Search Legislation

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 13

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, SCHEDULE 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 58

SCHEDULE 13U.K.Amendments

This schedule has no associated Explanatory Notes

PART 1U.K.The ICRIR

Prosecution of Offences Act 1985U.K.

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

(2)In subsection (2)—

(a)after paragraph (ac) insert—

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

(b)after paragraph (bc) insert—

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

(c)after paragraph (ee) insert—

(ef)to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

(i)a review by the ICRIR; or

(ii)criminal proceedings instituted in England and Wales relating to a review by the ICRIR;.

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

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

Commencement Information

I1Sch. 13 para. 1 not in force at Royal Assent, see s. 63(4)

I2Sch. 13 para. 1 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Northern Ireland Act 1998U.K.

2(1)The Northern Ireland Act 1998 is amended in accordance with this paragraph.

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

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

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

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

Commencement Information

I3Sch. 13 para. 2 not in force at Royal Assent, see s. 63(4)

I4Sch. 13 para. 2 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(k)

Police (Northern Ireland) Act 1998U.K.

3After section 60ZC of the Police (Northern Ireland) Act 1998 insert—

60ZDThe Independent Commission for Reconciliation and Information Recovery

(1)An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR.

(2)Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures.

(3)An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4)Before making an order under this section the Secretary of State must consult—

(a)the Ombudsman; and

(b)the ICRIR.

(5)Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6)No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland.

(7)In this section—

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

  • ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Commencement Information

I5Sch. 13 para. 3 not in force at Royal Assent, see s. 63(4)

I6Sch. 13 para. 3 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Freedom of Information Act 2000U.K.

4In Schedule 1 to the Freedom of Information Act 2000 (public authorities), Part 6 (other public bodies and offices: general), at the appropriate place insert—

  • The Independent Commission for Reconciliation and Information Recovery.

Commencement Information

I7Sch. 13 para. 4 not in force at Royal Assent, see s. 63(4)

I8Sch. 13 para. 4 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Justice (Northern Ireland) Act 2002U.K.

5(1)Section 31 of the Justice (Northern Ireland) Act 2002 is amended in accordance with this paragraph.

(2)After subsection (1) insert—

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

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

(4)After subsection (6) insert—

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

Commencement Information

I9Sch. 13 para. 5 not in force at Royal Assent, see s. 63(4)

I10Sch. 13 para. 5 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Police Reform Act 2002U.K.

6After section 26E of the Police Reform Act 2002 insert—

26FThe Independent Commission for Reconciliation and Information Recovery

(1)The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.

(2)Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.

(3)An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.

(4)Before making regulations under this section the Secretary of State must consult—

(a)the Director General; and

(b)the ICRIR.

(5)Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6)An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.

(7)Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.

(8)In this section—

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

  • ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Commencement Information

I11Sch. 13 para. 6 not in force at Royal Assent, see s. 63(4)

I12Sch. 13 para. 6 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

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

7(1)Article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) (agreements to establish complaints procedures) is amended as follows.

(2)After paragraph (4) insert—

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

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

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

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

(c)ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

(d)ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Commencement Information

I13Sch. 13 para. 7 not in force at Royal Assent, see s. 63(4)

I14Sch. 13 para. 7 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

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

8(1)The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) is amended as follows.

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

(17A)The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR.

(17B)A “serious incident involving the ICRIR” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).

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

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

Commencement Information

I15Sch. 13 para. 8 not in force at Royal Assent, see s. 63(4)

I16Sch. 13 para. 8 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Investigatory Powers Act 2016U.K.

9In section 58 of the Investigatory Powers Act 2016 (section 57: meaning of excepted disclosure), in subsection (4), after paragraph (d) insert—

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

Commencement Information

I17Sch. 13 para. 9 not in force at Royal Assent, see s. 63(4)

I18Sch. 13 para. 9 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

Data Protection Act 2018U.K.

10In Schedule 18 to the Data Protection Act 2018, in paragraph 3 (records relating to a caution or conviction whose production must not be required in connection with employment etc), in sub-paragraph (2), after paragraph (f) insert—

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

Commencement Information

I19Sch. 13 para. 10 not in force at Royal Assent, see s. 63(4)

I20Sch. 13 para. 10 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(k)

Sentencing Act 2020U.K.

11In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—

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

Commencement Information

I21Sch. 13 para. 11 not in force at Royal Assent, see s. 63(4)

I22Sch. 13 para. 11 in force at 1.5.2024 by S.I. 2024/584, reg. 2(bb) (with regs. 3, 4)

PART 2U.K.Limitation of legal proceedings

Prescription and Limitation (Scotland) Act 1973U.K.

12After section 23B of the Prescription and Limitation (Scotland) Act 1973 insert—

23CActions relating to the Northern Ireland Troubles

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

Commencement Information

I23Sch. 13 para. 12 in force at 18.11.2023, see s. 63(2)(b)

Limitation Act 1980U.K.

13After section 27C of the Limitation Act 1980 insert—

27DActions relating to the Northern Ireland Troubles

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

Commencement Information

I24Sch. 13 para. 13 in force at 18.11.2023, see s. 63(2)(b)

Foreign Limitation Periods Act 1984U.K.

14After section 4 of the Foreign Limitation Periods Act 1984 insert—

4AActions relating to the Northern Ireland Troubles

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

Commencement Information

I25Sch. 13 para. 14 in force at 18.11.2023, see s. 63(2)(b)

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

15After Article 5 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)) insert—

5AActions relating to the Northern Ireland Troubles

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

Commencement Information

I26Sch. 13 para. 15 in force at 18.11.2023, see s. 63(2)(b)

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

16After Article 73 of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

73AActions relating to the Northern Ireland Troubles

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

Commencement Information

I27Sch. 13 para. 16 in force at 18.11.2023, see s. 63(2)(b)

Merchant Shipping Act 1995U.K.

17In section 190 of the Merchant Shipping Act 1995 (time limit for proceedings against ship owner or ships), after subsection (6) insert—

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

Commencement Information

I28Sch. 13 para. 17 in force at 18.11.2023, see s. 63(2)(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources