Investigatory Powers Act 2016

Disclosures to inquiries and inquests U.K.

22 (1) Nothing in section 56(1) prohibits— U.K.

(a) a disclosure to the panel of an inquiry held under the Inquiries Act 2005, or

(b) a disclosure to a person appointed as legal adviser to such an inquiry,

where, in the course of the inquiry, the panel has ordered the disclosure to be made to the panel alone or (as the case may be) to the panel and any person appointed as legal adviser to the inquiry.

(2) The panel of an inquiry may order a disclosure under sub-paragraph (1) only if it considers that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference.

(3) Any reference in this paragraph to a person appointed as legal adviser to an inquiry is a reference to a person appointed as solicitor or counsel to the inquiry.

Commencement Information

I1 Sch. 3 para. 22 in force at 27.6.2018 by S.I. 2018/652, reg. 8(w)

23 (1) Section 56(1) does not apply in relation to any restricted proceedings of an inquiry held under the Inquiries Act 2005. U.K.

(2) Proceedings of an inquiry held under that Act are “restricted proceedings” for the purposes of this paragraph if restrictions imposed under section 19 of that Act are in force prohibiting attendance at the proceedings by any person who is not—

(a) a member of the panel of the inquiry,

(b) a person appointed as legal adviser to the inquiry,

(c) a person who is a relevant party to the proceedings,

(d) a person representing such a person for the purposes of the proceedings, or

(e) a person performing functions necessary for the proper functioning of the proceedings.

(3) But sub-paragraph (1) does not permit any disclosure which has not been made in accordance with paragraph 22(1).

(4) In this paragraph “relevant party”, in relation to any proceedings of an inquiry, means—

(a) any person making a disclosure to the panel of the inquiry, or to a person appointed as legal adviser to the inquiry, in accordance with paragraph 22(1);

(b) any person giving evidence to the inquiry in circumstances where, in the absence of sub-paragraph (1), the prohibition imposed by section 56(1) would be breached;

(c) any person whose conduct is the interception-related conduct (within the meaning of section 56) to which the disclosure or evidence relates (whether or not that conduct has in fact occurred);

(d) any other person to whom the subject-matter of the disclosure or evidence has been lawfully disclosed in accordance with section 58.

(5) Any reference in this paragraph to a person appointed as legal adviser to an inquiry is to be read in accordance with paragraph 22(3).

Commencement Information

I2 Sch. 3 para. 23 in force at 27.6.2018 by S.I. 2018/652, reg. 8(w)

24 (1) Nothing in section 56(1) prohibits— U.K.

(a) a disclosure to a person (the “nominated person”) nominated under paragraph 3(1) of Schedule 10 to the Coroners and Justice Act 2009 (investigation by judge or former judge) to conduct an investigation into a person's death, or

(b) a disclosure to a person appointed as legal adviser to an inquest forming part of an investigation conducted by the nominated person,

where, in the course of the investigation, the nominated person has ordered the disclosure to be made to the nominated person alone or (as the case may be) to the nominated person and any person appointed as legal adviser to the inquest.

(2) The nominated person may order a disclosure under sub-paragraph (1) only if the person considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.

(3) In a case where a person who is not a nominated person is or has been conducting an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death, nothing in section 56(1) prohibits—

(a) a disclosure to the person that there is intercepted material in existence which is, or may be, relevant to the investigation;

(b) a disclosure to a person appointed as legal adviser to an inquest forming part of the investigation which is made for the purposes of determining—

(i) whether any intercepted material is, or may be, relevant to the investigation, and

(ii) if so, whether it is necessary for the material to be disclosed to the person conducting the investigation.

(4) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 56), or

(b) any secondary data obtained from a communication.

(5) Any reference in this paragraph to a person appointed as legal adviser to an inquest is a reference to a person appointed as solicitor or counsel to the inquest.

Commencement Information

I3 Sch. 3 para. 24 in force at 27.6.2018 by S.I. 2018/652, reg. 8(w)

[F1 25 (1) Nothing in section 56(1) prohibits— U.K.

(a) a disclosure to a relevant coroner conducting an NI investigation or inquest, or

(b) a disclosure to a qualified person—

(i) appointed as legal adviser to an inquest conducted by the coroner, or

(ii) employed under section 11(3) of the Coroners Act (Northern Ireland) 1959 (c. 15) (“the 1959 Act”) by a relevant coroner to assist the coroner in an investigation conducted by the coroner,

where, in the course of the investigation or inquest, the relevant coroner (“C”) has ordered the disclosure to be made to C alone or (as the case may be) to C and any qualified person appointed or employed by C as mentioned in paragraph (b).

(2) A relevant coroner may order a disclosure under sub-paragraph (1) only if the coroner considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.

(3) In a case where a coroner (“C”) conducting, or who has been conducting, an NI investigation or inquest is not a relevant coroner, nothing in section 56(1) prohibits—

(a) a disclosure to C that there is intercepted material in existence which is, or may be, relevant to the investigation or inquest;

(b) a disclosure to a qualified person appointed by C as legal adviser to the inquest or employed by C under section 11(3) of the 1959 Act to assist C in the investigation, which is made for the purposes of determining—

(i) whether any intercepted material is, or may be, relevant to the investigation, and

(ii) if so, whether it is necessary for the material to be disclosed to the person conducting the investigation.

(4) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 56), or

(b) any secondary data obtained from a communication.

(5) In this paragraph—

• “the 1959 Act” has the meaning given by sub-paragraph (1);

• “coroner” means a coroner appointed under section 2 of the 1959 Act;

• “NI investigation or inquest” means an investigation under section 11(1) of the 1959 Act or an inquest under section 13 or 14 of that Act;

• “qualified person” means a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland);

• “relevant coroner” means a coroner who is a judge of the High Court or of a county court in Northern Ireland.

Textual Amendments

F1 Sch. 3 paras. 25, 26 inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 28(3), 32(2); S.I. 2024/1021, reg. 2(z)

26 (1) Nothing in section 56(1) prohibits— U.K.

(a) a disclosure to a relevant person conducting an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (2016 asp 2) (“IFASDA 2016”), or

(b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry,

where, in the course of the inquiry, the person conducting the inquiry has ordered the disclosure to be made to that person alone or (as the case may be) to that person and any qualified person appointed to assist a relevant person in the inquiry.

(2) A relevant person may order a disclosure under sub-paragraph (1) only if the person considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice.

(3) Nothing in section 56(1) prohibits—

(a) a disclosure to a relevant person conducting an inquiry under IFASDA 2016, or

(b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry,

that there is intercepted material in existence which is, or may be, relevant to the inquiry.

(4) In sub-paragraph (3) “intercepted material” means—

(a) any content of an intercepted communication (within the meaning of section 56), or

(b) any secondary data obtained from a communication.

(5) In this paragraph “relevant person” means—

(a) a sheriff principal,

(b) a temporary sheriff principal, or

(c) a sheriff or part-time sheriff (but not a summary sheriff or part-time summary sheriff) designated as a specialist under section 37(1) or (3) of IFASDA 2016.

(6) In this paragraph “qualified person” means an advocate or solicitor; and “advocate” and “solicitor” have the same meaning as in IFASDA 2016 (see section 40 of that Act).]

Textual Amendments

F1 Sch. 3 paras. 25, 26 inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 28(3), 32(2); S.I. 2024/1021, reg. 2(z)