paragraph (1) or (1A) applies to the offence, and (b) the prisoner was convicted of the offence— (i) before the day on which section 19(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 came into force, or (ii) on or after that day by virtue of a public prosecution begun before that day. (A2) For the purposes of sub-paragraph (A1)— (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.

• (3) In sub-paragraph (1)—

• (a) for “An offence is equivalent to a qualifying offence if it” substitute “This sub-paragraph applies to an offence which”;

• (b) in paragraph (a), after “committed” insert “on or after 8 August 1973 and”;

• (c) for paragraph (b) substitute—

(b) arose out of any conduct forming part of the Troubles, and

.

• (4) After sub-paragraph (1)—

(1A) This sub-paragraph applies to an offence which— (a) was committed on or after 1 January 1966 and before 8 August 1973, (b) arose out of any conduct forming part of the Troubles, and (c) is certified by the appropriate Law Officer as an offence which, if it had been committed in Northern Ireland on 8 August 1973, would have been a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973.

• (5) In sub-paragraph (2), after “sub-paragraph (1)(c)” insert “or (1A)(c)”.

Interpretation of the 1998 Act

4

After section 13 insert—

(13A) In this Act “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).

SCHEDULE 13

PART 1 — The ICRIR

Prosecution of Offences Act 1985

1

• (1) Section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions) is amended in accordance with this paragraph.

• (2) In subsection (2)—

• (a) after paragraph (ac) insert—

(ad) to take over the conduct of any criminal proceedings instituted in England and Wales by the ICRIR;

;

• (b) after paragraph (bc) insert—

(bd) where it appears to the Director appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a review by the ICRIR;

;

• (c) after paragraph (ee) insert—

(ef) to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to— (i) a review by the ICRIR; or (ii) criminal proceedings instituted in England and Wales relating to a review by the ICRIR;

.

• (3) In subsection (3), after the definition of “the court” insert—

• “ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

.

Northern Ireland Act 1998

2

• (1) The Northern Ireland Act 1998 is amended in accordance with this paragraph.

• (2) In section 75(3) (statutory equality duty on public authorities), after paragraph (b) insert—

(ba) the Independent Commission for Reconciliation and Information Recovery;

.

• (3) In section 76(7) (discrimination by public authorities), after paragraph (c) insert—

(ca) the Independent Commission for Reconciliation and Information Recovery;

.

Police (Northern Ireland) Act 1998

3

After section 60ZC of the Police (Northern Ireland) Act 1998 insert—

(60ZD) (1) An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR. (2) Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures. (3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State. (4) Before making an order under this section the Secretary of State must consult— (a) the Ombudsman; and (b) the ICRIR. (5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section. (6) No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland. (7) In this section— - “ICRIR” means the Independent Commission for Reconciliation and Information Recovery; - “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Freedom of Information Act 2000

4

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), Part 6 (other public bodies and offices: general), at the appropriate place insert—

• The Independent Commission for Reconciliation and Information Recovery.

Justice (Northern Ireland) Act 2002

5

• (1) Section 31 of the Justice (Northern Ireland) Act 2002 is amended in accordance with this paragraph.

• (2) After subsection (1) insert—

(1A) The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.

• (3) In subsection (5), after “forces” insert “and to the ICRIR”.

• (4) After subsection (6) insert—

(7) In this section “ICRIR” means the Independent Commission for Reconciliation and Information Recovery.

Police Reform Act 2002

6

After section 26E of the Police Reform Act 2002 insert—

(26F) (1) The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part. (2) Where no such agreement is in force, the Secretary of State may by regulations establish such procedures. (3) An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State. (4) Before making regulations under this section the Secretary of State must consult— (a) the Director General; and (b) the ICRIR. (5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section. (6) An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers. (7) Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer. (8) In this section— - “ICRIR” means the Independent Commission for Reconciliation and Information Recovery; - “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

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

7

• (1) Article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) (agreements to establish complaints procedures) is amended as follows.

• (2) After paragraph (4) insert—

(4A) The Commissioner and the ICIRIR may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the ICRIR and ICRIR officers.

• (3) In paragraph (7), after sub-paragraph (d) insert—

(e) any statement made by a person who is, or has been, an ICRIR officer about the terms and conditions of their service;

.

• (4) In paragraph (14), after sub-paragraph (b) insert—

(c) “ICRIR” means the Independent Commission for Reconciliation and Information Recovery; (d) “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

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

8

• (1) The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) is amended as follows.

• (2) In article 3 (agreements to investigate serious incidents), after paragraph (17) insert—

(17A) The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR. (17B) A “serious incident involving the ICRIR” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).

• (3) In article 4 (investigation of crimes and deaths), after sub-paragraph (h) insert—

(i) an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).

Investigatory Powers Act 2016

9

In section 58 of the Investigatory Powers Act 2016 (section 57: meaning of excepted disclosure), in subsection (4), after paragraph (d) insert—

(e) a disclosure made to the Independent Commission for Reconciliation and Information Recovery for the purpose of facilitating the carrying out of any of the functions of the Independent Commission for Reconciliation and Information Recovery.

Data Protection Act 2018

10

In Schedule 18 to the Data Protection Act 2018, in paragraph 3 (records relating to a caution or conviction whose production must not be required in connection with employment etc), in sub-paragraph (2), after paragraph (f) insert—

(fa) the Independent Commission for Reconciliation and Information Recovery;

.

Sentencing Act 2020

11

In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023	Northern Ireland Troubles (Legacy and Reconciliation) Act 2023	Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
section 26	revocation of immunity under that Act	making of false statements

PART 2 — Limitation of legal proceedings

Prescription and Limitation (Scotland) Act 1973

12

After section 23B of the Prescription and Limitation (Scotland) Act 1973 insert—

(23C) This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Limitation Act 1980

13

After section 27C of the Limitation Act 1980 insert—

(27D) This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Foreign Limitation Periods Act 1984

14

After section 4 of the Foreign Limitation Periods Act 1984 insert—

(4A) This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

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

15

After Article 5 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)) insert—

(5A) This Order has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

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

16

After Article 73 of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

(73A) This Order has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Merchant Shipping Act 1995

17

In section 190 of the Merchant Shipping Act 1995 (time limit for proceedings against ship owner or ships), after subsection (6) insert—

(7) This section has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Meaning of “the Troubles” and other key expressions

The Independent Commission for Reconciliation and Information Recovery

ICRIR officers

Actions of the ICRIR: safeguards

Full disclosure to the ICRIR

Operational powers of ICRIR officers

Admissibility of material in criminal proceedings

Admissibility of material in civil proceedings

Requests for reviews of deaths

Requests for reviews of other harmful conduct forming part of the Troubles

Requests for reviews: general provision

Reviews in connection with requests for immunity from prosecution

Conduct of reviews

Supply of information

Production of reports on the findings of reviews

Consultation on reports

Issuing and publication of reports

Reports: general provision

Immunity from prosecution

Requests for immunity: procedural matters

Determining a request for immunity

The immunity requests panel

Personal statements by persons affected by deaths etc

Publication of personal statements

Information for prosecutors

Subsequent convictions: revocation of immunity

False statements: offence

Production of the historical record

Publication of the historical record

Disclosure of information: general power and prohibitions

The ICRIR’s use of information obtained by it

Identifying information that is subject to additional safeguards

Guidance and protocols relating to information

Regulations about the holding and handling of information

Biometric material

Review of the performance of the ICRIR’s functions

Conclusion of the work of the ICRIR

No criminal investigations except through ICRIR reviews

Grant of immunity: prohibition of criminal enforcement action

No grant of immunity: restrictions on criminal enforcement action

Other Troubles-related offences: prohibition of criminal enforcement action

General provision and saving for ongoing pre-commencement action

Tort, delict and fatal accident actions

Inquests, investigations and inquiries

Police complaints

Interim custody orders: validity

Interim custody orders: prohibition of proceedings and compensation

Prisoner release

Oral history

The memorialisation strategy

Response to the memorialisation strategy

Academic research

Annual reports

Carrying out the Troubles-related work programme

The advisory forum

Designated persons and funding

Interpretation of this Part

Consequential provision

Regulations

Interpretation

Seal and proof of documents

Extent

Commencement

Short title

Status

Powers

Regulation and validity of proceedings

Delegation of functions and their exercise by the Commissioners

Seal and proof of documents

Accounts and audit

Number of Commissioners

Appointment

Person holding public elected position not to be a Commissioner

Terms of appointment of Commissioners

Conflicts of interest

Resignation and removal of Commissioners

Delegation of functions

Delegation of functions

No limitation on trade union activity

Employed ICRIR officers

Seconded ICRIR officers

Persons holding public elected positions not to be ICRIR officers

Rehabilitation of offenders

Liability for unlawful conduct

No limitation on trade union activity

Meaning of “employed” and “seconded” ICRIR officer

Designations and designated ICRIR officers

Effect of designation

Exercise of the powers and privileges of a Scottish constable

Limitations

Duration of designation

Regulations

Territorial restrictions

Powers exercisable under warrant

Direction and control of ICRIR officers exercising powers in Scotland

Modification of references

Assaulting a designated ICRIR officer

Resisting, obstructing or impeding a designated ICRIR officer

Impersonating a designated ICRIR officer

Regulations

Meaning of “close family member”

Co-habitee

Step-child

Step-parent

Step-brother or step-sister

Interpretation

Meaning of “relevant family member”

Penalty for failure to comply

Notification of penalty decision

Objection to penalty decision

Appeals

Enforcement of penalty

Giving of notices

Interpretation

Distorting evidence etc

Institution of proceedings

Penalties

Application of this Part

Prohibition of grant of immunity: sexual offences

Prohibition of grant of immunity: conviction or ongoing prosecution

Grant of immunity prohibited for all identified possible offences

Grant of immunity prohibited for some identified possible offences

Introduction

Disclosure of any information to the Secretary of State

Disclosure of sensitive information to certain recipients

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

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

The “relevant decision period”

Application of this Part

Affected report to include statement of Secretary of State’s decision

Initial appeals

Bringing an initial appeal

Further appeal against an initial appeal

Application of the Justice and Security Act 2013

Interpretation

Current and former Commissioners, ICRIR officers and ICRIR contractors

Penalties

Interpretation

Information made available by a relevant authority

Information made available by other persons

Notifications under this Schedule

Actions that contravene a section 43 prohibition

Right of the Secretary of State to intervene

Determination by the court

Appeals etc

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

Interpretation

Coroners and Justice Act 2009

Coroners Act 1988

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

Amendment and saving of legislation

Qualifying offences: offences committed between 1966 and 1973

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

Interpretation of the 1998 Act

Prosecution of Offences Act 1985

Editorial notes