Proposed amendments
397 amendments across 57 provisions
Clause 1 1
Clause 2 19
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The principal objective of the ICRIR in exercising its functions is to promote reconciliation.”
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In exercising its functions, the ICRIR must have regard to the general interests of persons affected by Troubles-related deaths and serious injuries.”
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At least three months before the start of each financial year the ICRIR must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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No later than six months after the end of each financial year, the ICRIR must—
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At least three months before the start of each financial year the ICRIR must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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No later than six months after the end of each financial year, the ICRIR must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In this section “persons affected by Troubles-related deaths and serious injuries” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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In this Act “financial year”, in relation to the ICRIR, means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“ICRIR: immunity consent
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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In this Act “financial year”, in relation to the ICRIR, means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 3 2
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There is no prohibition on the employment of former members of the Royal Ulster Constabulary, the Historical Enquiries Team or the Police Service of Northern Ireland.”
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“Human rights
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 4 5
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would create or exercise police powers additional to those exercised by the PSNI, or
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Subsection (1)(c) does not apply to grants of immunity from prosecution by the ICRIR under section 18 (but see paragraph 3 of Schedule (No immunity in certain circumstances).”
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Before carrying out any reviews, the ICRIR must publish, and in carrying out any reviews, the ICRIR must take into account, guidelines containing best practice on the rights of those likely to be named in any reports.”
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would create or exercise police powers additional to those exercised by the Police Service of Northern Ireland, or
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Before carrying out any reviews, the ICRIR must publish, and in carrying out any reviews, the ICRIR must take into account, guidelines containing best practice on the rights of those likely to be named in any reports.”
Clause 5 7
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the Chief Constable of the PSNI;
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“Special relevant authorities
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 6 1
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The Commissioner for Investigations must, before exercising the power under subsection (2), consider whether an ICRIR officer-
Clause 7 6
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Subsection (2) does not apply in relation to proceedings against D for an offence under paragraph 8(1)(a) of Schedule (distortion of evidence); and subsections (2) and (3) do not apply in relation to proceedings against D for an offence under section (False statements: offence) (false statements).”
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Subsection (2) does not apply in relation to proceedings against D for an offence under paragraph 8(1)(a) of Schedule 4 (distortion of evidence); and subsections (2) and (3) do not apply in relation to proceedings against D for an offence under section (False statements: offence) (false statements).”
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Clause 8 2
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“civil proceedings” does not include—
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“civil proceedings” does not include—
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Clause 9 14
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The making of a request under subsection (1) is to be treated as “consent” for the ICRIR to grant specific immunity under section 18, subject to the requirements of that section and section (Objections to request for immunity).
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Clause 10 3
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In making a request under subsection (1) the person may be represented by a family member, friend, legal representative or lay representative.”
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Clause 11 12
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The Commissioner for Investigations must, in making a decision under subsection (4), take into account the existence of any of the following in relation to the death or harmful conduct—
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The Commissioner for Investigations must, in making a decision under subsection (4), take into account whether any of the following apply in relation to the death or harmful conduct-
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Clause 12 3
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“Objections to request for immunity”
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Clause 13 18
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The Commissioner for Investigations must comply with the obligations imposed by the Human Rights Act 1998 when exercising functions under this section.”
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The Commissioner for Investigations must ensure that each review—
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In particular, the Commissioner for Investigations is to decide whether a criminal investigation is to form part of a review.”
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Subsection (A1) does not limit the duty of the Commissioner for Investigations to comply with the obligations imposed by the Human Rights Act 1998 when exercising other functions.”
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The Commissioner for Investigations must ensure that each review—
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In particular, the Commissioner for Investigations is to decide whether a criminal investigation is to form part of a review.”
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Clause 14 2
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Clause 15 33
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The final report must include a statement of the manner in which the review was carried out.”
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In the case of any review, if it is proposed to include in the final report material criticising a public authority, the Chief Commissioner must, before producing the report—
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The Chief Commissioner may only include material criticising a living individual when the following procedural safeguards have been applied during the production of the report—
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““consultation provisions” means subsections (3) to (6A);
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““material criticising a public authority” means material which, in the Chief Commissioner’s view, constitutes significant criticism of a public authority (and that material may consist of or include criticism of one or more individuals, whether living or not);”
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allow those persons to submit, for inclusion in the final report, a victim impact statement which sets out the physical, emotional, social or financial impact upon them of the matters contained in the report.
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allow those persons to submit, for inclusion in the final report, a victim impact statement which sets out the physical, emotional, social or financial impact upon them of the matters contained in the report.
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The Chief Commissioner may only include material criticising a living individual when the following procedural safeguards have been applied during the producing of the report-
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Clause 16 7
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If a final report is not published in such a case, the Chief Commissioner must publish the statement of the manner in which the review was carried out that is included in the final report in accordance with section 15(2A).”
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Clause 17 11
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producing under section 15, and giving and publishing under section 16(2) and (3), the final report on the findings of an excepted review, or
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Clause 18 30
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If Condition B is not met because P is found by the panel to have knowingly or recklessly made a statement which is false in a material respect, the Chief Commissioner must direct the Commissioner for Investigations to submit a prosecution file to the Public Prosecution Service for consideration and direction.”
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any other law that might or would prevent a prosecution of P for an offence from being begun or continued (for example, abuse of process—but see paragraph 3 of Schedule (No immunity in certain circumstances)).”
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Condition D: in relation to immunity for offences causing death, consent of a close family member of the deceased has been given via section 9(1A) or section (Objections to request for immunity)(5), or the Chief Commissioner has exercised the discretionary power conferred by section (Objections to request for immunity)(3).”
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Condition D: P has not fled the jurisdiction of any court in the United Kingdom or Ireland after being arrested or charged or being the subject of a warrant issued in connection with any Troubles-related offence.”
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If Condition D is not met because P is found by the immunity request panel to have engaged in activity that is likely to be understood by a reasonable person as precluding reconciliation, the Chief Commissioner must direct the Commissioner for Investigations to examine whether an offence under Schedule 1A to the Counter-Terrorism Act 2008 or section 13 of the Terrorism Act 2000 may have been committed by P and submit a prosecution file to the Public Prosecution Service for consideration and direction.”
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Condition D: the immunity requests panel is satisfied that P is not engaged in activity that is likely to be understood by a reasonable person as precluding reconciliation.
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P is not eligible for immunity under this section unless P complies with such requirements as the ICRIR may impose, including—
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If Condition B is not met because P’s account is found by the panel to be not true to the best of P’s knowledge and belief, the Chief Commissioner must direct the Commissioner for Investigations to submit a prosecution file to the Public Prosecution Service for consideration and direction.”
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Condition D: the ICRIR is satisfied that the grant of immunity would—
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Condition D: the immunity requests panel is satisfied that P is not engaged in activity that is likely to be understood by a reasonable person as precluding reconciliation.
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If Condition D is not met because P is found by the immunity request panel to have engaged in activity that is likely to be understood by a reasonable person as precluding reconciliation, the Chief Commissioner must direct the Commissioner for Investigations to examine whether an offence under section 1 (encouragement of terrorism) of the Terrorism Act 2006 or section (Offence of glorifying terrorism: Northern Ireland) of this Act may have been committed by P and submit a prosecution file to the Public Prosecution Service for consideration and direction.”
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Condition D: P has not fled the jurisdiction of any court in the United Kingdom or Ireland after being arrested or charged or being the subject of a warrant issued in connection with any Troubles-related offence.”
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P is not eligible for immunity under this section unless P complies with such requirements as the ICRIR may impose, including—
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Nothing in this Act confers any immunity from prosecution (after immunity has been granted to P) if P commits an offence under section 1 (encouragement of terrorism) of the Terrorism Act 2006 or section (Offence of glorifying terrorism: Northern Ireland) of this Act.”
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Clause 19 2
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Clause 20 8
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A person making a request for immunity may be represented by a family member, friend, legal representative or lay representative.”
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If the Chief Commissioner is unable to exercise some or all of the immunity functions, generally or in particular circumstances, the Chief Commissioner may nominate another person—
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A Commissioner may not be nominated as the Chief Commissioner’s deputy unless—
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Clause 21 11
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The ICRIR must take reasonable steps to obtain any information which the Commissioner for Investigations knows or believes is relevant to the question of the truth of P’s account.”
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the making of decisions”
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The immunity requests panel must take account of guidance given under subsection (6) or (8) when exercising functions to which it relates.”
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Clause 22 5
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For provision about the nomination of a person to act temporarily instead of the Chief Commissioner, see section 20(7A).”
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“Personal statements by persons affected by deaths etc
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Publication of personal statements
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Revocation of immunity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Revocation of immunity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 23 13
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If the Commissioner for Investigations considers there is evidence that relevant conduct constitutes an offence under the law of Northern Ireland by an individual whose identity is known to the Commissioner, the Commissioner—
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any other conduct that relates to, or is otherwise connected with, the main conduct;
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“Subsequent convictions: revocation of immunity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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the offence is listed under section 13 of the Terrorism Act 2000, or’’
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“False statements: offence
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Where a Troubles-related offence or suspected offence is referred to a prosecutor, the Secretary of State must make payments or provide other resources to, or in respect of, the prosecutor in connection with any necessary investigation to decide whether to prosecute an individual.
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any other conduct that relates to, or is otherwise connected with, the main conduct,
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“False statements: offence
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“False statements: revocation of immunity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 24 3
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“although any such person may voluntarily provide information to the ICRIR.”
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Clause 27 1
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Clause 31 1
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Clause 34 5
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This section does not prevent the continuation of Operation Denton, commenced in February 2020 under the overall command of former Chief Constable Jon Boutcher.”
Clause 35 3
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But any sentencing decision in respect of a serious offence committed by P after 10 April 1998 may take into account the panel’s findings on any relevant serious Troubles-related offence committed by P.”
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But any sentencing decision in respect of a serious offence committed by P after 10 April 1998 may take into account the panel’s findings on any relevant serious Troubles-related offence committed by P.”
Clause 36 6
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An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.
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An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.
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For the purposes of subsection (3), a criminal prosecution of P is to be treated as having begun when a file relating to the criminal investigation into P’s conduct has already been submitted to the Public Prosecution Service for Northern Ireland on or before the day that section 33 comes into force.
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“Authorisation of interim custody orders under the Detention of Terrorists (Northern Ireland) Order 1972
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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For the purposes of subsection (3), a criminal prosecution of P is to be treated as having begun when a file relating to the criminal investigation into P’s conduct has already been submitted to the Public Prosecution Service on or before the day that section 33 comes into force.
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“Authorisation of interim custody orders under the Detention of Terrorists (Northern Ireland) Order 1972
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 39 15
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Where subsection (1) or (2) stops an action from being continued on or after the day on which this section comes into force the Secretary of State must recompense the litigants involved in any such action for all fees and costs which have been incurred in connection with the action.”
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Clause 40 6
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Clause 41 8
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On and after the day on which section 41 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman—
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This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if—
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““formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).””
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In section 28A of the Police Reform Act 2002 (application of complaints and misconduct provisions to matters occurring before 1 April 2004), after subsection (6) insert—
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On and after the day on which section 41 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman—
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This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if—
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““formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).””
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In section 28A of the Police Reform Act 2002 (application of complaints and misconduct provisions to matters occurring before 1 April 2004), after subsection (6) insert—
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Clause 42 3
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This section does not apply to a relevant Troubles-related civil action if, or to the extent that, section (Interim custody orders: prohibition of proceedings and compensation)(1) applies to the action (prohibition of civil claims alleging invalidity of interim custody orders).”
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“Amendment of the Code for Prosecutors for Troubles-related offences
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Grant of immunity: criminal memoirs etc
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Clause 43 1
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Clause 44 7
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“Interim custody orders: validity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Interim custody orders: prohibition of proceedings and compensation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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The designated persons must take into account the interests and concerns of victims of the Troubles in the preparation of the memorialisation strategy.
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The designated persons have an overarching duty to ensure that no memorialisation activities glorify the commission or preparation of Troubles-related offences.”
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The designated persons have an overarching duty to ensure that no memorialisation activities glorify the commission or preparation of Troubles-related offences.”
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The designated persons must take into account the interests and concerns of victims of the Troubles in the preparation of the memorialisation strategy.
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how relevant memorialisation activities currently, or will in the future, promote a culture of anti-sectarianism;”
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consult relevant organisations in the course of considering each recommendation, and”
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Clause 46 6
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When enabling or assisting the designated persons to comply with the duties imposed by subsection (1)(a) to (d), previous research excellence as assessed by independent peer review is not to be regarded as the sole criterion for any funding decision by UKRI Councils.”
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“Public history of the Troubles
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Public history of the Troubles
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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When enabling or assisting the designated persons to comply with the duties imposed by subsection (1)(a) to (d), previous research excellence as assessed by independent peer review is not to be regarded as the sole criterion for any decision by UKRI.”
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that programme is carried out in a way that promotes—
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the need to ensure that the membership of the advisory forum is not dominated by any particular political outlook or ideology.”
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the need to ensure that the membership of the advisory forum is not dominated by any particular political outlook or ideology.”
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In discharging the duty under subsection (2)(a), the designated persons must have regard to the historical record produced under section 24.”
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consult relevant organisations about the proposed designation.”
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““relevant organisation” means an organisation that the Secretary of State considers to have expertise in carrying out, promoting or otherwise facilitating activities that are intended to encourage reconciliation or anti-sectarianism;”
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“Offence of glorifying terrorism: Northern Ireland
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 52 3
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Clause 54 15
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“financial year
This has the meaning given in section 2(9).”
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“the Director General of the National Crime Agency.”
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“deputy First
Minister”
The deputy First
Minister in Northern Ireland.”
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“financial year”
This has the
meaning given in section 2(9).”
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“First Minister
The First
Minister in Northern Ireland.”
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“Special relevant
authority
The Security
Service; the Secret Intelligence Service; GCHQ”
Clause 56 1
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Where regulations under this Act are subject to made affirmative procedure, the statutory instrument containing them must be laid before Parliament after being made.
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Part 3, except for section 39, comes into force on 1 May 2024.”
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Clause 59 1
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Sections (Interim custody orders: validity) and (Interim custody orders: prohibition of proceedings and compensation) extend to Northern Ireland only.”
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section (Interim custody orders: prohibition of proceedings and compensation)(5);”
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Schedule 1 37
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In exercising the power to appoint Commissioners, the Secretary of State must ensure that (as far as it is practicable) the Commissioners include one or more persons who have experience gained outside the United Kingdom that is relevant to the work of the ICRIR.”
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In exercising the power to appoint Commissioners, the Secretary of State must ensure that all Commissioners have experience gained in the United Kingdom that is relevant to the work of the ICRIR.”
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the Secretary of State has consulted—
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A reference in this paragraph to a person being insolvent, or to being disqualified from being a company director, has the same meaning as in paragraph 11 (see paragraph 11(4) or (5)).”
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The following Orders apply to the Commissioners as they apply to constables—
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The following Orders apply to ICRIR officers as they apply to constables—
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This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 14).”
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The ICRIR must—
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In exercising the power to appoint Commissioners, the Secretary of State must ensure that (as far as it is practicable) the Commissioners include one or more persons who have experience gained outside the United Kingdom that is relevant to the work of the ICRIR.”
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the Secretary of State has consulted—
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A reference in this paragraph to a person being insolvent, or to being disqualified from being a company director, has the same meaning as in paragraph 11 (see paragraph 11(4) or (5)).”
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The following Orders apply to the Commissioners as they apply to constables—
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is of a duration, not exceeding five years, determined by the Secretary of State,”
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The following Orders apply to ICRIR officers as they apply to constables—
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This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 14).”
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Sub-paragraph (1)(a) does not apply to an assault on a designated ICRIR officer under the law of England and Wales (instead see section 1 of the Emergency Workers (Offences) Act 2018).”
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Sub-paragraph (1)(a) does not apply to an assault on a designated ICRIR officer under the law of England and Wales (instead see section 1 of the Emergency Workers (Offences) Act 2018).”
Schedule 4 4
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“SCHEDULE
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“NO IMMUNITY IN CERTAIN CIRCUMSTANCES
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Schedule 8 1
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Schedule 9 4
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“17 May 2022”
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Schedule 10 8
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Schedule 11 6
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An offence is a qualifying offence if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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the prisoner was convicted of the offence—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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An offence is a qualifying offence if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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the prisoner was convicted of the offence—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Schedule 12 12
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After section 60ZC of the Police (Northern Ireland) Act 1998 insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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After section 26E of the Police Reform Act 2002 insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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”
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In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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After section 60ZC of the Police (Northern Ireland) Act 1998 insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Amendment text
After section 26E of the Police Reform Act 2002 insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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”
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Amendment text
In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.