Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016

2 Exercise of functions

(1) The Commission’s objective is to promote progress towards ending paramilitary activity connected with Northern Ireland.

(2) The Commission must exercise its functions in the way which it considers is most appropriate for meeting its objective.

(3) In exercising its functions, the Commission must not do anything which might—

(a) prejudice the national security interests of the United Kingdom or Ireland,

(b) put at risk the life or safety of any person,

(c) have a prejudicial effect on the prevention, investigation or detection of crime, or

(d) have a prejudicial effect on any actual or prospective legal proceedings.

(4) In subsection (3) “prospective legal proceedings”, in relation to the exercise of a function, means legal proceedings which in the view of the Commission are likely to be brought within a reasonable period of the function being exercised.

(5) The Secretary of State must issue guidance about the exercise of the Commission’s functions in relation to information the disclosure of which might—

(a) prejudice the national security interests of the United Kingdom, or

(b) put at risk the life or safety of any person.

(6) The Commission must have regard to the guidance in exercising its functions.

(7) The Secretary of State may amend or replace the guidance issued.

(8) The Secretary of State must publish the current guidance issued.