Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41)

SCHEDULES

Prospective

SCHEDULE 11 U.K. Investigations, inquests and inquiries in England and Wales and Scotland

PART 1 U.K. England and Wales: investigations and inquests

Coroners and Justice Act 2009 U.K.

1 (1) After section 11 of the Coroners and Justice Act 2009 insert—

“Deaths related to the Northern Ireland Troubles U.K.

11A Investigations and inquests into Troubles-related deaths

Schedule 1A makes provision about investigations and inquests into Troubles-related deaths.”

(2) After Schedule 1 to that Act insert—

“SCHEDULE 1A U.K. Investigations and inquests into Troubles-related deaths

Obligatory discontinuance of existing investigations and inquests

1 (1) This paragraph applies to an investigation into a death that resulted directly from the Troubles if, on 1 May 2024, a senior coroner was under a duty to conduct the investigation unless, on that day, the only part of the investigation that remains to be carried out is the coroner or any jury making the determination and any findings required by section 10, or something subsequent to that.

(2) On and after that day a coroner must not progress the conduct of—

(a) the investigation, or

(b) the inquest.

(3) As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue—

(a) the investigation, and

(b) the inquest, including by discharging any jury that has been summoned.

(4) Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph.

New investigations and inquests

2 (1) This paragraph applies on and after the day on which paragraph 1(2) of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force.

(2) The duty under section 1(1) is not to begin to apply to a senior coroner in respect of a death that resulted directly from the Troubles.

(3) A senior coroner (A) must not make a request under section 2 for another senior coroner (B) to conduct an investigation into a death that resulted directly from the Troubles; and B must not agree to such a request.

(4) The Chief Coroner must not give a direction under section 1(5) or 3 to a senior coroner to conduct an investigation into a death that resulted directly from the Troubles.

Interpretation

3 (1) For the purposes of this Schedule a death “resulted directly from the Troubles” if—

(a) the death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from of an act of violence or force, and

(b) the act of violence or force was conduct forming part of the Troubles.

(2) In this paragraph “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

(3) In this Schedule—

• “inquest” means the inquest that forms part of an investigation;

• “investigation” means an investigation under this Part.”

Commencement Information

I1 Sch. 11 para. 1 in force at 1.5.2024, see s. 63(3)

Coroners Act 1988 U.K.

2 (1) In section 13 of the Coroners Act 1988 (order to hold investigation), after subsection (4) insert—

“(5) This section does not apply in relation to a death that resulted directly from the Troubles (which has the same meaning as in Schedule 1A to the Coroners and Justice Act 2009 — see paragraph 4 of that Schedule).”

(2) The repeal of the Coroners Act 1988 in Part 1 of Schedule 23 to the Coroners and Justice Act 2009 applies to section 13(5) of the 1988 Act as it applies to the other provisions of that Act.

Commencement Information

I2 Sch. 11 para. 2 in force at 1.5.2024, see s. 63(3)