Northern Ireland Troubles Bill 2024-26 Amendments

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

8 New Clauses Proposed

Page 1

Part 1

Introductory

Introduction

(1)

This Act reforms the governance and functions of the Independent Commission

for Reconciliation and Information Recovery.

(2)

That body continues in existence but is renamed the Legacy Commission.

(3)

Part 2 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

, including Schedules 1 to 8 to that Act , is repealed.

(4)

This Act also—

(a)

makes provision about the Independent Commission on Information

Retrieval;

(b)

makes provision about inquests;

(c)

makes further provision relating to the Troubles.

Meaning of “the Troubles” and related expressions

(1)

In this Act “the Troubles” means the events and conduct that related to

Northern Ireland affairs and occurred during the period—

(a)

beginning with 1 January 1966, and

(b)

ending with 10 April 1998.

(2)

That includes any event or conduct during that period which was connected

with—

(a)

preventing,

(b)

investigating, or

(c)

otherwise dealing with the consequences of,

Page 2

any other event or conduct relating to Northern Ireland affairs.

(3)

Accordingly, in this Act an event or conduct “forming part of the Troubles”

is an event or conduct that falls within subsection (1) (including any of a kind

described in subsection (2) ).

(4)

In this Act “conduct” includes an act or an omission.

(5)

For the purposes of this Act, a death was “caused directly” by conduct forming

part of the Troubles if—

(a)

the death was wholly caused by physical injuries or physical illness,

or a combination of both, that resulted directly from an act of violence

or force, and

(b)

the act of violence or force was conduct forming part of the Troubles.

(6)

For the purposes of this section —

(a)

it does not matter if an event or conduct occurred in Northern Ireland,

in another part of the United Kingdom, or elsewhere;

(b)

“Northern Ireland affairs” means—

(i)

the constitutional status of Northern Ireland, or

(ii)

political or sectarian hostility between people in Northern

Ireland.

Part 2

The Legacy Commission

The Commission, its officers and related persons

The Legacy Commission

(1)

The Legacy Commission consists of—

(a)

the Legacy Commissioner (who is to be the chair of the Legacy

Commission),

(b)

between two and five other Commissioners,

(c)

two Directors of Investigations (see section 5 ),

(d)

the judicial panel members (see section 6 ), and

(e)

the Chief Executive Officer (see section 7 ).

(2)

The Legacy Commission’s principal functions are—

(a)

to carry out investigations under Part 3 of conduct forming part of

the Troubles that caused death or harm, and to publish reports on the

findings of those investigations;

(b)

to carry out inquisitorial proceedings under Part 4 examining the

circumstances of a person’s death, where that death was caused by

conduct forming part of the Troubles, and to publish reports on the

findings of those proceedings;

(c)

to publish personal statements under section 68 (personal statements

by persons affected by deaths etc);

Page 3

(d)

to produce and publish a record of deaths caused by conduct forming

part of the Troubles (see sections 86 and 87 ).

(3)

In exercising its functions, the Legacy Commission must have regard to the

need to secure public confidence in its work.

(4)

The Legacy Commission is to have a board (“the oversight board”) consisting

of—

(a)

the Commissioners, and

(b)

the Chief Executive Officer.

(5)

The oversight board’s principal functions are—

(a)

to set the strategic priorities and objectives for the Legacy Commission

in exercising its functions (including functions conferred on Directors

of Investigations and judicial panel members),

(b)

to scrutinise the exercise of those functions against those priorities and

objectives,

(c)

to oversee the work of Legacy Commission officers,

(d)

to authorise itself, persons mentioned in subsection (1) (a) to (e) , and

Legacy Commission officers to exercise functions conferred on the

Legacy Commission (see paragraph 5 of Schedule 1 ), and

(e)

to exercise any such functions which it has authorised itself to exercise.

(6)

The Secretary of State may make payments or provide other resources to, or in respect

of, the Legacy Commission in connection with the exercise of the Legacy Commission’s

functions.

(7)

Part 1 of Schedule 1 makes further provision about the Legacy Commission

and the oversight board.

The Commissioners

(1)

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

(2)

In exercising the power under subsection (1) , the Secretary of State must so

far as practicable ensure that one or more of the Commissioners have

experience gained outside the United Kingdom that is relevant to the work

of the Legacy Commission under Parts 3 and 4 .

(3)

Part 2 of Schedule 1 makes further provision about the Commissioners.

Directors of Investigations

(1)

The Secretary of State must appoint two persons to be Directors of

Investigations.

(2)

In exercising the power under subsection (1) , the Secretary of State must so

far as practicable ensure that—

(a)

one of the Directors has experience of conducting criminal

investigations in Northern Ireland, and

Page 4

(b)

the other Director does not have that experience but has experience

of conducting criminal investigations outside Northern Ireland.

(3)

Part 3 of Schedule 1 makes further provision about Directors of Investigations.

Judicial panel members

(1)

The Secretary of State must appoint persons to be members of the Legacy

Commission judicial panel.

(2)

A person may be appointed only if they hold or have held high judicial office

within the meaning of Part 3 of the Constitutional Reform Act 2005 (see

section 60(2) of that Act).

(3)

The Secretary of State must appoint one of the judicial panel members as the

senior judicial panel member.

(4)

Where the person appointed under subsection (3) ceases to be a judicial panel

member, they also cease to be the senior judicial panel member.

(5)

Part 4 of Schedule 1 makes further provision about judicial panel members.

Chief Executive Officer and other Legacy Commission officers

(1)

The Legacy Commission must employ a person to be, or make arrangements

for a person to be seconded to serve as, its Chief Executive Officer.

(2)

The Legacy Commission may employ other persons to be officers of the

Legacy Commission.

(3)

The Legacy Commission may make arrangements for other persons to be

seconded to serve as officers of the Legacy Commission.

(4)

In exercising the powers under subsections (2) and (3) , the Legacy Commission

must so far as practicable ensure that the officers of the Commission include—

(a)

persons who have experience of conducting criminal investigations in

Northern Ireland,

(b)

persons who do not have that experience but have experience of

conducting criminal investigations outside Northern Ireland, and

(c)

persons who are capable of providing assistance to judicial panel

members.

(5)

In this Act “Legacy Commission officers” means—

(a)

the Directors of Investigations,

(b)

the Chief Executive Officer, and

(c)

anyone else employed or seconded under this section.

(6)

Part 5 of Schedule 1 makes further provision about Legacy Commission

officers.

Page 5

Victims and Survivors Advisory Group

(1)

The Secretary of State must establish a group, to be called the Victims and

Survivors Advisory Group (“the Group”).

(2)

The Group’s purpose is to provide general advice to the Legacy Commission

and the Secretary of State about exercising their functions under this Act in

such a way as to meet the needs and uphold the rights and interests of victims

and survivors of conduct forming part of the Troubles and their family

members.

(3)

The Group is to consist of at least 3 but not more than 7 members appointed

by the Secretary of State (one of whom is to be appointed chair).

(4)

The Secretary of State must so far as practicable ensure that—

(a)

the members include—

(i)

one or more victims and survivors of conduct forming part of

the Troubles, and

(ii)

one or more persons appearing to the Secretary of State to

represent the interests of victims and survivors of such conduct,

and

(b)

membership is balanced as respects associations with the different

communities in Northern Ireland.

(5)

In this section references to victims and survivors include victims and

survivors who were members of the armed forces or a police force.

(6)

Each member is to hold and vacate office in accordance with the terms and

conditions of their appointment.

(7)

The Secretary of State must—

(a)

give the Group a document setting out proposed terms of reference

for the Group (which are to describe the scope of its work),

(b)

inform the Group of the period for making representations to the

Secretary of State about the proposed terms of reference,

(c)

when finalising the terms of reference, take account of any

representations made by the Group within that period, and

(d)

give the Group, and publish, the finalised terms of reference.

(8)

When exercising functions under this Act, the Legacy Commission and the

Secretary of State must have regard to the views given to them by the Group

in accordance with its terms of reference.

Consultation about appointments

(1)

The Secretary of State must publish a list of persons that the Secretary of

State will consult about the making of a relevant appointment.

(2)

Different lists may be published in respect of different kinds of relevant

appointment.

Page 6

(3)

The Secretary of State may revise any list published under this section (and

must publish any revised list).

(4)

Before making a relevant appointment, the Secretary of State must consult

the persons appearing on the relevant list.

(5)

In this section “relevant appointment” means an appointment under any of

the following—

(a)

section 4 (Commissioners);

(b)

section 5 (Directors of Investigations);

(c)

section 6 (judicial panel members);

(d)

section 8 (members of Victims and Survivors Advisory Group).

(6)

In this section “the relevant list” means the list published under this section

that applies to the relevant appointment in question.

General duties and powers

Actions of the Legacy Commission and its officers: safeguards

(1)

The Legacy Commission must not do anything which—

(a)

would risk damaging, or would damage, the national security interests

of the United Kingdom,

(b)

would risk putting, or would put, the life or safety of any person at

risk, or

(c)

would risk having, or would have, a prejudicial effect on any actual

or prospective criminal proceedings in any part of the United Kingdom.

(2)

The duty in subsection (1) also applies to a relevant Legacy Commission

officer who is carrying out work in connection with an investigation under

Part 3 or inquisitorial proceedings.

(3)

For the purposes of subsection (1) (c) criminal proceedings are “prospective”

at any time if, in the view of the Legacy Commission, the proceedings are

likely to be brought within a reasonable period after that time.

(4)

For provision about the way in which subsection (1) operates in relation to

disclosures of information, see section 17 (2) to (8) .

(5)

In this section “relevant Legacy Commission officer” means a Legacy

Commission officer who is not a Director of Investigations or the Chief

Executive Officer.

Duty to exercise functions consistently with certain principles

(1)

The Legacy Commission must, in exercising a function under this Act, do so

in a way that is consistent with the following principles—

(a)

the principle that reconciliation should be promoted;

(b)

the principle that the rule of law should be upheld;

Page 7

(c)

the principle that the suffering of victims and survivors should be

acknowledged;

(d)

the principle that the pursuit of justice and the recovery of information

should be facilitated;

(e)

the principle that human rights should be respected;

(f)

the principle that the approach to dealing with Northern Ireland’s

past should be balanced, proportionate, transparent, fair and equitable.

(2)

A relevant Legacy Commission officer must, in exercising a function under

this Act in connection with an investigation under Part 3 or inquisitorial

proceedings, do so in a way that is consistent with those principles.

(3)

In this section “relevant Legacy Commission officer” has the meaning given

by section 10 .

Operational powers of Legacy Commission officers

(1)

A Director of Investigations is (by virtue of this subsection) designated as a

person having the powers and privileges of a constable.

(2)

A Director of Investigations may designate any other Legacy Commission

officer as a person having the powers and privileges of a constable, if they

are satisfied that the Legacy Commission officer—

(a)

is capable of effectively exercising those powers and privileges,

(b)

has received adequate training in respect of the exercise of those

powers and privileges, and

(c)

is otherwise a suitable person to exercise those powers and privileges.

(3)

The powers and privileges of a constable which a Legacy Commission officer

has by virtue of a designation under this section may be exercised for the

purposes of, or in connection with, any function of the Legacy Commission

(including any function conferred on a Director of Investigations or a judicial

panel member) except its functions under sections 86 and 87 (production of

historical record of deaths).

(4)

Schedule 2 contains further provision about the operational powers of Legacy

Commission officers.

Information

Full disclosure by relevant authorities to the Legacy Commission

(1)

A relevant authority must make available to the Legacy Commission such

information, documents and other things as—

(a)

a Director of Investigations may require for the purposes of, or in

connection with, an investigation under Part 3 allocated to them;

(b)

a judicial panel member may require for the purposes of, or in

connection with, inquisitorial proceedings allocated to them.

Page 8

(2)

A relevant authority may also make available to the Legacy Commission any

information, documents and other things which, in the view of that authority,

may be needed for the purposes of, or in connection with, an investigation

under Part 3 or inquisitorial proceedings.

(3)

Information required by a person to be made available under subsection (1)

is to be made available in such manner as that person may require.

(4)

Subject to that, it is for the relevant authority and the relevant person to agree

the manner in which information, a document or other thing is to be made

available under this section.

(5)

A requirement under subsection (3) may (in particular) require, and an

agreement under subsection (4) may (in particular) provide, that the relevant

authority is to—

(a)

give the information, document or other thing to the Legacy

Commission;

(b)

give a copy of the information, document or other thing to the Legacy

Commission;

(c)

allow the Legacy Commission to access the information, document or

other thing while it is held by the relevant authority.

(6)

A requirement under subsection (3) (including anything required by virtue

of subsection (5) ) must be consistent with any regulations under section 21 .

(7)

A relevant person may require any of the following persons to give the Legacy

Commission such assistance as is reasonable for the purposes of, or in

connection with, the effective use of information, documents and other things

made available by that person under this section —

(a)

the Chief Constable of the PSNI;

(b)

any other chief officer of a police force;

(c)

the Police Ombudsman for Northern Ireland;

(d)

the Director General of the Independent Office for Police Conduct;

(e)

the Police Investigations and Review Commissioner.

(8)

A relevant authority does not contravene—

(a)

any obligation of confidence owed by the relevant authority, or

(b)

any other restriction on the disclosure of information (however

imposed),

by making information, documents and other things available under this

section .

(9)

In this section “relevant person” means—

(a)

in relation to an investigation under Part 3 , the Director of

Investigations to whom the investigation is allocated;

(b)

in relation to inquisitorial proceedings, the judicial panel member to

whom the proceedings are allocated.

(10)

In this Act “relevant authority” means any of the following—

(a)

the Chief Constable of the PSNI;

Page 9

(b)

any other chief officer of a police force;

(c)

the Public Prosecution Service for Northern Ireland;

(d)

the Police Ombudsman for Northern Ireland;

(e)

the Director General of the Independent Office for Police Conduct;

(f)

the Police Investigations and Review Commissioner;

(g)

any Minister of the Crown (within the meaning of the Ministers of

the Crown Act 1975 );

(h)

the Security Service;

(i)

the Secret Intelligence Service;

(j)

GCHQ (within the meaning of the Intelligence Services Act 1994);

(k)

any other department of the United Kingdom government (including

a non-ministerial department);

(l)

a Northern Ireland department;

(m)

the Scottish Ministers;

(n)

any of the armed forces.

Supply of information

(1)

The powers conferred by subsections (2) and (3) may be exercised—

(a)

by a Director of Investigations, for the purposes of, or in connection

with, an investigation under Part 3 allocated to them;

(b)

by a judicial panel member, for the purposes of, or in connection with,

inquisitorial proceedings allocated to them.

In the following provisions of this section, “the relevant person” means the

person exercising those powers.

(2)

The relevant person may by notice require a person to attend at a time and

place stated in the notice—

(a)

to provide information;

(b)

to produce any documents in the person’s custody or under the

person’s control;

(c)

to produce any other thing in the person’s custody or under the

person’s control for inspection, examination or testing.

(3)

The relevant person may by notice require a person, within such period as

appears to the relevant person to be reasonable—

(a)

to provide evidence in the form of a written statement;

(b)

to produce any documents in the person’s custody or under the

person’s control;

(c)

to produce any other thing in the person’s custody or under the

person’s control for inspection, examination or testing.

(4)

A notice under this section must—

(a)

explain the possible consequences of not complying with the notice;

(b)

indicate what the recipient of the notice should do to make a claim

under subsection (5) .

Page 10

(5)

A claim by a person that—

(a)

the person is unable to comply with a notice under this section , or

(b)

it is not reasonable in all the circumstances to require the person to

comply with such a notice,

is to be determined by the relevant person, who may revoke or vary the

notice on that ground (or leave it unchanged).

(6)

In deciding whether to revoke or vary a notice on the ground mentioned in

subsection (5) (b) , the relevant person must consider the public interest in the

information in question being obtained, having regard to the likely importance

of the information.

(7)

A claim by a relevant authority that the Legacy Commission—

(a)

would contravene section 10 (1) (a) or (b) if the person given a notice

under this section was required to comply with the notice, but

(b)

would not contravene section 10 (1) (a) or (b) if a different person

nominated by the relevant authority were instead required to comply

with that notice,

is to be determined by the relevant person, who may vary the notice, so as

to require the person nominated under paragraph (b) to comply with it, or

revoke the notice (or leave it unchanged).

(8)

For the purposes of this section a thing is under a person’s control if it is in

the person’s possession or if the person has a right to possession of it.

(9)

Schedule 3 makes provision about enforcement of notices under this section .

Admissibility of material in criminal proceedings

(1)

This section applies in relation to criminal proceedings brought against a

person (D).

(2)

Compelled material obtained from D may not be used in evidence against

(3)

Subsection (2) does not apply in relation to proceedings against D for an

offence under paragraph 8 (1) (a) of Schedule 3 (distortion of evidence etc).

(4)

Any material that—

(a)

was provided by, or obtained from, D for the purposes of, or in

connection with, the exercise of any of the Legacy Commission’s

functions (including any function conferred on a Director of

Investigations or a judicial panel member), and

(b)

is not compelled material,

may not be used in evidence against D unless exception 1 or 2 applies in

relation to the material.

(5)

Exception 1: the material was provided to, or obtained by, a Legacy

Commission officer designated under section 12 .

(6)

Exception 2: the proceedings brought against D relate to—

Page 11

(a)

the exercise by the Legacy Commission of any function (including any

function conferred on a Director of Investigations or judicial panel

member),

(b)

any other conduct of the Legacy Commission,

(c)

the conduct of any current or former Commissioner, judicial panel

member, Legacy Commission officer or Legacy Commission contractor,

(d)

a person being appointed, or holding office, as a Commissioner,

Director of Investigations or judicial panel member, or

(e)

a person being employed or seconded as, or being, a Legacy

Commission officer.

(7)

Where subsection (3) or exception 1 or 2 applies in relation to the material,

this section does not affect the application to that material of any other

legislation or rule of law relating to admissibility.

(8)

No evidence relating to any material inadmissible against D may be adduced,

and no question relating to any material inadmissible against D may be asked

by or on behalf of the prosecution, unless evidence relating to that material

is adduced, or a question relating to that material is asked, in the proceedings

by or on behalf of D.

(9)

This section applies in relation to material, and evidence or questions relating

to material—

(a)

whether the material is in the form in which it was provided or

obtained, or in some other form;

(b)

whether the material (in whatever form) is in the possession of the

Legacy Commission or another person (whether obtained directly or

indirectly from the Legacy Commission).

(10)

In this section —

“ “compelled material” ” means anything that has been obtained by the

Legacy Commission from a person through the exercise of the powers

under section 14 ;

“ “material inadmissible against D” ”, in relation to criminal proceedings

brought against D, means material that, by virtue of subsections (2)

to (6) , may not be used in evidence against D.

Sensitive, prejudicial and protected international information

(1)

In this Act—

“sensitive information” means information which, if disclosed generally,

would risk damaging, or would damage, the national security interests

of the United Kingdom;

“prejudicial information” means information which, if disclosed

generally—

(a)

would risk putting, or would put, the life or safety of any

person at risk, or

Page 12

(b)

would risk having, or would have, a prejudicial effect on any

actual or prospective criminal proceedings in any part of the

United Kingdom,

(and criminal proceedings are “prospective” at any time if, in the view

of the person considering whether information is prejudicial

information, the proceedings are likely to be brought within a

reasonable period after that time);

“protected international information” means information which—

(a)

was supplied to any person by, or by an agency of, the

government of a country or territory outside the United

Kingdom, and

(b)

if disclosed generally might, in the opinion of the Secretary of

State, damage international relations.

(2)

Schedule 4 makes provision about the identification of sensitive, prejudicial

or protected international information.

Disclosure of information: general power and prohibitions

(1)

The Legacy Commission may disclose any information held by it to any other

person.

(2)

A disclosure of information by the Legacy Commission (under this section

or any other power or duty) must not be made if any of prohibitions A to E

applies to the disclosure or information concerned.

(3)

But prohibitions A to D do not apply to a disclosure of information if it is

permitted by Schedule 5 .

(4)

Prohibition A : the Legacy Commission has identified the information as

sensitive information (see paragraph 1 of Schedule 4 ).

(5)

Prohibition B : a relevant authority has notified the Legacy Commission that

the information has been identified as sensitive information (see paragraphs

2 and 3 of Schedule 4 ).

(6)

Prohibition C : the Secretary of State has notified the Legacy Commission that

the information has been identified as protected international information

(see paragraph 5 of Schedule 4 ).

(7)

Prohibition D : the Legacy Commission would otherwise contravene the duty

imposed under section 10 (1) by making the disclosure.

(8)

Prohibition E : the disclosure is prohibited by any of Parts 1 to 7, or Chapter

1 of Part 9, of the Investigatory Powers Act 2016.

(9)

Subsection (1) is subject to any restriction notice or a restriction order (within

the meaning given by section 56 (2) ) given or made in connection with

inquisitorial proceedings.

(10)

Schedule 5 sets out which disclosures are permitted for the purposes of this

section and makes provision about decisions to prohibit disclosures of sensitive

information.

Page 13

Offence relating to disclosure of information

(1)

A person who is or was a relevant person commits an offence if—

(a)

the person discloses (in any part of the world) information which the

person obtained as a relevant person, and

(b)

the disclosure would, if it had been made by the Legacy Commission,

have contravened a relevant prohibition on disclosure.

(2)

In this section—

“relevant person” means—

(a)

a Commissioner,

(b)

a Director of Investigations,

(c)

a judicial panel member,

(d)

the Chief Executive Officer,

(e)

a Legacy Commission officer not within paragraph (b) or (d)

, or

(f)

a Legacy Commission contractor;

“relevant prohibition on disclosure” means a prohibition on disclosure

of information imposed under section 17 (2) —

(a)

where any of prohibitions A to C in section 17 applies, or

(b)

where prohibition D in that section applies because the

disclosure contravenes the duty imposed under section 10 (1) (a)

or (b) .

(3)

Subsection (1) does not apply to the communication of information by a

person to another person in that other person’s capacity as a relevant person.

(4)

It is a defence for a person charged with an offence under this section 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 Legacy Commission, have contravened a relevant prohibition

on disclosure.

(5)

A person who commits an offence under this section is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine (or both);

(b)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 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).

(6)

In this Act “Legacy Commission contractor” means a person providing, or

being employed in the provision of, goods or services for the purposes of the

Legacy Commission.

Page 14

Legacy Commission’s use of information obtained by it

(1)

Information that has been obtained by the Legacy Commission—

(a)

under section 13 , or

(b)

through the exercise of police powers,

may be used by the Legacy Commission for the purposes of, or in connection

with, the exercise of any function of the Legacy Commission (including any

function conferred on a Director of Investigations or a judicial panel member)

except its functions under sections 86 and 87 (production of historical record).

(2)

Information that has been obtained by the Legacy Commission under section

14 may be used by the Legacy Commission only for the purposes of, or in

connection with, the exercise of its functions under Part 3 or 4 .

(3)

Subsections (1) and (2) do not authorise the Legacy Commission to disclose

information to any other person.

(4)

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

(a)

contained in a final report produced in accordance with section 38 or

62 , or

(b)

published by the Legacy Commission (otherwise than in a final report)

in accordance with the provisions of this Act.

(5)

This section does not limit the application of section 10 .

(6)

In this section “police powers” means the powers and privileges of a constable

which a Legacy Commission officer has by virtue of a designation under

section 12 .

Guidance and protocols relating to information

(1)

The Secretary of State may give guidance to the Legacy Commission about

the exercise of its functions in accordance with section 10 (1) (a) .

(2)

The Legacy Commission must have regard to any guidance given under

subsection (1) in exercising the functions to which the guidance relates.

(3)

An information disclosure protocol may be agreed between—

(a)

the Directors of Investigations acting jointly, and

(b)

one or more of—

(i)

the relevant authorities, and

(ii)

the persons listed in paragraph 4 (2) of Schedule 5 .

(4)

An “information disclosure protocol” is a document dealing with a framework

for the disclosure of information by, or to, the Legacy Commission.

Regulations about the holding and handling of information

(1)

The Secretary of State may, by regulations, make provision about the holding

and handling of information by the Legacy Commission.

(2)

The regulations may (in particular)—

Page 15

(a)

make provision about notifications to be given by the Legacy

Commission in respect of information held by the Legacy Commission;

(b)

make provision about measures for holding and handling information

securely (including physical, electronic, organisational or systemic

measures);

(c)

in relation to information which is to cease to be held by the Legacy

Commission, make provision about the destruction or transfer of the

information;

(d)

make provision about guidance or consultation;

(e)

confer functions on the Secretary of State or any other person (as well

as on the Legacy Commission);

(f)

create criminal offences.

(3)

The information about which the regulations may make provision includes

information which (in accordance with Schedule 4 )—

(a)

the Legacy Commission has identified as prejudicial information or

sensitive information,

(b)

a relevant authority has identified as, and notified the Legacy

Commission as being, prejudicial information or sensitive information,

(c)

the Secretary of State has identified as, and notified the Legacy

Commission as being, protected international information.

(4)

A criminal offence created under subsection (2) (f) —

(a)

may only apply to the conduct of a person who is or has been—

(i)

a Commissioner,

(ii)

a Director of Investigations,

(iii)

a judicial panel member,

(iv)

the Chief Executive Officer,

(v)

a Legacy Commission officer not within sub-paragraph (ii) or

(iv) , or

(vi)

a Legacy Commission contractor;

(b)

may not impose a penalty that is greater than a penalty that may be

imposed for an offence under section 18 .

(5)

Regulations under this section are subject to negative procedure.

Biometric material

Biometric material

(1)

The Secretary of State may by regulations—

(a)

designate a collection of biometric material, or part of such a collection,

for the purposes of this section ;

(b)

provide for biometric material in designated collections not to be

destroyed if destruction of the material would otherwise be required

by any of the destruction provisions;

Page 16

(c)

provide for preserved material to be retained;

(d)

provide for preserved material to be used for the purposes of, or in

connection with, the exercise of any Legacy Commission function

except its functions under sections 86 and 87 (producing the historical

record);

(e)

provide for preserved material to be destroyed.

(2)

If regulations provide for the retention of preserved material, the Secretary

of State must, by regulations, require—

(a)

that periodic reviews of the need to retain the material are carried out

by the Legacy Commission;

(b)

that the material is destroyed by no later than the end of a reasonable

period after the conclusion of the Legacy Commission’s work in

connection with its functions other than those under sections 86 and

87 .

(3)

Regulations made under this section are subject to negative procedure.

(4)

In this section —

“ “biometric material” ” means a record of—

(a)

a DNA profile based on a DNA sample taken before 31 October

2013, or

(b)

fingerprints taken before 31 October 2013;

“ “destruction provisions” ” means—

(a)

Article 63B of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(b)

Article 64 of the Police and Criminal Evidence (Northern

Ireland) Order 1989 ,

(c)

any provision of Part 1 of Schedule 8 to the Terrorism Act 2000

which requires the destruction of biometric material,

(d)

paragraph 8 of Schedule 4 to the International Criminal Court

Act 2001 ,

(e)

any provision of sections 18 to 18E of the Counter-Terrorism

Act 2008 which requires the destruction of biometric material,

(f)

any provision of Schedule 6 to the Terrorism Prevention and

Investigation Measures Act 2011 which requires the destruction

of biometric material,

(g)

section 18G of the Criminal Procedure (Scotland) Act 1995 , and

(h)

section 18 (3) to (5) of the Criminal Procedure (Scotland) Act

1995 as applied by paragraph 7 of Schedule 4 to the

International Criminal Court (Scotland) Act 2001 (asp 13);

“ “preserved material” ” means biometric material in a designated collection

which, by virtue of regulations made under subsection (1) (b) , has not

been destroyed (as would otherwise have been required by any of the

destruction provisions).

Page 17

Supplementary provision

Work plans and annual reports

(1)

At least 3 months before the start of a financial year, the Legacy Commission

must—

(a)

produce and publish a work plan for that year, and

(b)

give a copy of the plan to the Secretary of State.

(2)

A work plan must deal with the following matters—

(a)

the caseload which the Legacy Commission is expecting;

(b)

the plans which the Legacy Commission has for dealing with its

caseload;

(c)

the plans which the Legacy Commission has for engaging with persons

entitled to make requests for investigations under Part 3 ;

(d)

policies which the Legacy Commission is planning to introduce, review

or change;

(e)

such other matters as the Legacy Commission considers appropriate.

(3)

Within 6 months of the end of a financial year, the Legacy Commission must—

(a)

produce and publish an annual report in relation to that year, and

(b)

give a copy of the annual report to the Secretary of State.

(4)

An annual report must deal with the following matters—

(a)

the finances of the Legacy Commission;

(b)

the administration of the Legacy Commission;

(c)

the volume of information received by the Legacy Commission in that

year;

(d)

the number of requests for investigations under Part 3 that have been

made in that year;

(e)

the number of investigations under Part 3 initiated by the Directors

of Investigations in that year;

(f)

the number of final reports on the findings of investigations under

Part 3 that have been published in that year;

(g)

the number of inquisitorial proceedings that are active (within the

meaning given by section 30 (6) (b) ) in that year;

(h)

the number of final reports on the findings of inquisitorial proceedings

that have been published in that year;

(i)

progress made in that year in producing the historical record (under

sections 86 and 87 );

(j)

such other matters as the Legacy Commission considers appropriate.

(5)

“Financial year”, in relation to the Legacy Commission, means each period

of one year which ends with 31 March.

Page 18

Independent reports on Legacy Commission’s performance of its functions

(1)

As regards each relevant day, the Secretary of State must appoint an

independent person to carry out a review, by the relevant day, of the

performance of Legacy Commission functions (including functions conferred

on Directors of Investigations and judicial panel members).

(2)

On completion of the review, the appointed person must give a report, setting

out the result of the review, to the Secretary of State and the Legacy

Commission.

(3)

As soon as practicable after receiving a report, the Legacy Commission must

give to the Secretary of State a document setting out its response to the report.

(4)

The Secretary of State must lay a copy of the report, and the response to it,

before Parliament.

(5)

The Secretary of State may make payments to a person appointed under this

section.

(6)

In this section “independent person” means a person appearing to the Secretary

of State to be independent of the Secretary of State and the Legacy

Commission.

(7)

In this section “relevant day” means the day that is—

(a)

2 years after the day on which this Act is passed,

(b)

5 years after that day, or

(c)

7 years after that day.

Conclusion of the Legacy Commission’s work

(1)

The Secretary of State may, by regulations, make provision for winding up the Legacy

Commission if the Secretary of State is satisfied that the need for the exercise of

Legacy Commission functions (including functions conferred on Directors of

Investigations and judicial panel members) has ceased.

(2)

Regulations under subsection (1) may (in particular) make provision for the transfer

of property, rights and liabilities (whether or not otherwise capable of being

transferred), including any acquired or arising after the regulations are made.

(3)

Regulations under subsection (1) may (in particular) repeal or otherwise

amend any provision of this Part other than—

(a)

this section ;

(b)

section 18 and the following provisions (which relate to the offence

under that section)—

(i)

section 10 (1) (a) and (b) ;

(ii)

section 17 (2) to (7) and (10) ;

(iii)

Schedule 5 .

(4)

Regulations under subsection (1) may repeal or otherwise amend section 38

or 40 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 .

Page 19

(5)

The consequential provision that may (by virtue of section 92 (5) (b) ) be made

by regulations under subsection (1) includes consequential amendments of—

(a)

Parts 3 to 5 and sections 86 and 87 of this Act;

(b)

any primary legislation other than this Act.

“Primary legislation” has the meaning given by section 91 .

(6)

The Secretary of State must consult the required consultees, and take into

account the annual reports produced by the Legacy Commission (see section

23 ) and the reports under section 24 on the Legacy Commission’s performance

of its functions—

(a)

when deciding whether to exercise the power to make regulations

conferred by subsection (1) , and

(b)

before making regulations under subsection (1) .

(7)

Before making regulations under subsection (1) , the Secretary of State must

publish a report setting out—

(a)

the names of the persons consulted under subsection (6) ,

(b)

a summary of the views expressed on the consultation, and

(c)

an explanation of why the Secretary of State is satisfied as mentioned

in subsection (1) .

(8)

Regulations under subsection (1) are subject to affirmative procedure.

(9)

If a draft of an instrument containing regulations under subsection (1) would,

apart from this subsection , be treated for the purposes of the Standing Orders

of either House of Parliament as a hybrid instrument, it is to proceed in that

House as if it were not a hybrid instrument.

(10)

In this section “the required consultees” means—

(a)

the Legacy Commission, and

(b)

any other person the Secretary of State considers it appropriate to

consult.

Part 3

Investigations of conduct causing death and other harm

General duties

Investigations: general duties

(1)

In exercising functions under this Part , the Directors of Investigations and

other Legacy Commission officers must have regard to the need to act—

(a)

independently,

(b)

impartially,

(c)

transparently,

(d)

objectively,

(e)

in a manner that establishes credibility,

(f)

with integrity,

Page 20

(g)

professionally, and

(h)

consistently.

(2)

The Legacy Commission must publish a statement—

(a)

setting out how functions under this Part are to be exercised by the

Directors of Investigations and other Legacy Commission officers, and

(b)

explaining how exercising those functions in that way will secure

public confidence in the Commission’s work.

(3)

The statement must (in particular) set out how the functions under the

following provisions are to be exercised—

(a)

sections 33 and 37 (notifying family members and others about

investigations);

(b)

section 34 (3) (consulting family members and others about allocation

of investigations).

(4)

The Legacy Commission must keep under review any statement published

under subsection (2) , and may from time to time publish a revised statement.

(5)

A Director of Investigations or other Legacy Commission officer must, when

exercising any function under this Part, have regard to any statement

published under subsection (2) .

(6)

In subsections (2) and (5) a reference to “functions under this Part” does not

include functions under sections 45 to 47 (identifying and dealing with conflicts

of interest).

See section 44 for the Legacy Commission’s duty to publish a separate

statement about those functions.

Requests for investigations

Requests for investigations by family members and seriously injured persons

(1)

Where a person’s death was caused directly by conduct forming part of the

Troubles, an investigation under this Part of the conduct may be requested

by—

(a)

a close family member of the deceased (see section 93 ), or

(b)

if there are no close family members, a family member of the deceased.

(2)

Where conduct forming part of the Troubles caused a person to suffer serious

physical or mental harm, the person may request an investigation under this

Part of the conduct.

(3)

“Serious physical or mental harm” means—

(a)

paraplegia;

(b)

quadriplegia;

(c)

severe brain injury or damage;

(d)

severe psychiatric damage;

(e)

total blindness;

(f)

total deafness;

Page 21

(g)

loss of one or more limbs;

(h)

severe scarring or disfigurement.

(4)

A request under this section may not be made after the specified day.

(5)

“The specified day” is the last day in the period of five years beginning with

the day on which this section comes into force for all purposes.

Requests for investigations by public authorities

(1)

In this section “harmful conduct forming part of the Troubles” means conduct

forming part of the Troubles that—

(a)

caused a person’s death, or

(b)

caused a person to suffer physical or mental harm.

(2)

A request for an investigation under this Part may be made by a public

authority as set out in any of subsections (3) , (4) and (8) to (11) .

(3)

The Secretary of State may request an investigation under this Part of harmful

conduct forming part of the Troubles.

(4)

Any of the persons listed in subsection (5) may request an investigation under

this Part of harmful conduct forming part of the Troubles if—

(a)

they consider that the request condition is met, and

(b)

a person’s death was caused directly by the conduct or the conduct

caused a person to suffer serious physical or mental harm.

(5)

Those persons who may request an investigation are—

(a)

the Chief Constable of the PSNI;

(b)

any other chief officer of a police force;

(c)

the Police Ombudsman for Northern Ireland;

(d)

the Director General of the Independent Office for Police Conduct;

(e)

the Police Investigations and Review Commissioner;

(f)

an inquiry panel within the meaning of the Inquiries Act 2005 (see

section 3 of that Act).

(6)

The “request condition” is met if—

(a)

the investigation is necessary for the purposes of ECHR compatibility,

(b)

owing to new evidence (known or reasonably suspected to exist), there

is a realistic prospect of information obtained through the investigation

being provided to a prosecutor under section 43 .

(7)

An investigation is “necessary for the purposes of ECHR compatibility” where

the United Kingdom would contravene Article 2 or 3 of the Convention

(within the meaning of the Human Rights Act 1998 ) if the investigation were

not carried out.

(8)

The Director of Public Prosecutions for Northern Ireland may request an

investigation under this Part of harmful conduct forming part of the Troubles

if—

Page 22

(a)

the Director receives a written report from a coroner under section

35 (3) of the Justice (Northern Ireland) Act 2002 which relates to the

conduct, or

(b)

the conduct has been referred to the Director by a judicial panel

member under section 61 (2) .

(9)

The Director of Public Prosecutions (for England and Wales) may request an

investigation under this Part of harmful conduct forming part of the Troubles

if—

(a)

the Director receives a written report from a coroner which—

(i)

relates to the conduct, and

(ii)

concerns the circumstances of any death which is being, or has

been, investigated by the coroner and appear to the coroner to

disclose that an offence may have been committed against the

law of any country or territory, or

(b)

the conduct has been referred to the Director by a judicial panel

member under section 61 (3) .

(10)

The Lord Advocate may request an investigation under this Part of harmful

conduct forming part of the Troubles if the conduct has been referred to the

Lord Advocate by a judicial panel member under section 61 (4) .

(11)

Where a person’s death was caused directly by conduct forming part of the

Troubles, an investigation under this Part of the conduct may be requested

by—

(a)

the Attorney General for Northern Ireland,

(b)

the Advocate General for Northern Ireland, if section 14 (3) of the

Coroners Act (Northern Ireland) 1959 applies in relation to the death

(inquest on orders of Advocate General if national security involved),

(c)

the coroner in Northern Ireland who was responsible for an inquest

into that death which was closed in accordance with section 16A (3)

of that Act ,

(d)

the senior coroner in England and Wales who was responsible for

conducting an investigation under Part 1 of the Coroners and Justice

Act 2009 into that death which was discontinued in accordance with

paragraph 1 (3) of Schedule 1A to that Act ,

(e)

the Chief Coroner of England and Wales, if the Chief Coroner is

prohibited by paragraph 2 (4) of Schedule 1A to that Act from directing

a senior coroner to conduct an investigation under Part 1 of that Act

into the death,

(f)

the sheriff in Scotland who was responsible for conducting an inquiry

under the Inquiries into Fatal Accidents and Sudden Deaths etc.

(Scotland) Act 2016 (asp 2) into that death which was discontinued in

accordance with paragraph 1 (3) of Schedule A1 to that Act ,

(g)

the procurator fiscal in Scotland who was responsible for conducting

an investigation under that Act into that death which was discontinued

in accordance with paragraph 1 (4) (b) of Schedule A1 to that Act , or

Page 23

(h)

the Lord Advocate, if the Lord Advocate is prohibited by paragraph

2 (a) of Schedule A1 to that Act from exercising functions so as to cause

an inquiry under that Act to be held into the death.

(12)

A request under this section may not be made after the specified day (within

the meaning of section 27 (5) ) unless the person making the request considers

that the request condition (set out in subsection (6) ) is met.

(13)

Section 27 (3) (meaning of “serious physical or mental harm”) applies for the

purposes of this section .

Requests for investigations: general

(1)

A request under section 27 or 28 for an investigation may include particular

questions about the conduct to which the investigation will relate.

(2)

The Directors of Investigations acting jointly must decide—

(a)

the form and manner in which requests under section 27 or 28 are to

be made, and

(b)

the circumstances (if any) in which requests under section 27 or 28

may be changed (including by changing particular questions included

in requests) or withdrawn.

Accepting and rejecting requests for investigations

(1)

This section applies where an investigation is requested under section 27 or

28 .

(2)

The Directors of Investigations acting jointly (“the Directors”) must accept

the request, subject to the following subsections.

(3)

The Directors must reject the request if—

(a)

it is made under section 27 (1) or 28 (3) , (4) or (11) and is a request for

an investigation of conduct that is linked to active inquisitorial

proceedings or an active resumed inquest, or

(b)

it is made under section 28 after the specified day (within the meaning

of section 27 (5) ) and the Directors consider that the request condition

(set out in section 28 (6) ) is not met.

(4)

The Directors may reject the request if—

(a)

it is not made in the required form or manner,

(b)

it is made under section 27 (1) (b) by a family member other than a

close family member and the Directors consider that it is inappropriate

for that family member to make the request,

(c)

it is made under section 27 (2) and is a request for an investigation of

conduct that is linked to active inquisitorial proceedings or an active

resumed inquest,

(d)

it is a request for an investigation of conduct that is linked to

inquisitorial proceedings that are no longer active or a resumed inquest

that is no longer active,

Page 24

(e)

it is made under section 28 (4) , (8) , (9) or (10) , or

(f)

it is a subsequent request (see section 31 ).

(5)

In deciding whether to accept a request of the kind described in subsection

(4) (c) or (d) , the Directors—

(a)

must take into account the inquisitorial proceedings or resumed

inquest, and

(b)

must (in particular) ensure that the Legacy Commission does not do

anything which duplicates any aspect of the proceedings or inquest

unless, in the Directors’ view, the duplication is essential.

(6)

For the purposes of this section—

(a)

conduct is “linked” to inquisitorial proceedings or a resumed inquest

if the conduct caused the death to which the proceedings or inquest

relates;

(b)

inquisitorial proceedings are “active” during the period—

(i)

beginning with the allocation of the proceedings to a judicial

panel member under section 50 , and

(ii)

ending with the publication of the report on the findings of

the proceedings under section 65 ;

(c)

a “resumed inquest” is an inquest resumed in accordance with—

(i)

section 16AA of the Coroners Act (Northern Ireland) 1959, or

(ii)

a direction given to the Presiding coroner under section 16AB

of that Act;

(d)

a resumed inquest is “active” during the period—

(i)

beginning with the coming into force of section 16AA of the

Coroners Act (Northern Ireland) 1959 or the giving of the

direction under section 16AB of that Act (as is relevant to the

inquest), and

(ii)

ending with the final determination, verdict or findings being

made or given at the inquest or section 50 applying to the

death to which the inquest relates by virtue of section 50 (2) (c) .

Dealing with subsequent requests for investigations

(1)

This section applies where—

(a)

a request under section 27 or 28 for an investigation of conduct forming

part of the Troubles has been made which has not yet been accepted

or rejected,

(b)

an investigation under this Part of such conduct is being carried out,

(c)

an investigation under this Part of such conduct has been carried out,

and a further request (“the subsequent request”) is made which relates to the

same conduct.

(2)

Subsection (3) applies where the request is a subsequent request by virtue of

subsection (1) (a) .

Page 25

(3)

The Directors of Investigations acting jointly must decide how the subsequent

request is to be dealt with; and they may (in particular) decide that—

(a)

the person who made the subsequent request is to be treated as if

they had joined in the making of the earlier request, and

(b)

questions included in the subsequent request are to be treated as if

they had been included in the earlier request.

(4)

Subsection (5) applies where the request is a subsequent request by virtue of

subsection (1) (b) and the investigation which is being carried out is pursuant

to an earlier request under section 27 or 28 .

(5)

The relevant Director of Investigations must decide how the subsequent

request is to be dealt with; and they may (in particular) decide that—

(a)

the person who made the subsequent request is to be treated as if

they had joined in the making of the earlier request, and

(b)

questions included in the subsequent request are to be treated as if

they had been included in the earlier request.

(6)

Subsection (7) applies where the request is a subsequent request by virtue of

subsection (1) (b) and the investigation which is being carried out was initiated

under section 32 .

(7)

The relevant Director of Investigations must decide how the subsequent

request is to be dealt with; and they may (in particular) decide that—

(a)

the person who made the subsequent request, and

(b)

the questions included in the subsequent request,

are to be treated as if the investigation were being carried out pursuant to

the subsequent request.

(8)

Subsection (9) applies where the request is a subsequent request by virtue of

subsection (1) (c) .

(9)

The Directors of Investigations acting jointly must decide how the subsequent

request is to be dealt with; and, in doing so, they—

(a)

must take into account the investigation that has already been carried

out, and

(b)

must (in particular) ensure that the Legacy Commission does not do

anything which duplicates any aspect of that investigation unless, in

the Directors’ view, the duplication is essential.

(10)

Section 47 includes provision about conflicts of interest that applies in relation

to this section.

(11)

In this Act “the relevant Director of Investigations”, in relation to an

investigation under this Part , means the Director of Investigations to whom

the investigation is allocated under section 34 .

Page 26

Investigations initiated by the Directors of Investigations

Power of the Directors of Investigations to initiate investigations

(1)

The Directors of Investigations acting jointly may initiate an investigation

under this Part of harmful conduct forming part of the Troubles (“the relevant

conduct”) where it appears to the Directors that—

(a)

the investigation is necessary for the purposes of ECHR compatibility,

(b)

owing to new evidence (known or reasonably suspected to exist), there

is a realistic prospect of information obtained through the investigation

being provided to a prosecutor under section 43 , or

(c)

the relevant conduct is linked with an investigation under this Part

which is being, or has been, carried out.

(2)

The circumstances where the relevant conduct is “linked” with an investigation

under this Part include—

(a)

where the relevant conduct forms part of the same event as the conduct

to which the investigation relates;

(b)

where there is evidence that the same individual carried out or

otherwise caused the relevant conduct and the conduct to which the

investigation relates.

(3)

An investigation of the relevant conduct may not be initiated under this

section if the conduct is linked to active inquisitorial proceedings or an active

resumed inquest (and section 30 (6) applies for the purposes of this subsection).

(4)

In this section “harmful conduct forming part of the Troubles” and an

investigation being “necessary for the purposes of ECHR compatibility” have

the same meanings as in section 28 .

Carrying out investigations

Notifying family members and others about new investigations

(1)

This section applies where—

(a)

a request under section 28 (by a public authority) for an investigation

is accepted, or

(b)

an investigation is initiated under section 32 .

(2)

The relevant Director of Investigations must take reasonable steps to identify—

(a)

if a person’s death was caused by relevant conduct, each close family

member of the deceased (see section 93 ),

(b)

if there are no close family members of a person whose death was

caused by relevant conduct, a family member of the deceased,

(c)

if a person was caused to suffer serious physical or mental harm by

relevant conduct, that person,

(d)

if a person caused to suffer serious physical or mental harm by relevant

conduct has subsequently died, each close family member of that

person, and

Page 27

(e)

if there are no close family members of that person, a family member

of that person.

(3)

The relevant Director of Investigations must notify the following about the

investigation—

(a)

each person identified in accordance with subsection (2) (a) , (c) and

(d) ,

(b)

the person (if any) identified in accordance with subsection (2) (b) or

(e) , if the Director considers it would be appropriate to notify the

person, and

(c)

the Secretary of State, if the investigation was initiated under section

32 .

(4)

For the purposes of this section—

(a)

“relevant conduct” is the conduct to which the investigation mentioned

in subsection (1) (a) or (b) (as the case may be) relates;

(b)

section 27 (3) (meaning of “serious physical or mental harm”) applies.

Allocation of investigations

(1)

This section applies where—

(a)

a request under section 27 or 28 for an investigation is accepted, or

(b)

an investigation is initiated under section 32 .

(2)

The Chief Executive Officer must allocate the investigation to a Director of

Investigations.

(3)

Before doing so, the Chief Executive Officer must consult the following about

the proposed allocation—

(a)

except where the investigation is initiated under section 32 , the person

who requested the investigation, and

(b)

any other person previously notified under section 33 about the

investigation.

(4)

The Chief Executive Officer, when consulting a person under subsection (3)

, must also allow the person to make representations about any matter that

the person considers is relevant to the application of sections 45 to 47

(identifying and dealing with conflicts of interest) in relation to the

investigation.

Managing the investigation caseload

(1)

The Directors of Investigations acting jointly (“the Directors”) must determine—

(a)

the order in which investigations are to be carried out under this Part

, and

(b)

the use of other Legacy Commission officers and other resources in

connection with those investigations.

Page 28

(2)

In doing so, the Directors must have regard to whether an investigation is

necessary for the purposes of ECHR compatibility (within the meaning of

section 28 (7) ).

(3)

The other matters that the Directors must have regard to when making the

decisions described in subsection (1) in relation to an investigation include—

(a)

whether information obtained through the investigation is likely to be

provided to a prosecutor under section 43 or whether the investigation

is likely to lead only to the production of a final report,

(b)

the extent to which the investigation is in the public interest,

(c)

where the investigation is requested under section 27 , the date of the

request, and

(d)

except where the investigation is requested under section 27 , the views

of any person who—

(i)

may request, under section 27 , an investigation of the conduct

to which the investigation relates, and

(ii)

is known to the Legacy Commission by virtue of any of its

functions.

(4)

After accepting a request under section 27 or 28 for an investigation, the

Directors must, as soon as reasonably practicable, consider whether the

investigation is necessary for the purposes of ECHR compatibility (if not

previously considered by the Directors).

Conduct of investigations

(1)

This section applies where an investigation is allocated to a Director of

Investigations under section 34 .

(2)

The Director must decide whether or not the investigation is to be carried

out as a criminal investigation.

(3)

For that purpose, the Director must decide that the investigation is to be

carried out as a criminal investigation unless the Director considers that there

is no realistic prospect of information obtained through the investigation

being provided to a prosecutor under section 43 .

(4)

Even if the investigation is not to be carried out as a criminal investigation,

the Legacy Commission must (so far as is practicable) determine the facts of

the conduct to which the investigation relates.

(5)

The Director has operational control over the conduct of the investigation by

the Legacy Commission.

(6)

The Director must ensure that—

(a)

the Legacy Commission carries out the investigation, and

(b)

the investigation examines all the circumstances of the conduct to

which it relates, including any Troubles-related offences which relate

to, or are otherwise connected with, that conduct.

Page 29

(7)

The Director must decide how the investigation is to be carried out, including

by deciding what steps are necessary in carrying out the investigation.

(8)

In deciding what steps are necessary, the Director—

(a)

must take into account any investigation (of any kind, including an

inquest) that has previously been carried out in relation to the conduct

to which the investigation relates, and

(b)

must (in particular) ensure that the Legacy Commission does not do

anything which duplicates any aspect of any such previous

investigation unless, in the Director’s view, the duplication is essential.

(9)

In deciding what steps are necessary, the Director must (in particular) have

regard to the following matters so far as they are relevant—

(a)

any particular questions included in the request for the investigation,

and

(b)

whether information obtained through the investigation will be, or is

likely to be, provided to a prosecutor under section 43 , or whether

the investigation will, or is likely to, lead only to the production of a

final report.

(10)

The Director must ensure that, in the carrying out of the investigation, regard

is had to the context in which—

(a)

the conduct to which the investigation relates occurred, and

(b)

any earlier criminal investigation of that conduct occurred.

(11)

If the Director considers that the investigation should be carried out in

conjunction with—

(a)

another investigation under this Part also allocated to the Director,

the Director may decide to do so;

(b)

another investigation under this Part allocated to the other Director

of Investigations, the Directors of Investigations acting jointly may

decide to do so.

(12)

Section 47 includes provision about conflicts of interest that applies in relation

to subsection (11) (b) .

(13)

For the purposes of this section—

(a)

“Troubles-related offence” means an offence under the law of Northern

Ireland, England and Wales or Scotland where the conduct constituting

the offence was to any extent conduct forming part of the Troubles;

(b)

an offence is to be regarded as connected with conduct (in particular)

if the offence formed part of the same event as that conduct.

Notifying family members and others about conduct of investigations

(1)

This section applies where a Director of Investigations decides that an

investigation under this Part which has been allocated to the Director is not

to be carried out as a criminal investigation (see section 36 (2) and (3) ).

(2)

If the investigation was requested under section 27 , the Director must notify

the person who requested the investigation about the decision.

Page 30

(3)

If the investigation was requested under section 28 , the Director must notify

the following about the decision—

(a)

the person who requested the investigation, and

(b)

any other person previously notified under section 33 in relation to

the investigation.

(4)

If the investigation was initiated under section 32 , the Director must notify

any person previously notified under section 33 in relation to the investigation

about the decision.

(5)

Where—

(a)

a notification is given under this section, and

(b)

the Director subsequently decides that the investigation is to be carried

out as a criminal investigation,

the Director must notify any person previously notified under this section in

relation to the investigation about the decision.

Reports on the findings of investigations

Production of reports on the findings of investigations

(1)

This section applies where the Legacy Commission has carried out an

investigation under this Part .

(2)

The Chief Executive Officer must appoint a judicial panel member to produce

a final report on the findings of the investigation.

(3)

The appointed judicial panel member must produce the final report.

(4)

The final report must be as comprehensive as possible, having regard to—

(a)

the need for the report to be accessible to the public, and

(b)

the duties imposed on the Legacy Commission by sections 10 (1) and

17 (2) .

(5)

If particular questions were included in the request for the investigation (see

section 29 (1) ), the final report must include—

(a)

the Legacy Commission’s response to those questions, so far as it has

been practicable to respond to them in carrying out the investigation;

(b)

for each question to which it has not been practicable to respond, a

statement of that outcome.

(6)

The final report must include a statement of the manner in which the

investigation was carried out.

(7)

In this Part “final report” means a report under this section.

Checks of reports for prejudicial material etc

(1)

This section applies where a judicial panel member has been appointed to

produce a final report under section 38 on the findings of an investigation.

Page 31

(2)

Before producing the final report, or giving a draft of the report or other

material to any person under section 40 , the judicial panel member must give

a draft of the report to—

(a)

the Secretary of State, and

(b)

any relevant authority that—

(i)

made prejudicial information or sensitive information available

under section 13 in connection with the investigation, or

(ii)

identified information as prejudicial information or sensitive

information under paragraph 2 or 3 of Schedule 4 in connection

with the investigation.

(3)

The judicial panel member must, during the applicable response period, allow

a person who is given a draft of the report under this section to make

representations about whether the publication of the final report by the Legacy

Commission would cause it to contravene section 10 (1) or 17 (2) .

(4)

“Applicable response period”, in relation to a person who is given a draft of

the report under this section, means—

(a)

the period of 60 days beginning with the day on which the draft is

given to the person, or

(b)

if the Secretary of State is satisfied that there is good reason to extend

the period, such longer period as the Secretary of State determines

and notifies to the judicial panel member before the end of the period

of 60 days.

The judicial panel member must notify the person of any period extended

under paragraph (b) .

(5)

The judicial panel member must not produce the final report, or give a draft

of the report or other material to any person under section 40 , until after the

applicable response period has ended (or all of the applicable response periods

have ended).

(6)

If representations are made in accordance with this section, the judicial panel

member must—

(a)

in producing the final report, or preparing a draft of the report or

other material to be given to a person under section 40 , take the

representations into account, and

(b)

before giving a draft of the report or other material to any person

under section 40 , notify the person who made the representations

about how the representations have been taken into account.

(7)

See also paragraph 5 of Schedule 5 for provision about decisions by the

Secretary of State to prohibit the disclosure of sensitive information in final

reports (and see Part 2 of that Schedule for appeals against those decisions).

Consultation on reports

(1)

This section applies where—

(a)

a judicial panel member has been appointed to produce a final report

under section 38 on the findings of an investigation, and

Page 32

(b)

they have complied with all applicable duties imposed under section

39 .

(2)

Before producing the final report, the judicial panel member must give a draft

of the report to—

(a)

except where the investigation was initiated under section 32 , the

person who requested the investigation,

(b)

all relevant family members of any person whose death was caused

by the conduct to which the investigation relates, and

(c)

any person caused to suffer serious physical or mental harm by that

conduct or, where such a person has subsequently died, all relevant

family members of the person.

(3)

The judicial panel member must allow a person who is given a draft of the

report under subsection (2) to make representations about the report during

the applicable response period.

(4)

The judicial panel member is not required to give a draft of the report to a

person under subsection (2) (b) or (c) if that person has informed the judicial

panel member or the relevant Director of Investigations that they do not wish

to receive it.

(5)

For the purposes of this section, a person (F) is a “relevant family member”

of a person (D) who has died if—

(a)

F is a close family member of D (see section 93 ) whom the relevant

Director of Investigations has identified after taking such steps as the

judicial panel member considers reasonable, or

(b)

in a case where no close family members are identified after taking

such steps, F is another member of the family of D whom—

(i)

the relevant Director of Investigations has identified after taking

such steps as the judicial panel member considers reasonable,

and

(ii)

the judicial panel member considers it appropriate to be given

the opportunity to make representations.

(6)

If it is proposed to include in the final report material criticising an individual,

the judicial panel member must, before producing the report—

(a)

give a copy of that material to the individual, and

(b)

allow the individual to make representations about that material during

the applicable response period.

(7)

If it is proposed to include in the final report material criticising a public

authority, the judicial panel member must, before producing the report—

(a)

give a copy of that material to the public authority or to a person who,

in the judicial panel member’s view, currently has responsibility for

the public authority, and

(b)

allow that public authority or person to make representations about

that material during the applicable response period.

Page 33

(8)

Subsection (7) applies even if the public authority has previously been given

a draft of the final report containing that material under section 39 .

(9)

The judicial panel member must not produce the final report until after the

applicable response period has ended (or all of the applicable response periods

have ended).

(10)

When deciding whether to include particular material in the final report, the

judicial panel member—

(a)

must take into account representations made in accordance with this

section, and

(b)

may exclude the material if they consider that it would not be in the

public interest to include it.

(11)

If the judicial panel member has consulted a person under this section, this

section does not require the judicial panel member to give that person a draft

of any revised version of the final report or any material included in it.

(12)

If this section requires the judicial panel member to give a draft of the final

report to two or more persons, the judicial panel member is not required to

give the same draft to all of those persons.

(13)

“Applicable response period”, in relation to a person who is consulted under

this section, means—

(a)

the period of 30 days beginning with the day on which the draft or

copy of material is given to the person, or

(b)

if the judicial panel member is satisfied that there is good reason to

extend the period, such longer period as the judicial panel member

determines.

The judicial panel member must notify the person of any period extended

under paragraph (b) .

(14)

In this section —

“ “material criticising a public authority” ” means material which, in the

judicial panel member’s view, constitutes significant criticism of a

public authority (and that material may consist of or include criticism

of one or more individuals, whether living or not);

“ “material criticising an individual” ” means material which, in the judicial

panel member’s view, constitutes significant criticism of a living

individual who was involved in the conduct forming part of the

Troubles to which the investigation relates;

“serious physical or mental harm” has the meaning given by section

27 (3) .

Issuing and publication of reports

(1)

This section applies where a judicial panel member has produced a final

report.

Page 34

(2)

Except where the investigation was initiated under section 32 , the Legacy

Commission must give the final report to the person who requested the

investigation.

(3)

The Legacy Commission must publish the final report in such manner as it

considers appropriate.

Final reports: supplementary provision

(1)

The duties imposed under sections 38 to 41 must be complied with as soon

as practicable after the investigation to which the final report relates has been

carried out; but this is subject to subsection (2) .

(2)

If any of the conduct to which the investigation relates is or has been referred

to a prosecutor under section 43 , the final report is not to be produced or

published unless and until—

(a)

the prosecutor has made a decision not to prosecute P for any relevant

offence, or

(b)

if the prosecutor has made a decision to prosecute P for any relevant

offence or offences, the prosecution or prosecutions are no longer

continuing.

(3)

For the purposes of subsection (2) —

(a)

the circumstances in which a 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;

(b)

the circumstances in which a 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.

(4)

In this section —

“ “P” ” means the person who carried out the conduct referred under section

43 (“the referred conduct”);

“ “relevant offence” ”, in relation to a referral to a prosecutor under section

43 , means—

(a)

a suspected offence notified to the prosecutor under section 43

in connection with the referral, and

(b)

any other offence which the referred conduct constitutes.

Page 35

(5)

Paragraph 8 of Schedule 5 makes provision about—

(a)

other material that must be included in a final report, and

(b)

circumstances in which a new final report must be produced.

Referral to prosecutors

Referral to prosecutors

(1)

This section applies where an investigation under this Part has been carried

out.

(2)

If the relevant Director of Investigations considers there is evidence that

relevant conduct constitutes an offence under the law of Northern Ireland by

an individual whose identity is known to that Director, the Director—

(a)

may refer the conduct to the Director of Public Prosecutions for

Northern Ireland, and

(b)

if the conduct is referred, must notify that prosecutor of the offence

concerned.

(3)

If the relevant Director of Investigations considers there is evidence that

relevant conduct constitutes an offence under the law of England and Wales

by an individual whose identity is known to that Director, the Director—

(a)

may refer the conduct to the Director of Public Prosecutions (for

England and Wales), and

(b)

if the conduct is referred, must notify that prosecutor of the offence

concerned.

(4)

If the relevant Director of Investigations considers there is evidence that

relevant conduct constitutes an offence under the law of Scotland by an

individual whose identity is known to that Director, the Director may—

(a)

refer the conduct to the Lord Advocate, and

(b)

notify that prosecutor of the offence concerned.

(5)

The Lord Advocate may direct the relevant Director of Investigations to

exercise the power of referral and notification in accordance with subsection

(4) ; and the Director must comply with any direction that is given.

(6)

In any case where the relevant Director of Investigations refers relevant

conduct to a prosecutor under this section , the Director—

(a)

must give the prosecutor such information and material relating to

the conduct as the Director considers appropriate, and

(b)

must, if requested to do so by the prosecutor—

(i)

obtain such information or material relating to the conduct as

it is practicable to obtain, and

(ii)

give the information or material obtained to the prosecutor.

(7)

In this section “relevant conduct” means—

(a)

the conduct to which the investigation relates (the “main conduct”),

Page 36

(b)

any other conduct that relates to, or is otherwise connected with, the

main conduct;

and for this purpose other conduct is (in particular) to be regarded as

connected with the main conduct if all of that conduct formed part of the

same event.

Conflicts of interest

Conflicts of interest: policy statement

(1)

The Legacy Commission must prepare and publish a statement setting out

how the Directors of Investigations and other Legacy Commission officers

are to comply with the duties imposed by sections 45 to 47 .

(2)

The statement must (in particular) set out how a Legacy Commission officer

is to determine whether a matter might reasonably be expected to—

(a)

give rise to a conflict of interest in respect of a person’s work in

connection with functions under this Part, or

(b)

otherwise affect a person’s ability to carry out that work fairly and

impartially.

(3)

The Legacy Commission must keep under review any statement published

under subsection (1) , and may from time to time publish a revised statement.

(4)

Legacy Commission officers must have regard to any statement published

under subsection (1) .

(5)

For the purposes of this section and sections 45 to 47 , a conflict of interest

may (in particular) arise in connection with a person’s previous employment

or previous holding of an office or position.

Conflicts of interest: officers to provide information

(1)

The Chief Executive Officer may require a Legacy Commission officer to

provide information about any matter which might reasonably be expected

to—

(a)

give rise to a conflict of interest in respect of the Legacy Commission

officer’s work in connection with functions under this Part, or

(b)

otherwise affect the officer’s ability to carry out that work fairly and

impartially.

(2)

Where an investigation under this Part is (or is to be) allocated to a Director

of Investigations, the Director must provide the Chief Executive Officer with

information about any matter which might reasonably be expected to—

(a)

give rise to a conflict of interest in respect of the Director’s work in

connection with the investigation, or

(b)

otherwise affect the Director’s ability to carry out that work fairly and

impartially.

Page 37

(3)

Where a Legacy Commission officer is (or is to be) required by a Director of

Investigations to carry out any work in connection with an investigation under

this Part , the officer must provide the Director with information about any

matter which might reasonably be expected to—

(a)

give rise to a conflict of interest in respect of the officer’s work in

connection with the investigation, or

(b)

otherwise affect the officer’s ability to carry out that work fairly and

impartially.

Role of Directors of Investigations in relation to conflicts of interest

If it appears to the relevant Director of Investigations that—

(a)

a Legacy Commission officer may have a conflict of interest in relation

to an investigation under this Part , or

(b)

a matter may otherwise affect the officer’s ability to carry out work

in connection with the investigation fairly and impartially,

the Director must not require or allow the officer to carry out any work (or

further work) in connection with the investigation.

Role of Chief Executive Officer in relation to conflicts of interest

(1)

For the purposes of this section, a person “may have a relevant

disqualification” in relation to an investigation under this Part where—

(a)

the person may have a conflict of interest in relation to the

investigation, or

(b)

a matter may otherwise affect the person’s ability to carry out work

in connection with the investigation fairly and impartially.

(2)

If it appears to the Chief Executive Officer that a Director of Investigations

may have a relevant disqualification in relation to an investigation under this

Part , the Chief Executive Officer—

(a)

must not allocate the investigation to that Director under section 34

, and

(b)

if the investigation is already allocated to that Director, must reallocate

the investigation.

(3)

The Chief Executive Officer must allocate an investigation under this Part to

a Legacy Commission officer other than a Director of Investigations if—

(a)

the investigation may not be allocated to either Director of

Investigations because it appears to the Chief Executive Officer that

both Directors may have a relevant disqualification in relation to the

investigation, or

(b)

it appears to the Chief Executive Officer that a Director of

Investigations may have a relevant disqualification in relation to the

investigation and the Chief Executive Officer considers that it is

inappropriate or impractical for the investigation to be allocated to

the other Director of Investigations.

Page 38

(4)

If an investigation is allocated to a Legacy Commission officer under subsection

(3) , a reference in this Act to the relevant Director of Investigations or to the

Director to whom the investigation is (or is to be) allocated is to that officer.

(5)

Subsections (6) and (7) apply where a request under section 27 or 28 for an

investigation is a “subsequent request” by virtue of section 31 (1) (b) (requests

relating to conduct being investigated already).

(6)

The Chief Executive Officer must consider whether, if the subsequent request

were accepted, the relevant Director of Investigations mentioned in section

31 (5) and (7) may have a relevant disqualification in relation to the

investigation.

(7)

If it appears to the Chief Executive Officer that the Director may have a

relevant disqualification in relation to the investigation, the Chief Executive

Officer must—

(a)

direct the other Director of Investigations to determine how the

subsequent request is to be dealt with, or

(b)

direct another Legacy Commission officer to make that determination,

if it appears to the Chief Executive Officer that the other Director may

also have a relevant disqualification in relation to the investigation.

(8)

Subsections (9) and (10) apply where the Directors of Investigations acting

jointly decide to carry out investigations in conjunction with each other by

virtue of section 36 (11) (b) .

(9)

The Chief Executive Officer must consider whether either of the Directors

may have a relevant disqualification in relation to any of the investigations.

(10)

If it appears to the Chief Executive Officer that either Director may have a

relevant disqualification in relation to any of the investigations, the Chief

Executive Officer must—

(a)

direct that the investigations are not to be carried out in conjunction

with each other, or

(b)

reallocate the investigations so that they may be carried out in

conjunction with each other by virtue of section 36 (11) (a) .

(11)

Where this section requires or permits the reallocation of an investigation,

the duties imposed on the Chief Executive Officer by section 34 (3) (consultation

on allocation) and this section apply again.

Part 4

Inquisitorial proceedings

Introduction

Inquisitorial proceedings

In this Act “inquisitorial proceedings” means proceedings under this Part,

presided over by a judicial panel member, examining all the circumstances

of a person’s death.

Page 39

No determination of liability

(1)

A judicial panel member presiding over inquisitorial proceedings must not

rule on, and has no power to determine, any person’s civil or criminal liability.

(2)

But a judicial panel member should not be inhibited in the discharge of their

functions by any likelihood of liability being inferred from facts that they

determine.

Deaths to be examined

(1)

The senior judicial panel member must allocate inquisitorial proceedings in

respect of a death to a judicial panel member where this section applies to

the death.

(2)

This section applies to a death caused directly by conduct forming part of

the Troubles if—

(a)

the Secretary of State gives a direction to the senior judicial panel

member in relation to the death,

(b)

the Advocate General for Northern Ireland gives a direction to the

senior judicial panel member under section 16AB of the Coroners Act

(Northern Ireland) 1959 in relation to the death, or

(c)

a coroner in Northern Ireland ceases progressing a resumed inquest

into the death for reasons relating to public interest immunity.

(3)

The Secretary of State may give a direction under subsection (2) (a) in relation

to a death only if a coroner in Northern Ireland ceased progressing an inquest

into the death for reasons relating to public interest immunity during the

period beginning with 28 February 2019 and ending with 30 April 2024.

(4)

A coroner ceases progressing an inquest “for reasons relating to public interest

immunity” if—

(a)

evidence or documents are (or are to be) withheld from the inquest

on grounds of public interest immunity, and

(b)

the coroner considers that, without the evidence or documents, it is

not possible for a final determination, verdict or findings to be made

or given at the inquest.

(5)

A “resumed inquest” is an inquest resumed in accordance with—

(a)

section 16AA of the Coroners Act (Northern Ireland) 1959, or

(b)

a direction given to the Presiding coroner under section 16AB of that

Act.

(6)

The senior judicial panel member must comply with subsection (1) as soon

as practicable after they determine that this section applies to a death; but

they may postpone allocating inquisitorial proceedings in respect of the death

to a judicial panel member if they consider that—

(a)

a person who is eligible to be appointed as a judicial panel member

would preside over the proceedings effectively and efficiently, and

(b)

that person is likely to be appointed as a judicial panel member within

a reasonable period.

Page 40

(7)

Inquisitorial proceedings in respect of a death may not be allocated to a

judicial panel member unless this section applies to the death.

Conduct of inquisitorial proceedings

Conduct of inquisitorial proceedings

(1)

A judicial panel member must preside over any inquisitorial proceedings in

respect of a death that are allocated to them.

(2)

Subject to any provision of this Act or of regulations under section 60 , the

procedure and conduct of inquisitorial proceedings are to be such as the

relevant judicial panel member may direct.

(3)

In deciding how the proceedings should be carried out, the relevant judicial

panel member—

(a)

must take into account any investigation (of any kind, including an

inquest) of the death that has previously been carried out by any other

person, and

(b)

must (in particular) ensure that they not do anything which duplicates

any aspect of any such previous investigation unless, in their view,

the duplication is essential.

(4)

The relevant judicial panel member must ensure that, in the carrying out of

the proceedings, regard is had to the context in which the conduct examined

in the course of the proceedings occurred.

(5)

If a judicial panel member presiding over inquisitorial proceedings in respect

of a death considers that those proceedings should be carried out in

conjunction with inquisitorial proceedings in respect of another death which

they are presiding over, the judicial panel member may decide to do so.

(6)

If the senior judicial panel member considers that inquisitorial proceedings

allocated to one judicial panel member should be carried out in conjunction

with other inquisitorial proceedings allocated to another judicial panel member,

the senior judicial panel member may re-allocate the proceedings accordingly.

(7)

In deciding when inquisitorial proceedings are to be conducted, the relevant

judicial panel member must have regard to the need to ensure that the

proceedings are concluded as soon as practicable.

(8)

The relevant judicial panel member may take evidence on oath, and for that

purpose may administer oaths.

(9)

The Legacy Commission must ensure that there is a lawyer to act as counsel

to any inquisitorial proceedings (whether by employing or engaging the

services of a lawyer or otherwise).

(10)

“Lawyer” means—

(a)

a solicitor or barrister in Northern Ireland,

Page 41

(b)

a person who for the purposes of the Legal Services Act 2007 is an

authorised person in relation to an activity which is a reserved legal

activity within the meaning of that Act, or

(c)

a solicitor or advocate in Scotland.

(11)

In this Act “the relevant judicial panel member”, in relation to inquisitorial

proceedings, means the judicial panel member to whom the proceedings are

allocated by the senior judicial panel member.

Notifying family members about new inquisitorial proceedings

(1)

As regards any inquisitorial proceedings, the relevant judicial panel member

must take reasonable steps to identify—

(a)

each close family member of the deceased, or

(b)

if there are no such close family members, a family member of the

deceased.

For the meaning of “close family member” of a deceased person, see section

93 .

(2)

The relevant judicial panel member must notify the following about the

inquisitorial proceedings—

(a)

each person identified in accordance with subsection (1) (a) , and

(b)

the person (if any) identified in accordance with subsection (1) (b) , if

the judicial panel member considers it would be appropriate to notify

them.

Core participants

(1)

The relevant judicial panel member may designate persons as core participants

in the inquisitorial proceedings.

(2)

A person may be designated as a core participant only if they apply to be so

designated.

(3)

A designation may be varied or revoked.

(4)

Where, as regards any inquisitorial proceedings, one or more close family

members of the deceased apply under this section, the relevant judicial panel

member must designate at least one of them.

Evidence via live link

(1)

A person required by the relevant judicial panel member to give evidence at

inquisitorial proceedings may apply to the judicial panel member for

permission to give that evidence through a live audio link or live video link

(and may do so if permission is given).

(2)

The judicial panel member must give permission unless they consider that it

is impracticable for the person to give evidence in that manner.

Page 42

(3)

Permission may be given whether the person is in the United Kingdom or

elsewhere.

(4)

If the judicial panel member refuses or withdraws permission, they must give

the person reasons for doing so.

(5)

A statement made on oath by a person outside Northern Ireland and given

in evidence through a live audio link or live video link under this section is

to be treated for the purposes of Article 3 of the Perjury (Northern Ireland)

Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made at the proceedings

in which it is given in evidence.

(6)

In this section—

“live audio link” is a live telephone link or other arrangement which—

(a)

enables a person (“P”) to hear all other persons attending

inquisitorial proceedings who are not in the same location as

P, and

(b)

enables all other persons attending inquisitorial proceedings

who are not in the same location as P to hear P;

“live video link” is a live television link or other arrangement which—

(a)

enables a person (“P”) to see and hear all other persons

attending inquisitorial proceedings who are not in the same

location as P, and

(b)

enables all other persons attending inquisitorial proceedings

who are not in the same location as P to see and hear P.

(7)

The extent (if any) to which a person is unable to hear or see by reason of

any impairment of hearing or eyesight is to be disregarded for the purposes

of subsection (6) .

Public access to proceedings and information

(1)

Subject to any restrictions imposed by a notice or order under section 56 , the

relevant judicial panel member must take such steps as they consider

reasonable to secure that members of the public (including reporters) are

able—

(a)

to attend the inquisitorial proceedings or to see and hear a

simultaneous transmission of the proceedings;

(b)

to obtain or to view a record of evidence and documents given,

produced or provided to the proceedings.

(2)

No recording or broadcast of inquisitorial proceedings may be made except—

(a)

at the request of the relevant judicial panel member, or

(b)

with their permission and in accordance with any terms on which

permission is given.

(3)

Any such request or permission must be framed so as not to enable a person

to see or hear by means of a recording or broadcast anything that the person

is prohibited, by a notice or order under section 56 , from seeing or hearing.

Page 43

Restrictions on public access etc

(1)

Restrictions may, in accordance with this section , be imposed on—

(a)

attendance at inquisitorial proceedings, or at any particular part of

inquisitorial proceedings;

(b)

the identification of any witness at inquisitorial proceedings, or at any

particular part of inquisitorial proceedings;

(c)

disclosure or publication of any evidence or documents given,

produced or provided to inquisitorial proceedings.

(2)

Restrictions may be imposed in either or both of the following ways—

(a)

by being specified in a notice (a “restriction notice”) given by the

Secretary of State to the relevant judicial panel member at any time

before the end of the inquisitorial proceedings;

(b)

by being specified in an order (a “restriction order”) made by the

relevant judicial panel member at any such time.

(3)

A restriction notice or restriction order may specify only such restrictions—

(a)

as are required by any legislation (including any assimilated

enforceable obligation) or rule of law, or

(b)

as the Secretary of State or relevant judicial panel member considers

to be—

(i)

conducive to the proceedings fulfilling their purpose, or

(ii)

necessary in the public interest,

having regard (in particular) to the matters mentioned in subsection

(4) .

(4)

Those matters are—

(a)

the extent to which any restriction on attendance, disclosure or

publication might inhibit the allaying of public concern;

(b)

any risk of harm or damage that could be avoided or reduced by any

such restriction;

(c)

the extent to which not imposing any particular restriction would be

likely to be detrimental to the welfare of any witness;

(d)

any conditions as to confidentiality subject to which a person acquired

information that they are to give, or have given, at the proceedings;

(e)

the extent to which not imposing any particular restriction would be

likely—

(i)

to cause delay or to impair the efficiency or effectiveness of

the proceedings, or

(ii)

otherwise to result in additional cost (whether to public funds

or to witnesses or others).

(5)

In subsection (4) (b) “harm or damage” includes—

(a)

death or physical or mental harm;

(b)

damage to the national security interests of the United Kingdom or

to international relations.

Page 44

(6)

For the purposes of this section and section 57 , inquisitorial proceedings end

when the final report is published under section 65 .

(7)

In this section—

“assimilated enforceable obligation” means an obligation (as modified

from time to time) which forms part of assimilated law by virtue of

section 3 of the European Union (Withdrawal) Act 2018;

“witness” , in relation to inquisitorial proceedings, means an individual

who gives evidence to, or otherwise participates in, the proceedings.

Restriction notices and orders: further provision

(1)

Restrictions specified in a restriction notice given, or a restriction order made,

in any inquisitorial proceedings have effect in addition to restrictions specified

in any earlier restriction notice given, or restriction order made, in those

proceedings.

(2)

The Secretary of State may vary or revoke a restriction notice by giving a

further notice to the relevant judicial panel member at any time before the

end of the inquisitorial proceedings in question.

(3)

The relevant judicial panel member may vary or revoke a restriction order

by making a further order at any time before the end of the inquisitorial

proceedings in question.

(4)

A restriction imposed under section 56 on disclosure or publication of evidence

or documents (a “disclosure restriction”) continues in force indefinitely,

unless—

(a)

under the terms of the relevant notice or order the restriction expires

(whether at the end of the inquisitorial proceedings or at some other

time), or

(b)

the relevant notice or order is varied or revoked under this section.

This is subject to subsection (5) .

(5)

After the end of the proceedings, a disclosure restriction does not apply to a

public authority (within the meaning of the Freedom of Information Act 2000 ),

or a Scottish public authority (within the meaning of the Freedom of

Information (Scotland) Act 2002 ), in relation to information held by the

authority otherwise than as a result of the contravention of any disclosure

restriction.

(6)

After the end of the proceedings, the Secretary of State may, by notice

published in such way as the Secretary of State considers appropriate—

(a)

revoke a restriction order or restriction notice containing a disclosure

restriction that is still in force, or

(b)

vary it so as to remove or relax any such restriction.

(7)

After the end of the proceedings, the Legacy Commission may, by notice

published in such way as it considers appropriate—

(a)

revoke a restriction order containing a disclosure restriction that is

still in force, or

Page 45

(b)

vary it so as to remove or relax any such restriction.

(8)

In this section and section 58 , “restriction notice” and “restriction order” have

the meanings given by section 56 (2) .

Restriction notices and orders: enforcement

(1)

Where a person contravenes a restriction notice or restriction order or threatens

to do so, the Secretary of State or the Legacy Commission may certify the

matter to the High Court in Northern Ireland.

(2)

The court, after hearing any evidence or representations on a matter certified

to it under subsection (1) , may make such order by way of enforcement or

otherwise as it could make if the matter had arisen in proceedings before the

court.

Legal representation and other expenses

(1)

The relevant judicial panel member may award reasonable amounts to a

person—

(a)

in respect of legal representation in relation to the inquisitorial

proceedings,

(b)

by way of compensation for loss of time in attending the proceedings,

(c)

in respect of expenses properly incurred, or to be incurred, in

attending, or otherwise in relation to, the proceedings.

(2)

A person is eligible for an award under this section in relation to any

inquisitorial proceedings only if—

(a)

they are a core participant in the proceedings (see section 53 ),

(b)

they are attending the proceedings to give evidence or to produce any

document or other thing, or

(c)

they are a person who, in the opinion of the relevant judicial panel

member, has a particular interest in the proceedings that justifies such

an award.

(3)

The relevant judicial panel member may make an award to a person under

this section only if they consider that it is in the public interest to do so,

taking into account (in particular)—

(a)

the person’s financial resources,

(b)

whether the award is needed to enable the person to give evidence

or otherwise participate in the proceedings effectively, and

(c)

the need to conduct the proceedings efficiently and without

unnecessary cost.

(4)

When determining if an award under this section should be made in respect

of a person’s legal representation other than joint representation, the relevant

judicial panel member may (in particular) take into account whether that

person could have been (or could be) jointly represented instead.

Page 46

(5)

The power to make an award under this section is subject to—

(a)

any conditions imposed by the Legacy Commission and notified by

it to the relevant judicial panel member, and

(b)

regulations made by the Secretary of State under subsection (7) .

(6)

The kinds of conditions that may be imposed by the Legacy Commission on

the making of an award under this section include conditions—

(a)

requiring matters to be taken into account by a judicial panel member

in addition to those specified in subsections (3) and (4) ,

(b)

as to the matters or things in respect of which an award may or may

not be made, and

(c)

relating to the determination of whether—

(i)

expenses (including for legal representation) have been properly

incurred, or

(ii)

costs are necessary.

(7)

The Secretary of State may by regulations make provision about awards under

this section , including provision—

(a)

about applying for an award,

(b)

about determining the amount of an award,

(c)

imposing conditions on the making of an award, including the kinds

of conditions described in subsection (6) (a) to (c) , and

(d)

for a judicial panel member to exercise a discretion, including in

relation to the matters described in paragraphs (a) to (c) .

(8)

Before making regulations under subsection (7) , the Secretary of State must

consult the Legacy Commission.

(9)

Regulations under subsection (7) —

(a)

are subject to negative procedure, and

(b)

may make different provision for different areas.

Regulations about procedure and evidence

(1)

The Secretary of State may by regulations make provision about procedure

and evidence in relation to inquisitorial proceedings.

(2)

Before making regulations under this section, the Secretary of State must

consult the Legacy Commission.

(3)

Regulations under this section are subject to negative procedure.

Referral to prosecutors

Referral to prosecutors

(1)

This section applies where inquisitorial proceedings are being, or have been,

carried out.

Page 47

(2)

If the relevant judicial panel member considers there is evidence that relevant

conduct constitutes an offence under the law of Northern Ireland by an

individual whose identity is known to that judicial panel member, they—

(a)

may refer the conduct to the Director of Public Prosecutions for

Northern Ireland, and

(b)

if the conduct is referred, must notify that prosecutor of the offence

concerned.

(3)

If the relevant judicial panel member considers there is evidence that relevant

conduct constitutes an offence under the law of England and Wales by an

individual whose identity is known to that judicial panel member, they—

(a)

may refer the conduct to the Director of Public Prosecutions (for

England and Wales), and

(b)

if the conduct is referred, must notify that prosecutor of the offence

concerned.

(4)

If the relevant judicial panel member considers there is evidence that relevant

conduct constitutes an offence under the law of Scotland by an individual

whose identity is known to that judicial panel member, they may—

(a)

refer the conduct to the Lord Advocate, and

(b)

notify that prosecutor of the offence concerned.

(5)

The Lord Advocate may direct the relevant judicial panel member to exercise

the power of referral and notification in accordance with subsection (4) ; and

that judicial panel member must comply with any such direction.

(6)

In any case where the relevant judicial panel member refers relevant conduct

to a prosecutor under this section , that judicial panel member—

(a)

must give the prosecutor such information and material relating to

the conduct as they consider appropriate, and

(b)

must, if requested to do so by the prosecutor—

(i)

obtain such information or material relating to the conduct as

it is practicable to obtain, and

(ii)

give the information or material obtained to the prosecutor.

(7)

If the prosecutor makes such a request, that judicial panel member must not

require or allow a Legacy Commission officer to assist (or further assist) them

to comply with the request if it appears to them that—

(a)

the officer may have a conflict of interest in relation to the referral of

relevant conduct, or

(b)

a matter may otherwise affect the officer’s ability to carry out work

in connection with the referral fairly and impartially.

(8)

For that purpose—

(a)

that judicial panel member may require a Legacy Commission officer

to provide information about any matter which might reasonably be

expected to give rise to such a conflict of interest or otherwise affect

the officer’s ability to carry out that work fairly and impartially, and

(b)

where a Legacy Commission officer is (or is to be) required or allowed

to assist that judicial panel member to comply with the request, the

Page 48

officer must provide that judicial panel member with information

about any such matter.

(9)

In this section “relevant conduct” means—

(a)

the conduct which caused the death to which the inquisitorial

proceedings relate (the “main conduct”), or

(b)

any other conduct that relates to, or is otherwise connected with, the

main conduct;

and for this purpose other conduct is (in particular) to be regarded as

connected with the main conduct if all of that conduct formed part of the

same event.

Reports on the findings of inquisitorial proceedings

Production of report on the findings of proceedings

(1)

This section applies where inquisitorial proceedings have been carried out.

(2)

The relevant judicial panel member must produce a final report on the findings

of the proceedings.

(3)

The final report must be as comprehensive as possible, having regard to—

(a)

the need for the report to be accessible to the public,

(b)

any restrictions imposed under section 56 on disclosure or publication

of evidence or documents, and

(c)

the duties imposed on the Legacy Commission by sections 10 (1) and

17 (2) .

(4)

The final report must include a statement of the manner in which the

proceedings were carried out.

(5)

In this Part “final report” means a report under this section.

Checks of reports for prejudicial material etc

(1)

This section applies where section 62 requires a judicial panel member to

produce a final report.

(2)

Before producing the final report, or giving a draft of the report or other

material to any person under section 64 , the judicial panel member must give

a draft of the report to—

(a)

the Secretary of State, and

(b)

any relevant authority that—

(i)

made prejudicial information or sensitive information available

under section 13 in connection with the inquisitorial

proceedings, or

(ii)

identified information as prejudicial information or sensitive

information under paragraph 2 or 3 of Schedule 4 in connection

with the proceedings.

Page 49

(3)

The judicial panel member must during the applicable response period—

(a)

allow the Secretary of State to make representations about whether

the publication of the final report by the Legacy Commission would

cause the Commission to contravene—

(i)

any restriction imposed under section 56 , or

(ii)

a duty imposed on the Commission under section 10 (1) or

17 (2) , and

(b)

allow any relevant authority which is given a draft of the report under

this section to make representations of a kind mentioned in paragraph

(a) (ii) .

(4)

“Applicable response period”, in relation to a person who is given a draft of

the report under this section, means—

(a)

the period of 60 days beginning with the day on which the draft is

given to the person, or

(b)

if the Secretary of State is satisfied that there is good reason to extend

the period, such longer period as the Secretary of State determines

and notifies to the judicial panel member before the end of the period

of 60 days.

The judicial panel member must notify the person of any period extended

under paragraph (b) .

(5)

The judicial panel member must not produce the final report, or give a draft

of the report or other material to any person under section 64 , until after the

applicable response period has ended (or all of the applicable response periods

have ended).

(6)

If representations are made in accordance with this section, the judicial panel

member must—

(a)

in producing the final report, or preparing a draft of the report or

other material to be given to a person under section 64 , take the

representations into account, and

(b)

before giving a draft of the report or other material to any person

under section 64 , notify the person who made the representations

about how the representations have been taken into account.

Consultation on reports

(1)

This section applies where—

(a)

section 62 requires a judicial panel member to produce a final report,

and

(b)

the judicial panel member has complied with all applicable duties

imposed under section 63 .

(2)

Before producing the final report, the judicial panel member must—

(a)

give a draft of the report to each core participant (if any), and

(b)

allow each core participant to make representations about the report

during the applicable response period.

Page 50

(3)

The judicial panel member is not required to give a draft of the report to a

person under subsection (2) (a) if that person has informed the judicial panel

member that they do not wish to receive it.

(4)

If it is proposed to include in the final report material criticising an individual,

the judicial panel member must, before producing the report—

(a)

give a copy of that material to the individual, and

(b)

allow the individual to make representations about that material during

the applicable response period.

(5)

If it is proposed to include in the final report material criticising a public

authority, the judicial panel member must, before producing the report—

(a)

give a copy of that material to the public authority or to a person who,

in the judicial panel member’s view, currently has responsibility for

the public authority, and

(b)

allow that public authority or person to make representations about

that material during the applicable response period.

(6)

Subsection (5) applies even if the public authority has previously been given

a draft of the final report containing that material under section 63 .

(7)

The judicial panel member must not produce the final report until after the

applicable response period has ended (or all of the applicable response periods

have ended).

(8)

When deciding whether to include particular material in the final report, the

judicial panel member—

(a)

must take into account representations made in accordance with this

section, and

(b)

may exclude the material if they consider that it would not be in the

public interest to include it.

(9)

If the judicial panel member has consulted a person under this section, this

section does not require the judicial panel member to give that person a draft

of any revised version of the final report or any material included in it.

(10)

If this section requires the judicial panel member to give a draft of the final

report to two or more persons, the judicial panel member is not required to

give the same draft to all of those persons.

(11)

“Applicable response period”, in relation to a person who is consulted under

this section, means—

(a)

the period of 30 days beginning with the day on which the draft or

copy of material is given to the person, or

(b)

if the judicial panel member is satisfied that there is good reason to

extend the period, such longer period as the judicial panel member

determines.

The judicial panel member must notify the person of any period extended

under paragraph (b) .

(12)

In this section —

Page 51

“ “material criticising a public authority” ” means material which, in the

judicial panel member’s view, constitutes significant criticism of a

public authority (and that material may consist of or include criticism

of one or more individuals, whether living or not);

“ “material criticising an individual” ” means material which, in the judicial

panel member’s view, constitutes significant criticism of a living

individual who was involved in the conduct examined in the course

of the inquisitorial proceedings.

Publication of reports

(1)

This section applies where a judicial panel member has produced a final

report.

(2)

The Legacy Commission must publish the final report in such manner as it

considers appropriate.

Final reports: supplementary provisions

(1)

The duties under sections 62 to 65 must be complied with as soon as

practicable after the inquisitorial proceedings have been carried out; but this

is subject to subsection (2) .

(2)

If any of the conduct examined in the course of the inquisitorial proceedings

is or has been referred to a prosecutor under section 61 , the final report is

not to be produced or published unless and until—

(a)

the prosecutor has made a decision not to prosecute P for any relevant

offence, or

(b)

if the prosecutor has made a decision to prosecute P for any relevant

offence or offences, the prosecution or prosecutions are no longer

continuing.

(3)

For the purposes of subsection (2) —

(a)

“P” means the person who carried out the conduct referred under

section 61 (“the referred conduct”);

(b)

“relevant offence”, in relation to a referral to a prosecutor under section

61 , means—

(i)

a suspected offence notified to the prosecutor under section 61

in connection with the referral, or

(ii)

any other offence which the referred conduct constitutes;

(c)

section 42 (3) (whether prosecution is regarded as continuing) applies

as it applies for the purposes of section 42 (2) .

Page 52

Part 5

Investigations and inquisitorial proceedings: general

Personal statements

Personal statements by persons affected by deaths etc

(1)

This section applies where—

(a)

an investigation under Part 3 is being carried out, or

(b)

inquisitorial proceedings are being carried out.

(2)

The appropriate judicial panel member must give each eligible person an

opportunity to provide, to the Legacy Commission, a statement (a “personal

statement”) about the way in which, and degree to which, the matters

mentioned in subsection (3) have affected, and continue to affect—

(a)

the eligible person, and

(b)

any other persons (so far as the eligible person is aware of, and wishes

the statement to deal with, the effect on those persons).

(3)

The matters are—

(a)

in the case of an investigation under Part 3 , the conduct to which the

investigation relates (“relevant conduct”), any death or serious physical

or mental harm caused by the relevant conduct and the event during

which the relevant conduct occurred;

(b)

in the case of inquisitorial proceedings, the death to which the

proceedings relate, the conduct that caused the death and the event

during which that conduct occurred.

(4)

If an eligible person provides a personal statement, the appropriate judicial

panel member must give the eligible person an opportunity to supplement

the statement.

(5)

“Eligible person”, in the case of an investigation under Part 3 , means—

(a)

if a person’s death was caused by relevant conduct—

(i)

each known close family member of the deceased, or

(ii)

if there are no known close family members, any known family

member of the deceased to whom the judicial panel member

considers it appropriate to give an opportunity to provide a

personal statement;

(b)

if a person (“the injured person”) was caused to suffer serious physical

or mental harm by relevant conduct—

(i)

the injured person, or

(ii)

if the injured person has subsequently died, each known close

family member of the injured person or, if there are no known

close family members, any known family member of the injured

person to whom the judicial panel member considers it

appropriate to give an opportunity to provide a personal

statement.

Page 53

(6)

“Eligible person”, in the case of inquisitorial proceedings, means—

(a)

each known close family member of the deceased, or

(b)

if there are no known close family members, any known family

member of the deceased to whom the judicial panel member considers

it appropriate to give an opportunity to provide a personal statement.

(7)

For the purposes of this section —

(a)

“the appropriate judicial panel member” means the judicial panel

member appointed under section 38 or (as the case may be) presiding

over the inquisitorial proceedings;

(b)

a person is “known” if they are known to the Legacy Commission by

virtue of any of its functions under this Act;

(c)

section 27 (3) (meaning of “serious physical or mental harm”) applies.

(8)

For the meaning of “close family member” of the deceased, see section 93 .

Publication of personal statements

(1)

This section applies where an eligible person—

(a)

provides a personal statement in accordance with section 67 , and

(b)

notifies the Legacy Commission that they wish the personal statement

to be published by the Commission.

(2)

The Legacy Commission must publish the personal statement.

(3)

But that duty does not apply if publication of the personal statement—

(a)

would contravene section 10 (1) or 17 (2) ,

(b)

would contravene any restriction imposed under section 56 , or

(c)

would, in the appropriate judicial panel member’s view, be contrary

to the public interest.

(4)

In such a case, the appropriate judicial panel member must, if it is possible

to do so, produce an edited version of the personal statement the publication

of which would not—

(a)

contravene section 10 (1) or 17 (2) ,

(b)

contravene any restriction imposed under section 56 , or

(c)

be, in the appropriate judicial panel member’s view, contrary to the

public interest.

(5)

Where—

(a)

the appropriate judicial panel member produces an edited version of

a personal statement in accordance with subsection (4) , and

(b)

the person who provided the personal statement agrees to the

publication of that version,

the Legacy Commission must publish that version.

(6)

The duties under subsections (2) , (4) and (5) do not apply if, and for as long

as, section 42 (2) or 66 (2) has the effect of suspending the duty to publish any

final report on the findings of the investigation or inquisitorial proceedings

in question.

Page 54

(7)

If the Legacy Commission—

(a)

intends to publish an edited version of the personal statement in

accordance with subsection (5) , or

(b)

intends to publish neither—

(i)

the personal statement because subsection (3) applies, nor

(ii)

any edited version of the personal statement because it is not

possible to do so in accordance with subsection (4) ,

it must give the person who provided the personal statement reasons for its

decision.

(8)

In this section —

(a)

“the appropriate judicial panel member” has the meaning given by

section 67 (7) (a) ;

(b)

a reference to a personal statement includes anything which

supplements a personal statement;

(c)

a reference to an edited version of a personal statement includes a

version of the statement which has been redacted.

Welfare of witnesses etc

Duty to have regard to welfare of witnesses etc

(1)

This section applies where an investigation under Part 3 or inquisitorial

proceedings are being carried out.

(2)

The relevant Director of Investigations or relevant judicial panel member (as

the case may be) must, in exercising their functions in relation to the

investigation or proceedings, have regard to the welfare of any individual

who gives evidence to, or otherwise participates in, the investigation or

proceedings.

Referrals to the Police Ombudsman for Northern Ireland

Referral to the Police Ombudsman for Northern Ireland

(1)

This section applies where an investigation under Part 3 or inquisitorial

proceedings are being, or have been, carried out.

(2)

If the relevant Director of Investigations or relevant judicial panel member

(as the case may be) considers there is evidence that a member of the PSNI

may have committed a relevant offence, they must refer the matter to the

Police Ombudsman for Northern Ireland (“the Ombudsman”).

(3)

A “relevant offence” is any Troubles-related offence other than—

(a)

murder, manslaughter or culpable homicide,

(b)

any other offence committed by causing the death of a person,

(c)

an offence committed by causing a person to suffer serious physical

or mental harm (within the meaning given by section 27 (3) ), or

Page 55

(d)

an offence which is not itself within paragraph (a) , (b) or (c) but which

is related to, or is otherwise connected with, an offence within any of

those paragraphs (whether the offences were committed by the same

person or different persons).

For this purpose, one offence is to be regarded as connected with another

offence (in particular) if both offences formed part of the same event.

(4)

For the purposes of this section an offence is “Troubles-related” if—

(a)

it is an offence under the law of Northern Ireland, England and Wales

or Scotland, and

(b)

the conduct which constitutes the offence was to any extent conduct

forming part of the Troubles.

(5)

Subsection (6) applies if—

(a)

the Ombudsman sends a report to the Director of Public Prosecutions

for Northern Ireland under section 58 (2) of the Police (Northern

Ireland) Act 1998 in connection with a referral under this section , and

(b)

the Ombudsman is requested under section 58 (3) of that Act to provide

further information in connection with the report.

(6)

If the Legacy Commission holds any of the requested information and may

(under another provision of this Act) disclose that information to the

Ombudsman, it must do so.

Investigation by the Ombudsman following

(1)

Part 7 of the Police (Northern Ireland) Act 1998 (police complaints and

disciplinary proceedings) is amended as follows.

(2)

In section 50A (complaints relating to conduct forming part of the Troubles),

after subsection (5) insert—

“(5A)

This section does not prevent the Ombudsman from—

(a)

carrying out an investigation under section 56 in connection

with a referral to the Ombudsman under section 70 of the

Northern Ireland Troubles Act 2025, or

(b)

carrying out a criminal investigation for the purposes of a

prosecution, other than a private prosecution, in connection

with such a referral.”

(3)

In section 55 (consideration by the Ombudsman of matters other than

complaints)—

(a)

in subsection (5), after “or (4A),” insert “or section 70 of the Northern

Ireland Troubles Act 2025,”;

(b)

in subsection (7), after paragraph (b) insert—

“(c)

the Legacy Commission, in the case of a matter referred

under section 70 of the Northern Ireland Troubles Act

2025,”.

(4)

In section 59 (disciplinary proceedings after investigation)—

Page 56

(a)

in subsection (1), after “section 57(8)” insert “, other than a

Troubles-related report,”;

(b)

after subsection (1) insert—

“(1ZA)

Subsection (1B) also applies if—

(a)

the Director decides to initiate criminal proceedings in

relation to the subject matter of a Troubles-related report

sent to the Director under section 58(2), and

(b)

a member of the police force is convicted in those

proceedings.

(1ZB)

A “Troubles-related report” is a report under section 56(6) in

connection with a matter referred to the Ombudsman under

section 70 of the Northern Ireland Troubles Act 2025.”

(5)

In section 62 (statements by Ombudsman about exercise of functions)—

(a)

the existing text becomes subsection (1) ;

(b)

after subsection (1) insert—

“(2)

If the Ombudsman proposes to publish such a statement in

relation to a matter referred under section 70 of the Northern

Ireland Troubles Act 2025, the Ombudsman—

(a)

must not publish the statement until after the final

report is published, and

(b)

must not duplicate the content of that report, except to

the extent necessary to explain the Ombudsman’s

actions, decisions or determinations.

(3)

The “final report” means the report published under section

41 or 65 of that Act following the investigation or inquisitorial

proceedings (as the case may be) in connection with which the

referral was made.”

(6)

In section 63 (disclosure of information), after subsection (4) insert—

“(5)

Subsection (1) does not permit the disclosure of sensitive information

except to—

(a)

a person to whom subsection (1) applies;

(b)

the Director of Public Prosecutions for Northern Ireland;

(c)

the Director of Public Prosecutions;

(d)

the Lord Advocate;

(e)

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;

(f)

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).

Page 57

(6)

For the purposes of subsection (5) —

(a)

information is “sensitive information” if it was received by a

person to whom subsection (1) applies under paragraph 4 (2) (g)

of Schedule 5 to the Northern Ireland Troubles Act 2025, and

(b)

information ceases to be sensitive information if the Legacy

Commission notifies a person to whom subsection (1) applies

that the information is no longer sensitive information for the

purposes of that Act.”

(7)

In section 64 (Department of Justice regulations), in subsection (2A) (b) , after

“or (4A)” insert “, or section 70 of the Northern Ireland Troubles Act 2025,”.

Part 6

The Independent Commission on Information Retrieval

The ICIR and its remit

The Independent Commission on Information Retrieval

(1)

In this Part—

“the ICIR” means the Independent Commission on Information Retrieval

established by an agreement made between His Majesty’s Government

in the United Kingdom and the Government of Ireland done at Belfast

on 15 October 2015, and

“the ICIR agreement” means that agreement (as amended from time to

time).

(2)

The principal functions of the ICIR are—

(a)

to receive and retain information about deaths within its remit (see

section 73 ), and

(b)

where requested, to seek information and provide reports about those

deaths to families (see sections 74 to 77 ).

(3)

The ICIR has the legal capacities of a body corporate.

(4)

The ICIR has the functions conferred on it by this Part and any additional

functions conferred on it by the ICIR agreement; and it must exercise those

functions in accordance with this Part and that agreement.

(5)

The ICIR must not do anything which—

(a)

would risk prejudicing, or would prejudice, the national security

interests of the United Kingdom or Ireland,

(b)

would risk putting, or would put, the life or safety of any person at

risk, or

(c)

would risk having, or would have, a prejudicial effect on any actual

or prospective legal proceedings in any part of the United Kingdom

or Ireland.

(6)

For the purposes of subsection (5) (c) —

Page 58

(a)

“legal proceedings” means any criminal or civil proceedings, including

proceedings before a coroner or an inquiry under the Inquiries into

Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2),

and

(b)

legal proceedings are “prospective” at any time if, in the view of the

ICIR, the proceedings are likely to be brought within a reasonable

period after that time.

(7)

The Secretary of State may make payments or provide other resources to, or in respect

of, the ICIR in connection with the exercise of the ICIR’s functions.

Information about deaths

(1)

A person’s death is within the remit of the ICIR if the death was caused

directly by conduct forming part of the Troubles.

(2)

It is a function of the ICIR to receive and retain information about deaths

within its remit.

(3)

The ICIR must not disclose the name or identity of any individual from whom

the ICIR has received information about a death within its remit.

(4)

Where the ICIR has received information about a death within its remit, it

must not disclose the name or identity of any individual who is identified

by that information as being responsible for any of the conduct which caused

the death.

(5)

The provision of information by a person to the ICIR does not give the person

immunity from prosecution for any criminal offence.

(6)

Information provided to the ICIR about a death within its remit and any

evidence obtained directly or indirectly as a result of the information being

provided to the ICIR—

(a)

is not admissible in legal proceedings (which has the meaning given

in section 72 (6) ), and

(b)

may not be used by the Legacy Commission in connection with an

investigation under Part 3 or inquisitorial proceedings.

(7)

Subsection (6) does not affect the admissibility or use of—

(a)

information which is held by a person other than the ICIR, unless that

information has been obtained directly or indirectly from the ICIR, or

(b)

evidence obtained otherwise than as described in that subsection, even

if the evidence has also been obtained as described in that subsection.

Requests for information about deaths

Requests by families for information

(1)

Where a person’s death is within the remit of the ICIR, a family member of

the deceased may make a request to the ICIR for information about the death.

Page 59

(2)

The ICIR must keep a person who makes a request under this section informed

about the progress of the request.

(3)

A request under this section may not be made after the end of the request

period.

(4)

The “request period” is the period of two years beginning with the day on

which this section comes into force for all purposes.

(5)

The Secretary of State may by regulations amend subsection (4) so as to

increase the length of the period for the time being specified in that provision.

(6)

Regulations under subsection (5) are subject to affirmative procedure.

Accepting and rejecting requests for information

(1)

This section applies where a person makes a request under section 74 .

(2)

The ICIR must reject the request if—

(a)

the ICIR considers that an investigation (by a person other than the

ICIR) of the death to which the request relates is necessary for the

purposes of ECHR compatibility, or

(b)

an investigation under Part 3 of the conduct which caused that death

is being carried out as a criminal investigation.

(3)

For the purposes of subsection (2) (a) —

(a)

an investigation is “necessary for the purposes of ECHR compatibility”

where the United Kingdom would contravene Article 2 or 3 of the

Convention (within the meaning of the Human Rights Act 1998 ) if the

investigation were not carried out, and

(b)

“investigation”, in relation to a death, includes an inquest (or, in

Scotland, an inquiry) into that death.

(4)

For the purposes of subsection (2) (b) , an investigation under Part 3 is “carried

out as a criminal investigation” unless and until the relevant Director of

Investigations decides that it is not to be carried out as a criminal investigation

(see section 36 (2) and (3) ).

(5)

Subject to subsection (2) , the ICIR—

(a)

must accept the request if it is made by a person who is a close family

member of the deceased (see section 93 ) and meets the residency

qualification;

(b)

may accept the request if—

(i)

it is made by a person who is a close family member of the

deceased but does not meet the residency qualification, and

(ii)

the ICIR is satisfied that it is nevertheless appropriate to accept

the request;

(c)

must reject the request if it is made by a family member of the

deceased other than a close family member, unless the ICIR is

satisfied—

Page 60

(i)

that no close family member of the deceased objects to the

request, and

(ii)

that it is appropriate to accept the request,

(in which case the ICIR may accept the request).

(6)

When determining for the purposes of subsection (5) (c) whether it is

“appropriate” to accept the request, the ICIR must have regard (in particular)—

(a)

to the family relationship between the person making the request and

the deceased, and

(b)

to whether the person making the request meets the residency

qualification.

(7)

The person making the request meets the “residency qualification” if the

person—

(a)

was resident in the United Kingdom or Ireland at the time of the

deceased’s death, or

(b)

is resident in the United Kingdom or Ireland at the time the request

is made.

Reports for families

(1)

This section applies where the ICIR accepts a request made under section 74 .

(2)

The ICIR must—

(a)

seek information about the death to which the request relates,

(b)

produce a report about the death at the conclusion of its enquiries

into the death, and

(c)

give the report to the person who made the request.

(3)

The report must contain only information the credibility of which has been

established to the satisfaction of the ICIR.

(4)

If further (credible) information about the death is obtained by the ICIR after

the report is produced or given, the ICIR may produce and give a revised

report under subsection (2) (c) .

(5)

If a report about the death has previously been produced and given under

subsection (2) for an earlier request, it is for the ICIR to determine if, and to

what extent, it should again seek information about the death before producing

the report for the current request.

(6)

If—

(a)

before the ICIR produces or gives the report, the Legacy Commission

begins an investigation under Part 3 of the conduct which caused the

death, and

(b)

that investigation is being carried out as a criminal investigation (which

has the meaning given by section 75 (4) ),

the ICIR must not produce or give the report unless and until the final report

on the findings of the investigation is published under section 41 .

Page 61

(7)

The functions conferred by this section must (in particular) be exercised in

accordance with—

(a)

section 77 , and

(b)

Article 11 of the ICIR agreement.

(8)

A report produced under this section is referred to in this Part as a “family

report”.

Reports for families: safeguards

(1)

This section applies in relation to a family report.

(2)

Before giving the report to a person under section 76 (2) (c) , the ICIR must

give a draft of the report to the Secretary of State.

(3)

The Secretary of State may, during the decision period, notify the ICIR either—

(a)

that, in the Secretary of State’s view, none of the information contained

in the report would prejudice the national security interests of the

United Kingdom or put at risk the life or safety of any person in the

United Kingdom, or

(b)

that, in the Secretary of State’s view, information contained in the

report would cause that prejudice or risk.

(4)

A notification under subsection (3) (b) must identify the particular information

which would, in the Secretary of State’s view, cause that prejudice or risk.

(5)

The ICIR must not give the report to a person under section 76 (2) (c) unless—

(a)

the Secretary of State gives a notification under subsection (3) (a) ,

(b)

the Secretary of State gives a notification under subsection (3) (b) and,

before giving the report to the person, the ICIR excludes from it all

information identified under subsection (4) , or

(c)

the decision period ends without the Secretary of State giving a

notification under subsection (3) (a) or (b) .

(6)

Where—

(a)

the Secretary of State gives a notification under subsection (3) (b) , and

(b)

the ICIR does not change the report as described in subsection (5) (b) ,

this section does not prevent the ICIR from producing a different report under

section 76 (and this section applies again in relation to any different report

that is produced).

(7)

The ICIR must not give a family report to any person except—

(a)

under section 76 (2) (c) , and

(b)

in accordance with this section .

(8)

In this section “decision period”, in relation to a family report, means the

period of 60 days beginning with the day on which a draft of the report is

given to the Secretary of State.

Page 62

Communication between the ICIR and Legacy Commission

(1)

The ICIR must notify the Legacy Commission where a request under section

74 is made.

(2)

A notification under subsection (1) must specify the death to which the request

relates (“the relevant death”).

(3)

After receiving a notification under subsection (1) , the Legacy Commission

must—

(a)

give the ICIR a notice stating whether it is carrying out an investigation

under Part 3 of the conduct which caused the relevant death, and

(b)

if it subsequently begins such an investigation, notify the ICIR of that

fact.

(4)

The ICIR must notify the Legacy Commission of whether (under section 75

) it accepts or rejects the request.

(5)

If the ICIR rejects the request, subsection (3) (b) ceases to apply in relation to

the request.

(6)

Where the Legacy Commission notifies the ICIR under subsection (3) that it

is carrying out an investigation of the conduct which caused the relevant

death, the notification must state whether the investigation is being carried

out as a criminal investigation (which has the meaning given by section 75 (4) ).

(7)

If whether or not the investigation is being carried out as a criminal

investigation subsequently changes, the Legacy Commission must notify the

ICIR of that fact.

Offences

Unauthorised disclosure of family report by member of the ICIR

(1)

A person who is a member of the ICIR commits an offence if their conduct

(in any part of the world) causes the ICIR to contravene the duty imposed

under section 77 (7) (restriction on disclosing family reports).

(2)

A person who commits an offence under this section is liable—

(a)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding the statutory

maximum (or both);

(b)

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);

(c)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum

(or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine (or both).

Page 63

Unauthorised disclosure of information by member of the ICIR etc

(1)

A person who is the holder of a relevant position commits an offence if—

(a)

the person discloses (in any part of the world except Ireland)

information about a death within the ICIR’s remit,

(b)

the person obtained the information in their capacity as the holder of

a relevant position, and

(c)

the person is not authorised by the ICIR to make the disclosure on

the ICIR’s behalf.

(2)

It is a defence for a person charged with an offence under subsection (1) to

prove that they reasonably believed that the ICIR had authorised them to

make the disclosure.

(3)

A person who has ceased to be the holder of a relevant position commits an

offence if—

(a)

the person discloses (in any part of the world except Ireland)

information about a death within the ICIR’s remit, and

(b)

the person obtained the information in their capacity as the holder of

a relevant position.

(4)

The communication of information to a person who holds a relevant position

is not a disclosure of the information for the purposes of this section .

(5)

A person who commits an offence under this section is liable—

(a)

on summary conviction in Northern Ireland, to imprisonment for a

term not exceeding 6 months or a fine not exceeding the statutory

maximum (or both);

(b)

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);

(c)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum

(or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine (or both).

(6)

A reference in this section to a person holding a relevant position is a reference

to the person being—

(a)

a member of the ICIR,

(b)

a member of the staff of the ICIR, or

(c)

an agent of, or person carrying out work for or giving advice to, the

ICIR.

Supplementary provision

Legal privileges

(1)

Except in so far as in any particular case any privilege or immunity is waived

by the ICIR, the ICIR has immunity from suit and legal process.

Page 64

(2)

Except in so far as in any particular case the ICIR waives it, the ICIR has the

like inviolability of official archives and premises as in accordance with the

1961 Convention Articles is accorded in respect of the official archives and

premises of a diplomatic mission.

(3)

But the ICIR may not waive any inviolability of official archives in so far as

they contain—

(a)

information about deaths within the ICIR’s remit, and

(b)

records that relate to such information.

(4)

The Secretary of State may by regulations—

(a)

confer on the ICIR, in such cases, to such extent and with such

modifications as the regulations may specify, any of the privileges and

immunities set out in Part 1 of Schedule 1 to the International

Organisations Act 1968 which are not conferred by subsections (1) and

(2) ,

(b)

confer on members and staff of the ICIR and members of their families

who form part of their households, in such cases, to such extent and

with such modifications as the regulations may specify, any of the

privileges and immunities set out in Parts 2 , 3 and 5 of that Schedule,

and

(c)

make provision about the waiver of such privileges and immunities.

(5)

The reference in subsection (4) (b) to staff of the ICIR includes agents of, and

persons carrying out work for or giving advice to, the ICIR.

(6)

In this section “the 1961 Convention Articles” means the Articles (being certain

Articles of the Vienna Convention on Diplomatic Relations signed in 1961)

which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .

Annual reports

(1)

In the period of 6 months after the end of each financial year, the ICIR must—

(a)

produce and publish a report about that year, and

(b)

give a copy of the report to His Majesty’s Government in the United

Kingdom and to the Government of Ireland.

(2)

The report must deal with the following matters—

(a)

patterns and themes that the ICIR has identified from its work,

(b)

the level of co-operation that the ICIR has received in carrying out its

work,

(c)

the finances of the ICIR,

(d)

the administration of the ICIR,

(e)

the number of requests made under section 74 ,

(f)

the number of family reports given under section 76 , and

(g)

the volume of information about deaths received by the ICIR.

(3)

Each report must include a statement of the number of notifications under

section 77 (3) (b) (risk of prejudice or harm arising from family reports) which

the Secretary of State has, in the financial year concerned, given to the ICIR.

Page 65

(4)

“Financial year”, in relation to the ICIR, means—

(a)

the period which—

(i)

begins with the day on which section 74 comes into force for

all purposes, and

(ii)

ends with the following 31 March; and

(b)

each subsequent period of one year which ends with 31 March.

Conclusion of the ICIR’s work

(1)

At the end of the ICIR’s operational period, the ICIR must destroy—

(a)

all the information it holds about deaths within its remit, and

(b)

all the records it holds which relate to such information.

(2)

The ICIR’s “operational period” is the period—

(a)

beginning when the request period begins, and

(b)

ending 6 months after the end of the request period.

Section 74 (4) (meaning of “request period”) applies for the purposes of this

subsection.

(3)

The Secretary of State may by regulations amend subsection (2) (b) so as to

increase or decrease the number of months for the time being specified in

that provision.

(4)

The Secretary of State may by regulations make provision for winding up the ICIR

after the end of the operational period.

(5)

Regulations under subsection (4) may (in particular) make provision for the transfer

of property, rights and liabilities (whether or not otherwise capable of being

transferred), including any acquired or arising after the regulations are made.

(6)

Regulations under subsection (4) may (in particular) repeal or otherwise

amend any provision of this Part other than—

(a)

section 73 (5) to (7) ,

(b)

section 80 (3) to (6) ,

(c)

section 81 , and

(d)

this section.

(7)

Before making regulations under subsection (4) , the Secretary of State must

consult—

(a)

the Government of Ireland, and

(b)

any other person the Secretary of State considers appropriate.

(8)

The provision that may be made in regulations under subsection (4) by virtue

of section 92 (5) includes provision to secure that the information and records

referred to in subsection (1) are destroyed (whether by the ICIR or otherwise).

(9)

Regulations under this section are subject to affirmative procedure.

(10)

If a draft of an instrument containing regulations under subsection (4) would,

apart from this subsection, be treated for the purposes of the Standing Orders

Page 66

of either House of Parliament as a hybrid instrument, it is to proceed in that

House as if it were not a hybrid instrument.

Part 7

Inquests

Stopped inquests in Northern Ireland

(1)

The Coroners Act (Northern Ireland) 1959 is amended as follows.

(2)

In section 16A (closure of inquests into deaths resulting directly from the

Troubles)—

(a)

for subsection (1) substitute—

“(1)

This section applies to an inquest into a death that resulted

directly from the Troubles if—

(a)

the inquest was initiated before 1 May 2024 but not

allocated to a coroner before that day, or

(b)

the inquest was initiated and allocated to a coroner

before 1 May 2024 but the coroner ceased progressing

the inquest before that day for reasons relating to public

interest immunity.”;

(b)

after subsection (4) insert—

“(5)

Subsections (2) and (3) are subject to section 16AB (2) (a)

(inquests resumed at direction of Advocate General).

(6)

For the purposes of this section, a coroner ceases progressing

an inquest “for reasons relating to public interest immunity”

if—

(a)

evidence or documents are (or are to be) withheld from

the inquest on grounds of public interest immunity,

and

(b)

the coroner considers that, without the evidence or

documents, it is not possible for a final determination,

verdict or findings to be made or given at the inquest.”

(3)

After section 16A insert—

“16AA

Stopped inquests: duty of coroners to resume formerly active inquests

(1)

This section applies to an inquest into a death that resulted directly

from the Troubles if—

(a)

the inquest was initiated and allocated to a coroner before 1

May 2024,

(b)

the coroner did not cease progressing the inquest before that

day for reasons relating to public interest immunity, and

(c)

section 16A (as it had effect on 1 May 2024) required the

coroner to close the inquest.

(2)

The coroner must resume and conduct the inquest.

Page 67

(3)

If the coroner is unable to do so, the Presiding coroner must allocate

the inquest to another coroner for the purposes of subsection (2) .

(4)

Section 16A (6) applies for the purposes of this section.

16AB

Stopped inquests: power of Advocate General to give directions

(1)

This section applies to an inquest into a death that resulted directly

from the Troubles if the inquest was initiated before 1 May 2024 by

virtue of a direction under section 14 but not allocated to a coroner

before that day.

(2)

The Advocate General for Northern Ireland (“the Advocate General”)

must either—

(a)

direct the Presiding coroner to allocate a coroner to resume

and conduct the inquest (and the allocated coroner must do

so), or

(b)

direct the senior judicial panel member, appointed under the

Northern Ireland Troubles Act 2025, that section 50 of that Act

applies to the death.

(3)

For the purposes of deciding which kind of direction to give under

subsection (2) , the Advocate General may require the Presiding coroner

to provide any information held by the Presiding coroner in connection

with the inquest.

(4)

In deciding which kind of direction to give under subsection (2) , the

Advocate General must (in particular) take into account—

(a)

whether timely progress is more likely to be made by resuming

the inquest or by carrying out the inquisitorial proceedings

(under Part 4 of the Northern Ireland Troubles Act 2025),

(b)

the views of known family members of the person to whose

death the inquest relates on which kind of direction should be

given, and

(c)

the views of relevant authorities on which kind of direction

should be given.

(5)

The Advocate General must give a direction under subsection (2) (b)

if sensitive information would be—

(a)

likely to be disclosed in the course of a resumed inquest or

inquisitorial proceedings, or

(b)

likely to be withheld from a resumed inquest on grounds of

public interest immunity,

unless, in all the circumstances and taking into account the factors

specified in subsection (4) , they consider it appropriate to give a

direction under subsection (2) (a) .

(6)

For the purposes of subsections (4) and (5) —

Page 68

(a)

a family member is “known” if they are known to the Advocate

General by virtue of any of the Advocate General’s functions,

and

(b)

“relevant authority” and “sensitive information” have the same

meanings as in the Northern Ireland Troubles Act 2025.

(7)

The Advocate General must give the direction under subsection (2)

before the end of the decision period, unless it is not practicable to

do so (in which case the direction must be given as soon as practicable

after the end of that period).

(8)

The “decision period” is the period of 18 months beginning with the

day on which this section comes into force for all purposes.

16AC

Resumed inquests: general provision

(1)

This section applies in relation to an inquest resumed in accordance

with—

(a)

section 16AA , or

(b)

a direction given to the Presiding coroner under section 16AB .

Such an inquest is referred to in this section and section 16AD as a

“resumed inquest”.

(2)

Rules under section 36(1)(b) may make provision about a resumed

inquest, including provision—

(a)

for a resumed inquest to proceed (for all or certain purposes)

as a fresh inquest or an inquest resumed after being adjourned;

(b)

for things previously done in connection with a resumed

inquest—

(i)

to be taken into account,

(ii)

to be ignored, or

(iii)

to continue to have, to again have, or to cease to have,

effect;

(c)

for a coroner conducting a resumed inquest to exercise a

discretion in relation to the matters described in paragraphs

(a) and (b) .

(3)

A coroner conducting a resumed inquest must not do anything which

duplicates anything previously done in connection with the inquest

unless, in the coroner’s view, the duplication is essential.

(4)

The Presiding coroner must consult the Advocate General for Northern

Ireland before issuing guidance about the management or conduct of

resumed inquests (including guidance relating to the welfare of

individuals who give evidence to, or otherwise participate in, such

inquests).

(5)

A coroner must have regard to guidance issued by the Presiding

coroner about the management or conduct of resumed inquests.

Page 69

16AD

Resumed inquests: live links

(1)

A person required by a coroner to give evidence at a resumed inquest

may apply to the coroner for permission to give that evidence through

a live audio link or live video link (and may do so if permission is

given).

(2)

The coroner must give permission unless they consider that it is

impracticable for the person to give evidence in that manner.

(3)

Permission may be given whether the person is in the United Kingdom

or elsewhere.

(4)

If the coroner refuses or withdraws permission, they must give reasons

to the person.

(5)

A statement made on oath by a person outside Northern Ireland and

given in evidence through a live audio link or live video link under

this section is to be treated for the purposes of Article 3 of the Perjury

(Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been

made in the inquest in which it is given in evidence.

(6)

In this section—

“live audio link” is a live telephone link or other arrangement

which—

(a)

enables a person (“P”) to hear all other persons

attending an inquest who are not in the same location

as P, and

(b)

enables all other persons attending an inquest who are

not in the same location as P to hear P;

“live video link” is a live television link or other arrangement

which—

(a)

enables a person (“P”) to see and hear all other persons

attending an inquest who are not in the same location

as P, and

(b)

enables all other persons attending an inquest who are

not in the same location as P to see and hear P.

(7)

The extent (if any) to which a person is unable to hear or see by reason

of any impairment of hearing or eyesight is to be disregarded for the

purposes of subsection (6) .

16AE

Coroners to notify deaths subject to inquisitorial proceedings

(1)

Where an inquest into a person’s death is allocated to a coroner and

it appears to the coroner that section 50 of the Northern Ireland

Troubles Act 2025 (deaths subject to inquisitorial proceedings) applies

to the death, they must notify the senior judicial panel member (within

the meaning of that Act) of that fact.

(2)

Where the senior judicial panel member receives a notification under

subsection (1) from a coroner, they must—

Page 70

(a)

determine whether section 50 of the Northern Ireland Troubles

Act 2025 applies to the death, and

(b)

if they determine that section does apply to the death, notify

the coroner of that determination.

(3)

If a coroner receives a notification under subsection (2) (b) about a

death and they have not yet closed the inquest mentioned in subsection

(1) , they must close it (including by discharging any jury that has been

summoned).

(4)

A duty imposed by this section must be complied with as soon as

practicable.”

(4)

In section 16C (interpretation)—

(a)

in subsection (1) , for “and 16B” substitute “to 16B”;

(b)

after subsection (4) insert—

“(5)

An inquest is “allocated” to a coroner if, after being initiated,

the Presiding coroner makes that coroner responsible for

conducting the inquest to its conclusion.”

Inquests directed by Law Officers after winding up of Legacy Commission

(1)

The Secretary of State may by regulations repeal or otherwise amend a relevant

enactment for the purpose of enabling and requiring inquests (or, in Scotland,

inquiries) to be held into deaths caused directly by conduct forming part of

the Troubles—

(a)

after the Secretary of State has made regulations under section 25 (1)

(winding up of Legacy Commission),

(b)

at the direction of the relevant law officer, and

(c)

in such circumstances as may be specified.

(2)

“Relevant enactment” means—

(a)

the Coroners Act (Northern Ireland) 1959 ,

(b)

the Coroners Act 1988 ,

(c)

the Coroners and Justice Act 2009 , or

(d)

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

Act 2016 (asp 2).

(3)

“The relevant law officer”, in relation to—

(a)

the Coroners Act (Northern Ireland) 1959 , means the Attorney General

for Northern Ireland or Advocate General for Northern Ireland;

(b)

the Coroners Act 1988 and the Coroners and Justice Act 2009 , means

the Attorney General;

(c)

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

Act 2016 , means the Lord Advocate.

(4)

Regulations under this section are subject to affirmative procedure.

Page 71

Part 8

Further provision relating to the Troubles

The historical record of deaths

Production of the historical record

(1)

The Legacy Commission must produce a record (“the historical record”) of

deaths that were caused by conduct forming part of the Troubles.

(2)

The historical record is to consist of a single document which gives an account

of the circumstances in which each of the relevant deaths occurred.

(3)

The Legacy Commission must take all reasonable steps—

(a)

to identify all deaths that were caused by conduct forming part of the

Troubles, and

(b)

to identify and obtain—

(i)

the information about the relevant deaths that is publicly

available, and

(ii)

other information about the relevant deaths which the Legacy

Commission considers is likely to be of use in producing the

historical record.

(4)

The Legacy Commission may request a person to provide information in

connection with the production of the historical record.

(5)

But it may not request information that relates to a relevant death, or to the

event in which that death occurred (“the relevant event”), to be provided

by—

(a)

a member of the family of the deceased,

(b)

a person who suffered physical or mental harm as a result of the

relevant event or a member of that person’s family, or

(c)

a member of the family of any other person whose death was caused

by conduct forming part of the relevant event.

(6)

Subsection (5) does not prevent the Legacy Commission from making a request

to a person in their capacity as the holder of an employment, office or other

position.

(7)

A person may provide information if requested to do so by the Legacy

Commission, but only if the provision of the information would not

contravene—

(a)

any obligation of confidence owed by the person, or

(b)

any other restriction on the disclosure of information (however

imposed).

(8)

When deciding whether it is reasonable to take a particular step for the

purposes of subsection (3) (a) or (b) , the Legacy Commission may (in particular)

take into account whether that step would, in its view, involve

disproportionate effort or cost.

Page 72

(9)

In this section “relevant deaths” means those deaths which the Legacy

Commission identifies, after taking all reasonable steps in accordance with

subsection (3) (a) , as deaths that were caused by conduct forming part of the

Troubles, except those deaths for which investigations under Part 3 or

inquisitorial proceedings are carried out.

Publication of the historical record

(1)

The Legacy Commission must publish the historical record, in such manner

as it considers appropriate.

(2)

This section does not require the Legacy Commission to publish the historical

record unless (and until) it can do so in accordance with sections 10 (1) and

17 (2) .

Criminal investigations

Relaxation of restriction on criminal investigations by police forces etc

(1)

Section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act

2023 (criminal investigations of Troubles-related offences) is amended as

follows.

(2)

For the heading substitute “Criminal investigations of Troubles-related

offences”.

(3)

For subsection (1) substitute—

“(1)

No criminal investigation of any serious or connected Troubles-related

offence may be continued or begun by a person other than the Legacy

Commission.”

(4)

Omit subsections (2) and (3) .

(5)

In section 42 (3) of that Act , for “the ICRIR” substitute “the Legacy

Commission”.

Interim custody orders

Interim custody orders

(1)

It is lawful for a Minister of State or Under-Secretary of State to make an

interim custody order on behalf of the Secretary of State.

(2)

Any order so made is to be treated as an order of the Secretary of State.

(3)

In this section “interim custody order” means an interim custody order

under—

(a)

article 4 of the Detention of Terrorists (Northern Ireland) Order 1972

(S.I. 1972/1632 (N.I. 15)), or

(b)

paragraph 11 of Schedule 1 to the Northern Ireland (Emergency

Provisions) Act 1973.

Page 73

(4)

This section is to be treated as always having had effect.

Interim custody orders: supplementary

(1)

Where, before the coming into force of section 89 , a conviction for an offence

was quashed only because an interim custody order (within the meaning of

that section) was made otherwise than by the Secretary of State acting

personally—

(a)

that section does not affect the quashing of the conviction, but

(b)

the quashing of the conviction is to be disregarded for the purposes

of section 133 of the Criminal Justice Act 1988 (compensation for

miscarriages of justice).

(2)

In the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 , omit

sections 46 and 47 (and the italic heading before section 46).

Part 9

General

Consequential provision

(1)

Schedule 6 amends the Northern Ireland Troubles (Legacy and Reconciliation)

Act 2023 .

(2)

The following may by regulations make provision that is consequential on

this Act—

(a)

the Secretary of State;

(b)

the Department of Justice in Northern Ireland;

(c)

the Scottish Ministers.

(3)

Regulations under subsection (2) may amend or repeal primary legislation.

(4)

Regulations under subsection (2) are subject to affirmative procedure if they

amend or repeal primary legislation.

(5)

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

(6)

The power of the Department of Justice in Northern Ireland or the Scottish

Ministers to make regulations under subsection (2) is subject to section 92 (6)

or (7) (as is relevant).

(7)

The Secretary of State may by regulations—

(a)

replace a reference in provision made by this Act to the commencement

of a provision with a reference to the actual date on which the

provision comes into force;

(b)

replace a reference in provision made by this Act to a date determined

by reference to the commencement of a provision with a reference to

the actual date so determined;

Page 74

(c)

replace a reference to “the specified day” in sections 27 (4) , 28 (12) and

30 (3) with a reference to the actual date of the specified day and repeal

section 27 (5) .

(8)

In this section “primary legislation” means—

(a)

an Act of Parliament,

(b)

Northern Ireland legislation,

(c)

an Act of the Scottish Parliament, or

(d)

an Act of Senedd Cymru.

Regulations

(1)

Regulations under this Act of the Secretary of State are to be made by statutory

instrument.

(2)

A power of the Department of Justice in Northern Ireland to make regulations

under this Act is exercisable by statutory rule for the purposes of the Statutory

Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3)

Where regulations under this Act are “subject to affirmative procedure” they

are to be made by a person mentioned in the first column of the following

table in accordance with the procedure specified in corresponding entry in

the second column.

Person making the

The procedure

regulations

Secretary of State

The regulations may not be made unless a draft

of the statutory instrument containing them has

been laid before, and approved by a resolution of,

each House of Parliament

Department of Justice

The regulations may not be made unless a draft

in Northern Ireland

of them has been laid before, and approved by a

resolution of, the Northern Ireland Assembly

Scottish Ministers

The regulations are subject to the affirmative

procedure (see section 29 of the Interpretation and

Legislative Reform (Scotland) Act 2010 (asp 10))

(4)

Where regulations under this Act are “subject to negative procedure” they

are to be made by a person mentioned in the first column of the following

table in accordance with the procedure specified in corresponding entry in

the second column. Person making the

Page 75

The procedure

regulations

Secretary of State

The statutory instrument containing the

regulations is subject to annulment in pursuance

of a resolution of either House of Parliament

Department of Justice in

The regulations are subject to negative resolution

Northern Ireland

(within the meaning of section 41 (6) of the

Interpretation Act (Northern Ireland) 1954 )

Scottish Ministers

The regulations are subject to the negative

procedure (see section 28 of the Interpretation

and Legislative Reform (Scotland) Act 2010

(5)

Regulations under this Act may make—

(a)

different provision for different purposes;

(b)

incidental, supplementary or consequential provision;

(c)

transitional or transitory provision or savings.

(6)

Regulations under this Act of the Department of Justice in Northern Ireland

may only make provision that is—

(a)

within devolved competence, or

(b)

reserved provision, provided that the Secretary of State consents to

that provision being made.

(7)

Regulations under this Act of the Scottish Ministers may only make provision

that is within devolved competence.

(8)

For the purposes of subsections (6) and (7) , provision is “within devolved

competence”—

(a)

in relation to the Department of Justice in Northern Ireland, if it—

(i)

would be within the legislative competence of the Northern

Ireland Assembly if it were contained in an Act of that

Assembly, and

(ii)

would not, if it were contained in a Bill in the Northern Ireland

Assembly, result in the Bill requiring the consent of the

Secretary of State under section 8 of the Northern Ireland Act

1998 ;

(b)

in relation to the Scottish Ministers, if it would be within the legislative

competence of the Scottish Parliament if it were contained in an Act

of that Parliament.

(9)

For the purposes of subsection (6) , “reserved provision” means provision

which, if it were contained in a Bill in 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 .

Page 76

Meaning of “close family member” of deceased person

(1)

This section applies for the purposes of determining whether one person (F)

is a close family member of another person (D) who has died.

(2)

F is a close family member of D if—

(a)

F was the spouse, civil partner or co-habitee of D on the day of D’s

death,

(b)

F is a child or step-child of D,

(c)

F is a parent of D,

(d)

F is a brother, half-brother or step-brother of D,

(e)

F is a sister, half-sister or step-sister of D, or

(f)

F was a step-parent of D on the day of D’s death or is a step-parent

of D on the relevant day.

(3)

Where this section applies for the purposes of—

(a)

section 27 , the “relevant day” is (subject to paragraph (b) ) the day on

which the request under that section is made;

(b)

section 27 as it applies by virtue of paragraph 8 (4) (c) of Schedule 5

, the “relevant day” is the day on which the investigation referred to

in that paragraph is initiated under section 32 ;

(c)

section 33 , the “relevant day” is the day on which the request under

section 28 is made or the investigation is initiated under section 32 ;

(d)

section 40 (5) , the “relevant day” is the day on which the request for

the investigation is made or the investigation is initiated;

(e)

section 52 or 53 , the “relevant day” is the day on which inquisitorial

proceedings in respect of the death concerned are allocated to a judicial

panel member under section 50 ;

(f)

section 67 , the “relevant day” is—

(i)

in the case of an investigation under Part 3, the day on which

the request for the investigation is made or the investigation

is initiated;

(ii)

in the case of inquisitorial proceedings, the day on which

inquisitorial proceedings in respect of the death concerned are

allocated to a judicial panel member under section 50 .

(4)

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.

(5)

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.

Page 77

(6)

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.

(7)

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, civil 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.

(8)

For the purposes of subsection (5) , (6) or (7) , 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.

Interpretation of Act

In this Act—

“armed forces” means any of His Majesty’s forces (within the meaning

of the Armed Forces Act 2006);

a death being “caused directly” by conduct forming part of the Troubles

has the meaning given by section 2 ;

“Chief Executive Officer” means the person employed or seconded under

section 7 (1) ;

“chief officer” , in relation to a police force, includes—

(a)

the Chief Constable of the PSNI,

(b)

the chief constable of the Ministry of Defence Police, and

(c)

the chief constable of the British Transport Police;

“close family member” is to be read in accordance with section 93 ;

“Commissioner” means a person appointed under section 4 ;

“conduct” has the meaning given by section 2 ;

“contravene” includes fails to comply;

“Director of Investigations” means a person appointed under section 5 ;

“forming part of the Troubles” , in relation to an event or conduct, has

the meaning given by section 2 ;

“inquisitorial proceedings” has the meaning given by section 48 ;

“judicial panel member” means a person appointed under section 6 (1) ;

“Legacy Commission contractor” has the meaning given by section 18 ;

“Legacy Commission officers” has the meaning given by section 7 ;

“oversight board” has the meaning given by section 3 (4) ;

Page 78

“police force” includes—

(a)

the PSNI,

(b)

the Ministry of Defence Police, and

(c)

the British Transport Police;

“prejudicial information” has the meaning given by section 16 ;

“protected international information” has the meaning given by section

16 ;

“PSNI” means the Police Service of Northern Ireland;

“relevant authority” has the meaning given by section 13 ;

“the relevant Director of Investigations” has the meaning given by section

31 (11) ;

“the relevant judicial panel member” has the meaning given by section

51 (11) ;

“the senior judicial panel member” means the person appointed under

section 6 (3) ;

“sensitive information” has the meaning given by section 16 ;

“subject to affirmative procedure” and “subject to negative procedure”

have the meanings given by section 92 ;

“the Troubles” has the meaning given by section 2 .

Application to the Crown

This Act binds the Crown.

Extent

(1)

Subject to subsections (2) and (3) , this Act extends to England and Wales,

Scotland and Northern Ireland.

(2)

Any amendment or repeal made by this Act has the same extent as the

provision amended or repealed.

(3)

Sections 89 and 90 extend to Northern Ireland only.

Commencement

(1)

The following come into force on the day on which this Act is passed—

(a)

any provision of or amendment made by this Act so far as it confers

or relates to a power to make regulations;

(b)

this Part , other than section 91 (1) and Schedule 6 .

(2)

Sections 89 and 90 come into force at the end of the period of two months

beginning with the day on which this Act is passed.

(3)

Subject to subsections (1) and (2) , this Act comes into force on such day as

the Secretary of State may by regulations appoint.

Page 79

(4)

The following may by regulations make transitory, transitional or saving

provision in connection with the coming into force of any provision of this

Act—

(a)

the Secretary of State;

(b)

the Department of Justice in Northern Ireland;

(c)

the Scottish Ministers.

Short title

This Act may be cited as the Northern Ireland Troubles Act 2025.

Page 80

Schedules

Schedule 1

Sections 3 to 7

The Legacy Commission etc

Part 1

The Legacy Commission and its oversight board

Status

The Legacy Commission 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

(1)

The Legacy Commission may do anything that it thinks necessary or

expedient in connection with the exercise of its functions.

(2)

In particular, the Legacy Commission 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 Legacy Commission may not borrow money.

(4)

The Legacy Commission 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;

(b)

judicial panel members;

(c)

Legacy Commission officers.

Regulation and validity of proceedings: Legacy Commission

(1)

The Legacy Commission may regulate its own proceedings (including

quorum).

(2)

The validity of any proceedings of the Legacy Commission is not affected

by—

(a)

any vacancy in the membership of the Legacy Commission;

(b)

any defect in the appointment of anyone mentioned in section 3 (1) (a)

to (e) .

Regulation and validity of proceedings: oversight board

(1)

The oversight board may regulate its own proceedings (including quorum).

(2)

The validity of any proceedings of the oversight board is not affected by—

Page 81

(a)

any vacancy in the membership of the board;

(b)

any defect in the appointment of any Commissioner or in the

employment or secondment of the Chief Executive Officer.

Delegation of functions

(1)

Any function of the Legacy Commission may be exercised on behalf of,

and in the name of, the Legacy Commission by—

(a)

a Commissioner,

(b)

a judicial panel member, or

(c)

a Legacy Commission officer,

who has been authorised (whether generally or specifically) by the oversight

board for that purpose.

(2)

Any function of the Legacy Commission may be exercised on behalf of,

and in the name of, the Legacy Commission by the oversight board if the

board has authorised itself (whether generally or specifically) for that

purpose.

Seal and proof of documents

(1)

The Legacy Commission may have a seal.

(2)

The application of the Legacy Commission’s seal must be authenticated by

the signature of at least one of the Commissioners.

(3)

This paragraph does not prevent the Legacy Commission from acting

otherwise than by a document under seal.

(4)

A document purporting to be duly executed under the seal of the Legacy

Commission is to 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 Legacy Commission

by—

(a)

at least one of the Commissioners, or

(b)

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

purpose,

is to be received in evidence and treated as so signed unless the contrary

is shown.

Accounts and audit

(1)

The Legacy Commission 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.

Page 82

(3)

As soon as practicable after the end of a financial year, the Legacy

Commission must send a copy of its statement of accounts for that financial

year to—

(a)

the Secretary of State, and

(b)

the Comptroller and Auditor General.

(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

(c)

lay before Parliament a copy of each such report and certified

statement.

(5)

“Financial year” has the meaning given by section 23 .

Part 2

The Commissioners

Number of Commissioners

The Secretary of State is to determine from time to time how many other

Commissioners there are to be under section 3 (1) (b) (which allows for there

to be between two and five of them).

Restrictions on appointment

(1)

A person may not be appointed as a Commissioner if—

(a)

the person has been convicted of an offence,

(b)

the person is insolvent,

(c)

the person is disqualified from being a company director, or

(d)

the Secretary of State considers that there is a matter which—

(i)

would give rise to a conflict of interest in respect of their

work as a Commissioner, or

(ii)

would otherwise affect their ability to carry out that work

fairly and impartially.

(2)

A person’s current or previous appointment as a Commissioner does not

prevent the person from being appointed again as a Commissioner.

(3)

But a person who has been removed from office in accordance with

paragraph 13 (2) and (3) may not be appointed as a Commissioner.

(4)

For the purposes of this Schedule 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,

(c)

a debt relief order or a debt relief restrictions order has been made

in respect of the person,

(d)

the person has made a composition or arrangement with his or her

creditors, or granted a trust deed for his or her creditors, or

Page 83

(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 Schedule 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,

(c)

an order under Article 86 (1) of the Judgments Enforcement (Northern

Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)), or

(d)

any order, undertaking or other provision under the law of England

and Wales or Scotland that has a corresponding effect.

(6)

The following Orders apply to the Commissioners as they apply to

constables—

(a)

the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland)

1979 (S.R. (N.I.) 1979 No. 195);

(b)

the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

(S.I. 1975/1023);

(c)

the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)

(Scotland) Order 2013 (S.S.I. 2013/50).

Person holding public elected position not to be a Commissioner

(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)

In this Schedule a reference to a person holding a relevant office is to a

person who is any of the following—

(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 );

(c)

a Member of Parliament;

(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;

Page 84

(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

(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, and

(b)

begins with the day determined by the Secretary of State.

This is subject to paragraph 10 (2) , 13 and 14 (resignation, removal etc).

(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

(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

(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,

(b)

if the Commissioner is insolvent (see paragraph 9 (4) ),

(c)

if the Commissioner is disqualified from being a company director

(see paragraph 9 (5) ), or

Page 85

(d)

if the Secretary of State considers (whether following the provision

of information under paragraph 12 or otherwise) that there is a

matter which—

(i)

gives rise to a conflict of interest in respect of the

Commissioner’s work, or

(ii)

otherwise affects the Commissioner’s ability to carry out

their work fairly and impartially.

(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.

Termination of term of existing Commissioners

(1)

The Secretary of State may terminate the term of a person who is a

pre-commencement Commissioner by giving the person a notice specifying

the date on which the person ceases to be a Commissioner.

(2)

In this paragraph “pre-commencement Commissioner” means a person

who, on the day on which this Act is passed, is a Commissioner within

the meaning of the Northern Ireland Troubles (Legacy and Reconciliation)

Act 2023.

Part 3

Directors of Investigations

Appointments, removal etc

Paragraphs 9 to 13 apply in relation to a Director of Investigations as they

apply in relation to a Commissioner.

Delegation of functions

Any function conferred, by any provision other than section 12 (2) , on a

Director of Investigations may be exercised on behalf of, and in the name

of, the Director by a Legacy Commission officer who has been authorised

(whether generally or specifically) by the Director for that purpose.

Functions of the Directors acting jointly

(1)

This paragraph applies in relation to a function conferred on the Directors

of Investigations acting jointly.

(2)

Where a Director of Investigations notifies the Chief Executive Officer in

writing that, as regards a particular matter, the Directors of Investigations—

(a)

are not in agreement as to whether the function should be exercised,

(b)

are not in agreement as to how the function should be exercised,

Page 86

the Directors of Investigations must comply with any direction in writing

given by the oversight board as to the exercise of that function.

No limitation on trade union activity

A Director of Investigations is not to be regarded as in police service for

the purposes of any of the following—

(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));

(c)

section 280 of the Trade Union and Labour Relations (Consolidation)

Act 1992;

(d)

section 200 of the Employment Rights Act 1996.

Part 4

Judicial panel members

Appointments, removal etc

(1)

Paragraphs 9 to 13 apply in relation to a judicial panel member as they

apply in relation to a Commissioner.

(2)

Paragraphs 11 to 13 apply in relation to the senior judicial panel member

(in their capacity as such) as they apply in relation to a Commissioner.

Part 5

Legacy Commission officers

Employed Legacy Commission officers

The Legacy Commission is to determine—

(a)

the number of employed Legacy Commission officers, and

(b)

the terms of their employment.

Seconded Legacy Commission officers

(1)

Seconded Legacy Commission officers are under the direction and control

of the Legacy Commission in the same way as employed Legacy

Commission officers are.

(2)

In the case of the secondment of a member of a police force to be a

seconded Legacy Commission 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 Legacy Commission to pay

the policing body responsible for that police force the amount that

is specified in, or determined in accordance with, the arrangements.

Page 87

(3)

If a seconded Legacy Commission 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 while they are a seconded Legacy Commission

officer (but see section 12 , which enables designated officers to exercise the

powers and privileges of a constable).

(4)

Service as a seconded Legacy Commission 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.

(5)

If a member of the PSNI is a seconded Legacy Commission 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 a Legacy Commission

officer, to be a member of any trade union or association.

(6)

In this paragraph , the reference to the policing body responsible for a police

force is to be interpreted in accordance with the following Table.

Police force

Policing body responsible for the force

PSNI

Northern Ireland Policing Board

a police force maintained

The Police and Crime Commissioner for

under section 2 of the Police

the police area for which that force is

Act 1996

maintained

metropolitan police force

Mayor’s Office for Policing and Crime

City of London police force

Common Council of the City of London

as police authority for the City of London

police area

Police Service of Scotland

Scottish Police Authority

Ministry of Defence Police

Secretary of State

British Transport Police

British Transport Police Authority

Page 88

Persons holding public elected positions not to be Legacy Commission officers

(1)

A person who holds a relevant office may not become a Legacy Commission

officer.

(2)

A person ceases to be a Legacy Commission 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 10 (3) .

(4)

This paragraph does not apply to a Director of Investigations (but see Part

3 of this Schedule).

Rehabilitation of offenders

(1)

The following Orders apply to Legacy Commission officers as they apply

to constables—

(a)

the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland)

1979 ;

(b)

the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 ;

(c)

the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)

(Scotland) Order 2013 .

(2)

This paragraph does not apply to a Director of Investigations (but see Part

3 of this Schedule).

Liability for unlawful conduct

(1)

The Legacy Commission may, in such cases and to such extent as appear

to the Legacy Commission to be appropriate, pay—

(a)

any damages, or any costs or, in Scotland, expenses, awarded against

a Legacy Commission officer in proceedings for any unlawful

conduct of that Legacy Commission officer;

(b)

any costs or, in Scotland, expenses incurred and not recovered by

a Legacy Commission officer in such proceedings; and

(c)

any sum required in connection with the settlement of a claim that

has or might have given rise to such proceedings.

(2)

The Legacy Commission may make arrangements for the legal

representation of any Legacy Commission 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 Legacy Commission.

(4)

The Legacy Commission is liable for the unlawful conduct of a person

which occurs when the person is acting, or purporting to act, as a seconded

Legacy Commission officer in the same manner as an employer is liable in

respect of unlawful conduct of employees in the course of their employment.

Page 89

(5)

If the unlawful conduct is a tort, the Legacy Commission is accordingly to

be treated as a joint tortfeasor.

No limitation on trade union activity

(1)

A Legacy Commission 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 ;

(c)

section 280 of the Trade Union and Labour Relations (Consolidation)

Act 1992 ; or

(d)

section 200 of the Employment Rights Act 1996 .

(2)

This paragraph does not apply to a Director of Investigations (but see Part

3 of this Schedule).

Meaning of “employed” and “seconded” Legacy Commission officer

In this Part of this Schedule—

“ “employed Legacy Commission officer” ” means a person employed

under section 7 (1) or (2) ;

“ “seconded Legacy Commission officer” ” means a person seconded

under section 7 (1) or (3) .

Schedule 2

Section 12

Operational powers of Legacy Commission officers

Designations and designated Legacy Commission officers

In this Schedule —

“ “designated” ” means designated under section 12 (and “designation”

is to be read accordingly);

“ “designated Legacy Commission officer” ” means a Legacy Commission

officer who is designated;

“ “operational powers” ” means the powers and privileges which a

designated Legacy Commission officer has by virtue of a designation;

“ “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 an English and Welsh constable” ” means the

powers and privileges of a constable if, and to the extent that, they

Page 90

are exercisable in England and Wales 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

(1)

A designated Legacy Commission 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;

(c)

in Scotland and the adjacent United Kingdom waters, all the powers

and privileges of a Scottish constable.

(2)

But that is subject to—

(a)

section 12 (3) , and

(b)

paragraphs 3 and 4 .

Exercise of the powers and privileges of a Scottish constable

(1)

A designated Legacy Commission officer may exercise the powers and

privileges of a Scottish constable only if—

(a)

a Scottish general authorisation is in force, and the powers and

privileges are exercised in accordance with that authorisation, or

(b)

a Scottish operational authorisation is in force in relation to a

particular operation, and the powers and privileges are exercised—

(i)

in connection with that operation, and

(ii)

in accordance with that authorisation.

(2)

In this paragraph —

“ “Scottish general authorisation” ” means an agreement between—

(a)

the Directors of Investigations acting jointly, and

(b)

the Scottish Ministers,

about the exercise of the powers and privileges of a Scottish

constable by designated Legacy Commission officers;

“ “Scottish operational authorisation” ” means an agreement between—

(a)

the Directors of Investigations acting jointly, and

(b)

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 a Scottish

constable by designated Legacy Commission officers in connection

with a particular operation.

Page 91

Limitations

(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 Legacy

Commission officer has;

(b)

limitations on the purposes for which the designated Legacy

Commission officer may exercise operational powers which that

person has.

(3)

This paragraph does not apply to the designation of a Director of

Investigations under section 12 (1) .

Duration of designation

(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 a Director of

Investigations under section 12 (1) (which has effect without limitation of

time).

Evidence of designation

(1)

A designated Legacy Commission officer must produce evidence of the

designation if—

(a)

that Legacy Commission 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 Legacy Commission officer to produce

such evidence.

(2)

If the designated Legacy Commission officer fails to produce such evidence,

that failure does not make the exercise of the operational power invalid.

Territorial restrictions

Any power or privilege of a constable is, when exercisable by a designated

Legacy Commission officer, subject to any territorial restrictions on its

exercise to which it is subject when exercisable by a constable.

Powers exercisable under warrant

(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.

Page 92

(2)

For the purpose of enabling a designated Legacy Commission officer to

exercise that power or privilege, the legislation has effect as if the designated

Legacy Commission officer were a constable.

Direction and control of Legacy Commission officers exercising powers in Scotland

The Legacy Commission 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 Legacy Commission officers are

exercising the powers and privileges of Scottish constables.

Modification of references

If a power or privilege of a constable is exercisable by any Legacy

Commission 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 Legacy Commission officer by whom that power or

privilege is exercisable.

Assaulting a designated Legacy Commission officer

(1)

It is an offence for a person to assault—

(a)

a designated Legacy Commission officer in the execution of that

Legacy Commission officer’s duty, or

(b)

a person assisting a designated Legacy Commission officer in the

execution of that Legacy Commission officer’s duty.

(2)

Sub-paragraph (1) (a) does not apply to an assault on a designated Legacy

Commission officer under the law of England and Wales (instead see section

1 of the Assaults on Emergency Workers (Offences) Act 2018).

(3)

A person who commits 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 a fine (or both);

(b)

on summary conviction in Northern Ireland, to imprisonment for

a term not exceeding 6 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 6 months or a fine (or both);

(d)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory maximum

(or both).

(4)

In this paragraph , references to the execution of the duty of a designated

Legacy Commission officer are to—

(a)

the exercise of a power or privilege conferred by virtue of the

designation of the Legacy Commission officer;

(b)

the performance of a duty imposed by virtue of the designation of

the Legacy Commission officer.

Page 93

Resisting, obstructing or impeding a designated Legacy Commission officer

(1)

It is an offence for a person to resist, obstruct or impede—

(a)

a designated Legacy Commission officer in the execution of that

Legacy Commission officer’s duty, or

(b)

a person assisting a designated Legacy Commission officer in the

execution of that Legacy Commission officer’s duty.

(2)

A person who commits 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 a fine (or both);

(b)

on summary conviction in Northern Ireland, to imprisonment for

a term not exceeding 6 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 51 weeks or a fine not exceeding level 3 on

the standard scale (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).

(3)

In this paragraph , references to the execution of the duty of a designated

Legacy Commission officer are to—

(a)

the exercise of a power or privilege conferred by virtue of the

designation of the Legacy Commission officer;

(b)

the performance of a duty imposed by virtue of the designation of

the Legacy Commission 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 Legacy Commission officer

(1)

It is an offence for a person (P), with intent to deceive, to—

(a)

impersonate a designated Legacy Commission officer,

(b)

make any statement or do any act calculated falsely to suggest that

P is a designated Legacy Commission officer, or

(c)

make any statement or do any act calculated falsely to suggest that

P has powers as a designated Legacy Commission officer that exceed

the powers that P actually has.

(2)

A person who commits 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 a fine (or both);

(b)

on summary conviction in Northern Ireland, to imprisonment for

a term not exceeding 3 months or a fine not exceeding the statutory

maximum (or both);

Page 94

(c)

on summary conviction in England and Wales, to imprisonment for

a term not exceeding 6 months or a fine (or both);

(d)

on summary conviction in Scotland, to imprisonment for a term not

exceeding 3 months or a fine not exceeding level 4 on the standard

scale (or both).

Regulations

(1)

The power of a person under section 91 (2) to make consequential provision

includes power to make such provision as the person considers appropriate

in consequence of—

(a)

designated Legacy Commission officers, or

(b)

a description of designated Legacy Commission officers,

having the powers and privileges of a constable in accordance with this

Schedule .

(2)

That provision may (in particular)—

(a)

provide for designated Legacy Commission 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 Legacy Commission officers;

(c)

confer functions on Legacy Commission officers or any other person;

(d)

provide for a description of Legacy Commission 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 any legislation (including a description of legislation), with

or without modifications.

Schedule 3

Section 14

Supply of information: enforcement

Part 1

Failure to comply with a notice

Penalty for failure to comply

(1)

The Legacy Commission may require a person to pay a penalty if the

Legacy Commission 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—

Page 95

(a)

may not exceed £5,000;

(b)

is payable to the Legacy Commission on demand.

Notification of penalty decision

(1)

If the Legacy Commission decides to require a person to pay a penalty

under this Part of this Schedule , the Legacy Commission must give the

person a penalty notice.

(2)

A penalty notice must—

(a)

be in writing,

(b)

state the Legacy Commission’s reasons for deciding to require the

person to pay a penalty,

(c)

state the amount of the penalty,

(d)

specify the date on which it is given,

(e)

specify the date before which the penalty must be paid (which must

be at least 28 days after the date specified in the notice as the date

on which it is given),

(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 Legacy

Commission), and

(h)

include an explanation of the steps the Legacy Commission may

take to recover any unpaid penalty.

Objection to penalty decision

(1)

The recipient of a penalty notice (the “recipient”) may object to the penalty

notice by giving a notice of objection to the Legacy Commission.

(2)

A notice of objection must—

(a)

be in writing,

(b)

give the reasons for the objection,

(c)

be given to the Legacy Commission in the manner and form

specified in the penalty notice, and

(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 a notice of objection is given in accordance with sub-paragraph (2)

, the Legacy Commission must consider it and do one of the following—

(a)

cancel the penalty;

(b)

reduce the penalty;

(c)

increase the penalty;

(d)

determine not to alter the penalty.

(4)

After deciding how to proceed under sub-paragraph (3) , the Legacy

Commission must notify the recipient of the decision in writing.

Page 96

(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 day on which it is given, or such longer period as the Legacy

Commission may agree with the recipient.

(6)

A notification under sub-paragraph (4) , other than one notifying the

recipient that the Legacy Commission has decided to cancel the penalty,

must—

(a)

state the amount of the penalty following the Legacy Commission’s

consideration of the notice of objection,

(b)

state the Legacy Commission’s reasons for the decision under

sub-paragraph (3) ,

(c)

specify the date before which the penalty must be paid (which must

be at least 28 days after the day on which the notification is given),

(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 Legacy Commission may

take to recover any unpaid penalty.

Appeals

(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 Legacy Commission 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 day on which the person is notified of the Legacy Commission’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

(c)

dismiss the appeal.

(5)

An appeal—

(a)

is to be a re-hearing of the Legacy Commission’s decision to impose

a penalty, and

(b)

may be determined having regard to matters of which the Legacy

Commission was unaware.

(6)

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

(7)

Where an appeal is made under this paragraph, the penalty is not payable

until the appeal is determined or withdrawn unless the court orders

otherwise.

(8)

In this paragraph “the court” means—

(a)

in Northern Ireland, a county court;

Page 97

(b)

in England and Wales, the county court;

(c)

in Scotland, a sheriff.

Enforcement of penalty

(1)

This paragraph applies where a sum is payable to the Legacy Commission

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 Legacy Commission must pay into the Consolidated Fund any penalty paid

or recovered under this Part of this Schedule .

Giving of notices

(1)

The Legacy Commission may give a notice to any person by—

(a)

handing it to them,

(b)

leaving it at their proper address, or

(c)

sending it by post to that address.

(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;

(c)

in any other case, that person’s last known address.

Interpretation

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) .

Page 98

Part 2

Distortion or suppression of evidence etc

Distorting evidence etc

(1)

A person commits an offence if they do 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 pursuant to a notice under

section 14 , or

(b)

preventing any evidence, document or other thing from being

produced or provided pursuant to such a notice.

(2)

A person commits an offence if they do 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

(1)

A person commits 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 a

Director of Investigations or a judicial panel member would (if aware of

its existence) wish to be provided with it in connection with an investigation

under Part 3 or (as the case may be) inquisitorial proceedings allocated to

them.

Institution of proceedings

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

(1)

A person who commits an offence under this Part of this Schedule is liable

on summary conviction to imprisonment for a term not exceeding the

relevant maximum or a fine not exceeding level 3 on the standard scale

(or both).

(2)

“The relevant maximum” means—

(a)

in Northern Ireland, 6 months;

(b)

in England and Wales, 51 weeks;

Page 99

(c)

in Scotland, 12 months.

(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 6 months.

Schedule 4

Section 16

Identification of sensitive, prejudicial or protected international information

The Legacy Commission: identification of sensitive or prejudicial information

(1)

The Legacy Commission must, from time to time, identify any information

held by it in connection with an investigation under Part 3 , or inquisitorial

proceedings, which is (in its opinion)—

(a)

sensitive information, or

(b)

prejudicial information.

(2)

The duty under sub-paragraph (1) does not require the Legacy Commission

to identify information as sensitive information, or as prejudicial

information, if a relevant authority has notified it (in accordance with

paragraph 2 or 3 ) that the relevant authority has identified the information

as that kind of information.

Information made available by a relevant authority: identification of sensitive or prejudicial

information

(1)

This paragraph applies if a relevant authority is proposing to make any

information available to the Legacy Commission (whether in accordance

with section 13 or otherwise).

(2)

The relevant authority must identify any of the information which is (in

its opinion)—

(a)

sensitive information, or

(b)

prejudicial information.

(3)

When making the information available to the Legacy Commission, the

relevant authority must notify the Legacy Commission of any of the

information which it has identified in accordance with this paragraph.

Information made available by other persons: identification of sensitive or prejudicial

information by relevant authority

(1)

This paragraph applies if a person other than a relevant authority—

(a)

is proposing to make any information available to the Legacy

Commission, or

(b)

has made any information available to the Legacy Commission.

Page 100

(2)

A relevant authority may identify any of the information which is (in its

opinion)—

(a)

sensitive information, or

(b)

prejudicial information.

(3)

The relevant authority must notify the Legacy Commission of any of the

information which it has identified in accordance with this paragraph.

Notifications under

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.

Secretary of State: identification of protected international information

The Secretary of State may notify the Legacy Commission of—

(a)

any information held by the Legacy Commission, or

(b)

any information which any person is proposing to make available

to the Legacy Commission,

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

information.

Schedule 5

Section 17

Permitted disclosures of information

Part 1

Disclosures that are “permitted”

Introduction

Paragraphs 2 to 6 set out which disclosures of information are “permitted”

for the purposes of section 17 (3) .

Disclosure of any information to the Secretary of State

A disclosure of any information by the Legacy Commission to the Secretary

of State is permitted.

Disclosure of any information in inquisitorial proceedings

A disclosure of any information by the Legacy Commission is permitted

if the disclosure—

Page 101

(a)

is made in the course of inquisitorial proceedings or is contained

in a report published under section 65 on the findings of such

proceedings, and

(b)

does not contravene a restriction notice or restriction order (within

the meaning given by section 56 (2) ).

Disclosure of sensitive information to certain recipients

(1)

A disclosure of sensitive information by the Legacy Commission to a person

listed in sub-paragraph (2) is permitted if—

(a)

the Legacy Commission notifies the Secretary of State of the

proposed disclosure, and

(b)

the disclosure is made after the end of the period of 10 working

days beginning with the day on which the notification is given.

(2)

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

(a)

the Director of Public Prosecutions for Northern Ireland;

(b)

the Director of Public Prosecutions;

(c)

the Lord Advocate;

(d)

a member of a police force;

(e)

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;

(f)

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);

(g)

the Police Ombudsman for Northern Ireland or an officer of the

Ombudsman (within the meaning given by section 50 of the Police

(Northern Ireland) Act 1998 ), if the disclosure is made in respect

of—

(i)

a referral under section 70 , or

(ii)

an investigation carried out under section 56 of the Police

(Northern Ireland) Act 1998 following such a referral.

(3)

In this paragraph “working day” means any day other than—

(a)

a Saturday or a Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday under the Banking and Financial

Dealings Act 1971 in any part of the United Kingdom.

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

(1)

A disclosure of sensitive information by the Legacy Commission is permitted

if—

Page 102

(a)

the Legacy Commission notifies the Secretary of State of the

proposed disclosure, and

(b)

the Secretary of State’s notification under sub-paragraph (2) states

that the proposed disclosure is permitted.

(2)

The Secretary of State must respond to a notification under sub-paragraph

(1) (a) within the relevant decision period (see paragraph 7 ), by notifying

the Legacy Commission either—

(a)

that the proposed disclosure is permitted, or

(b)

that the proposed disclosure is prohibited.

(3)

The Secretary of State may give a notification that the proposed disclosure

is prohibited only if, in the Secretary of State’s view, the disclosure of the

sensitive information would not be in the public interest.

(4)

When determining whether a disclosure of sensitive information would

not be in the public interest, the Secretary of State must (in particular) have

regard to—

(a)

whether the proposed disclosure would risk damaging, or would

damage, the national security interests of the United Kingdom,

(b)

the potential seriousness and extent of any such risk or damage,

and

(c)

the significance of the information to be disclosed to matters of

public concern.

(5)

If the Secretary of State’s notification under sub-paragraph (2) states that

the proposed disclosure is prohibited, the notification must contain the

Secretary of State’s reasons for the prohibition.

(6)

Sub-paragraph (5) applies so far as the Secretary of State considers that

reasons can be given without risking damage to, or damaging, the national

security interests of the United Kingdom.

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

(1)

A disclosure of protected international information by the Legacy

Commission is permitted if—

(a)

the Legacy Commission notifies the Secretary of State of the

proposed disclosure, and

(b)

the Secretary of State’s notification under sub-paragraph (2) states

that the proposed disclosure is permitted.

(2)

The Secretary of State must respond to a notification under sub-paragraph

(1) (a) within the relevant decision period, by notifying the Legacy

Commission either—

(a)

that the proposed disclosure is permitted, or

(b)

that the proposed disclosure is prohibited.

(3)

The Secretary of State may give a notification that the proposed disclosure

is prohibited only if, in the Secretary of State’s view, the disclosure of the

Page 103

protected international information would, or would be likely to, damage

international relations.

The “relevant decision period”

(1)

In paragraph 5 or 6 “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 Secretary

of State’s notification is given, or

(b)

any reasonable longer period which the Secretary of State specifies,

in notice given to the Legacy Commission before the end of the

period of 60 days, 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 10 , or

(b)

on any further appeal under paragraph 11 ,

“relevant decision period” means the period for remaking that decision in

compliance with that direction.

Part 2

Decisions to prohibit disclosures of sensitive information

Decision to prohibit disclosure in final report on Part 3 investigation

(1)

This paragraph applies if—

(a)

it is proposed to disclose sensitive information in a report under

section 38 (final report on findings of investigation),

(b)

the Secretary of State is notified of the proposed disclosure in

accordance with paragraph 5 (1) (a) , and

(c)

the Secretary of State decides to prohibit the proposed disclosure

in the report (the “affected report”).

(2)

The affected report must include a statement that the Secretary of State has

decided to prohibit the proposed disclosure.

(3)

The statement must also set out any reasons for prohibiting the disclosure

which the Secretary of State gives in accordance with paragraph 5 (5) .

(4)

An initial appeal may be brought by the following—

(a)

the Legacy Commission;

(b)

where the investigation is carried out pursuant to a request under

section 27 or 28 , the person who requested the investigation;

(c)

where the investigation is initiated under section 32 , any person

who could make a request under section 27 or 28 .

(5)

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 41 .

Page 104

(6)

Where an initial appeal is brought by a person who is a family member,

but not a close family member, of a person whose death was caused directly

by conduct forming part of the Troubles, the relevant court (as defined by

paragraph 10 )—

(a)

must determine whether, in its opinion, it is appropriate for the

person to bring the appeal, and

(b)

must dismiss the appeal if it determines that it is not appropriate

for the person to bring it.

(7)

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 (on the findings of the investigation to which the affected

report relates) must be produced in accordance with section 38 .

Other decisions to prohibit disclosure

(1)

This paragraph applies if—

(a)

the Legacy Commission proposes to disclose sensitive information

otherwise than in a final report,

(b)

it notifies the Secretary of State of the proposed disclosure in

accordance with paragraph 5 (1) (a) , and

(c)

the Secretary of State decides to prohibit the proposed disclosure.

(2)

An initial appeal may be brought by the Legacy Commission.

(3)

An initial appeal must be brought within the period of 28 days beginning

with the day on which the Secretary of State’s notification under paragraph

5 (2) is given.

Initial appeals

(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.

(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;

Page 105

(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.

(6)

In this paragraph “the relevant court” means—

(a)

the High Court in Northern Ireland,

(b)

the High Court in England and Wales, or

(c)

the Outer House of the Court of Session.

Further appeal against an initial appeal

(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 permission

of—

(a)

the relevant court which determined the initial appeal, or

(b)

the appeal court.

(4)

The court may give such permission only if it 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.

(5)

In this paragraph “the appeal court” means—

(a)

the Court of Appeal in Northern Ireland,

(b)

the Court of Appeal in England and Wales, or

(c)

the Inner House of the Court of Session.

Application of the

(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 Justice and Security Act 2013 , for

the purposes of sections 8 to 14 of that Act .

(2)

Sections 8 to 14 of that Act 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

Page 106

(b)

the references to the interests of national security in sections 8 , 11

and 13 of that Act 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 that Act , 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 Legacy Commission,

(b)

a Legacy Commission officer nominated by it, or

(c)

a legal representative of the Legacy Commission.

Interpretation

In this Part of this Schedule —

“ “affected report” ” has the meaning given in paragraph 8 (1) (c) ;

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

“ “initial appeal” ” has the meaning given in paragraph 10 ;

“ “proposed disclosure” ” means the proposed disclosure mentioned in

paragraph 8 (1) (a) or 9 (1) (a) .

Schedule 6

Section 91

Minor and consequential amendments

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is

amended as follows.

In section 1 , omit subsection (4) (definition of “other harmful conduct

forming part of the Troubles”).

In section 40 (criminal enforcement action)—

(a)

for subsection (2) (a) substitute—

“(a)

conduct by P (“the relevant conduct”) has been

referred to a prosecutor under section 43 or 61 of the

Northern Ireland Troubles Act 2025,”;

(b)

in subsection (2) (b) , for “section 25” substitute “section 43 or 61 of

that Act”;

(c)

in subsections (3) and (4) —

(i)

for “An ICRIR officer” substitute “A Legacy Commission

officer”;

(ii)

for “the ICRIR’s functions” substitute “the Legacy

Commission’s functions”.

In section 52 (academic research)—

(a)

in subsection (1) (e) , for “the seventh year of the period of operation

of the ICRIR” substitute “the period of seven years beginning with

Page 107

the day on which section 3 of the Northern Ireland Troubles Act

2025 (the Legacy Commission) comes into force for all purposes”;

(b)

in subsections (5) , (7) and (8) , for “ICRIR reports” substitute “Legacy

Commission reports”;

(c)

in subsection (9) —

(i)

before the definition of “ICRIR reports” insert—

““historical record” means the historical record produced

by the Legacy Commission under section 86 of the

Northern Ireland Troubles Act 2025;

“Legacy Commission reports” means the reports

published under section 41 or 65 of that Act;”;

(ii)

omit the definition of “ICRIR reports”.

In section 60 (interpretation), in the table in subsection (1), omit the entries

for—

“Chief Commissioner”;

“chief officer”;

“Commissioner for Investigations”;

“Commissioners”;

“final report”;

“financial year”;

“GCHQ”;

“His Majesty’s forces”;

“historical record”;

“the ICRIR”;

“ICRIR contractor”;

“ICRIR officers”;

“inspector of constabulary for Northern Ireland”;

“other harmful conduct forming part of the Troubles”;

“period of operation of the ICRIR”;

“police force in Great Britain”;

“prejudicial information”;

“protected international information”;

“PSNI”;

“relevant authority”;

“request for a review”;

“review function”;

“sensitive information”.

Sort by: Group by:

Amendments

No amendments available.

Northern Ireland Troubles Bill

Amendment Filters

Amendment Glossary

Amendments