Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

33 Guidance and protocols relating to information U.K.

(1) The Secretary of State may give guidance about the identification of sensitive information to—

(a) the ICRIR;

(b) the Chief Constable of the PSNI;

(c) chief officers of police forces in Great Britain;

(d) the Police Ombudsman for Northern Ireland;

(e) the Director General of the Independent Office for Police Conduct;

(f) the Police Investigations and Review Commissioner;

(g) Northern Ireland departments;

(h) the Scottish Ministers.

(2) If a person is given guidance under subsection (1), the person must have regard to it in identifying information as sensitive information in accordance with Schedule 8.

(3) The Secretary of State may give guidance to the ICRIR about the exercise of its functions in accordance with section 4(1)(a).

(4) The ICRIR must have regard to any guidance given under subsection (3) in exercising the functions to which the guidance relates.

(5) An information disclosure protocol may be agreed between—

(a) the Commissioner for Investigations, and

(b) one or more of—

(i) the relevant authorities, and

(ii) the persons listed in paragraph 3(2) of Schedule 6.

(6) An “information disclosure protocol” is a document dealing with a framework for the disclosure of information by, or to, the ICRIR.

Commencement Information

I1 S. 33 not in force at Royal Assent, see s. 63(4)

I2 S. 33(1)(3)(5)(6) in force at 1.12.2023 by S.I. 2023/1293, reg. 2(d)

I3 S. 33(2)(4) in force at 1.5.2024 by S.I. 2024/584, reg. 2(x) (with regs. 3, 4)