Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
PART 1The Troubles
1Meaning of “the Troubles” and other key expressions
PART 2The Independent Commission for Reconciliation and Information Recovery
The ICRIR, the Commissioners and ICRIR officers
2The Independent Commission for Reconciliation and Information Recovery
3ICRIR officers
4Actions of the ICRIR: safeguards
5Full disclosure to the ICRIR
6Operational powers of ICRIR officers
Admissibility of information provided to the ICRIR
7Admissibility of material in criminal proceedings
8Admissibility of material in civil proceedings
Reviews of deaths and other harmful conduct
9Requests for reviews of deaths
10Requests for reviews of other harmful conduct forming part of the Troubles
11Requests for reviews: general provision
12Reviews in connection with requests for immunity from prosecution
13Conduct of reviews
14Supply of information
15Production of reports on the findings of reviews
16Consultation on reports
17Issuing and publication of reports
18Reports: general provision
Immunity from prosecution
19Immunity from prosecution
20Requests for immunity: procedural matters
21Determining a request for immunity
22The immunity requests panel
23Personal statements by persons affected by deaths etc
24Publication of personal statements
Information for prosecutors
25Information for prosecutors
Grants of immunity: revocation and false statements
26Subsequent convictions: revocation of immunity
27False statements: offence
The historical record of deaths
28Production of the historical record
29Publication of the historical record
Information
30Disclosure of information: general power and prohibitions
31The ICRIR’s use of information obtained by it
32Identifying information that is subject to additional safeguards
33Guidance and protocols relating to information
34Regulations about the holding and handling of information
Biometric material
35Biometric material
Supplementary
36Review of the performance of the ICRIR’s functions
37Conclusion of the work of the ICRIR
PART 3Investigations, legal proceedings etc and release of prisoners
Criminal investigations and proceedings
38No criminal investigations except through ICRIR reviews
39Grant of immunity: prohibition of criminal enforcement action
40No grant of immunity: restrictions on criminal enforcement action
41Other Troubles-related offences: prohibition of criminal enforcement action
42General provision and saving for ongoing pre-commencement action
Civil proceedings, inquests and police complaints
43Tort, delict and fatal accident actions
44Inquests, investigations and inquiries
45Police complaints
Interim custody orders
46Interim custody orders: validity
47Interim custody orders: prohibition of proceedings and compensation
Release of prisoners
48Prisoner release
PART 4Memorialising the Troubles
49Oral history
50The memorialisation strategy
51Response to the memorialisation strategy
52Academic research
53Annual reports
54Carrying out the Troubles-related work programme
55The advisory forum
56Designated persons and funding
57Interpretation of this Part
PART 5Final provisions
58Consequential provision
59Regulations
60Interpretation
61Application to the Crown
62Extent
63Commencement
64Short title
SCHEDULES
SCHEDULE 1The ICRIR, the Commissioners and ICRIR officers
PART 1The ICRIR
1Status
2Powers
3Regulation and validity of proceedings
4Delegation of functions and their exercise by the Commissioners
5Seal and proof of documents
6Accounts and audit
PART 2The Commissioners
7Number of Commissioners
8Appointment
9Person holding public elected position not to be a Commissioner
10Terms of appointment of Commissioners
11Conflicts of interest
12Resignation and removal of Commissioners
PART 3The Chief Commissioner
13Delegation of functions
PART 4The Commissioner for Investigations
14Delegation of functions
15No limitation on trade union activity
PART 5ICRIR officers
16Employed ICRIR officers
17Seconded ICRIR officers
18Persons holding public elected positions not to be ICRIR officers
19Rehabilitation of offenders
20Liability for unlawful conduct
21No limitation on trade union activity
22Meaning of “employed” and “seconded” ICRIR officer
SCHEDULE 2Operational powers of ICRIR officers
1Designations and designated ICRIR officers
2Effect of designation
3Exercise of the powers and privileges of a Scottish constable
4Limitations
5Duration of designation
6Evidence of designation
7Territorial restrictions
8Powers exercisable under warrant
9Direction and control of ICRIR officers exercising powers in Scotland
10Modification of references
11Assaulting a designated ICRIR officer
12Resisting, obstructing or impeding a designated ICRIR officer
13Impersonating a designated ICRIR officer
14Regulations
SCHEDULE 3Family members
PART 1Close family members
1Meaning of “close family member”
2Co-habitee
3Step-child
4Step-parent
5Step-brother or step-sister
6Interpretation
PART 2Relevant family members
7Meaning of “relevant family member”
SCHEDULE 4Supply of information: enforcement
PART 1Failure to comply with a notice
1Penalty for failure to comply
2Notification of penalty decision
3Objection to penalty decision
4Appeals
5Enforcement of penalty
6Giving of notices
7Interpretation
PART 2Distortion or suppression of evidence etc
8Distorting evidence etc
9Suppression of evidence etc
10Institution of proceedings
11Penalties
SCHEDULE 5No immunity in certain circumstances
PART 1Sexual offence, existing conviction or ongoing prosecution
1Application of this Part
2Prohibition of grant of immunity: sexual offences
3Prohibition of grant of immunity: conviction or ongoing prosecution
4Grant of immunity prohibited for all identified possible offences
5Grant of immunity prohibited for some identified possible offences
PART 2New request for immunity after revocation of previous grant
6(1) This paragraph applies where— (a) under section 26, a...
SCHEDULE 6Permitted disclosures of information
PART 1Disclosures that are “permitted”
1Introduction
2Disclosure of any information to the Secretary of State
3Disclosure of sensitive information to certain recipients
4Disclosure of sensitive information notified in advance to the Secretary of State
5Disclosure of protected international information notified in advance to the Secretary of State
6The “relevant decision period”
PART 2Decisions to prohibit disclosures of sensitive information in final reports
7Application of this Part
8Affected report to include statement of Secretary of State’s decision
9Initial appeals
10Bringing an initial appeal
11Further appeal against an initial appeal
12Application of the Justice and Security Act 2013
13Interpretation
SCHEDULE 7Offences relating to disclosure of information
1Current and former Commissioners, ICRIR officers and ICRIR contractors
2Penalties
3Interpretation
SCHEDULE 8Identification of sensitive, prejudicial or protected international information
PART 1The ICRIR: identification of sensitive or prejudicial information
1(1) The Commissioner for Investigations must, from time to time,...
PART 2Relevant authorities: identification of sensitive or prejudicial information
2Information made available by a relevant authority
3Information made available by other persons
4Notifications under this Schedule
PART 3Secretary of State: identification of protected international information
5The Secretary of State may notify the Commissioner for Investigations...
SCHEDULE 9Determination of whether the prohibition on civil actions applies
1Actions that contravene a section 43 prohibition
2Right of the Secretary of State to intervene
3Determination by the court
4Appeals etc
SCHEDULE 10Civil actions to which the 2008 Mediation Directive applies
1Prohibition on continuing or bringing actions which involved prior cross-border mediation
2Interpretation
SCHEDULE 11Investigations, inquests and inquiries in England and Wales and Scotland
PART 1England and Wales: investigations and inquests
1Coroners and Justice Act 2009
2Coroners Act 1988
PART 2Scotland: inquiries and investigations
3Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
SCHEDULE 12Prisoner release
1Amendment and saving of legislation
2Qualifying offences: offences committed between 1966 and 1973
3Offences equivalent to qualifying offences: offences committed between 1966 and 1973
4Interpretation of the 1998 Act
SCHEDULE 13Amendments
PART 1The ICRIR
1Prosecution of Offences Act 1985
2Northern Ireland Act 1998
3Police (Northern Ireland) Act 1998
4Freedom of Information Act 2000
5Justice (Northern Ireland) Act 2002
6Police Reform Act 2002
7Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007
8Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013
9Investigatory Powers Act 2016
10Data Protection Act 2018
11Sentencing Act 2020
PART 2Limitation of legal proceedings
12Prescription and Limitation (Scotland) Act 1973
13Limitation Act 1980
14Foreign Limitation Periods Act 1984
15Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)
16Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
17Merchant Shipping Act 1995

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

2023 Chapter 41

An Act to address the legacy of the Northern Ireland Troubles and promote reconciliation by establishing an Independent Commission for Reconciliation and Information Recovery, limiting criminal investigations, legal proceedings, inquests and police complaints, extending the prisoner release scheme in the Northern Ireland (Sentences) Act 1998, and providing for experiences to be recorded and preserved and for events to be studied and memorialised, and to provide for the validity of interim custody orders.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—