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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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This is the original version (as it was originally enacted).

Exercise of the powers and privileges of a Scottish constable

This section has no associated Explanatory Notes

3(1)A designated ICRIR officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases.

(2)The first case is where—

(a)a Scottish general authorisation is in force, and

(b)the powers and privileges are exercised in accordance with that authorisation.

(3)The second case is where—

(a)a Scottish operational authorisation is in force in relation to a particular operation, and

(b)the powers and privileges are exercised—

(i)in connection with that operation, and

(ii)in accordance with that authorisation.

(4)In this paragraph—

  • “Scottish general authorisation” means an agreement between—

    (a)

    the Commissioner for Investigations, and

    (b)

    the Scottish Ministers,

    about the exercise of the powers and privileges of Scottish constables by designated ICRIR officers;

  • “Scottish operational authorisation” means an agreement between—

    (a)

    the Commissioner for Investigations, 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 Scottish constables by designated ICRIR officers in connection with a particular operation.

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