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

SCHEDULES

Prospective

Section 32

SCHEDULE 8 U.K. Identification of sensitive, prejudicial or protected international information

PART 1 U.K. The ICRIR: identification of sensitive or prejudicial information

1 (1) The Commissioner for Investigations must, from time to time, identify any information held by the ICRIR which (in that Commissioner’s opinion) is— U.K.

(a) sensitive information, or

(b) prejudicial information.

(2) That duty does not require the Commissioner for Investigations to identify information as sensitive information, or as prejudicial information, if (in accordance with paragraph 2 or 3) a relevant authority has notified the Commissioner for Investigations that that authority has identified the information as that kind of information.

Commencement Information

I1 Sch. 8 para. 1 not in force at Royal Assent, see s. 63(4)

PART 2 U.K. Relevant authorities: identification of sensitive or prejudicial information

Information made available by a relevant authority U.K.

2 (1) This paragraph applies if a relevant authority is proposing to make any information available to the ICRIR (whether in accordance with section 5 or otherwise).

(2) The relevant authority must identify any of the information which, in the relevant authority’s opinion, is—

(a) sensitive information, or

(b) prejudicial information.

(3) When making the information available to the ICRIR, the relevant authority must notify the Commissioner for Investigations of any of the information which the relevant authority has identified in accordance with this paragraph.

Commencement Information

I2 Sch. 8 para. 2 not in force at Royal Assent, see s. 63(4)

Information made available by other persons U.K.

3 (1) This paragraph applies if a person other than a relevant authority—

(a) is proposing to make any information available to the ICRIR, or

(b) has made any information available to the ICRIR.

(2) A relevant authority may identify any of the information which (in the relevant authority’s opinion) is—

(a) sensitive information, or

(b) prejudicial information.

(3) The relevant authority must notify the Commissioner for Investigations of any of the information which that relevant authority has identified in accordance with this paragraph.

Commencement Information

I3 Sch. 8 para. 3 not in force at Royal Assent, see s. 63(4)

Notifications under this Schedule U.K.

4 A notification of information under paragraph 2 or 3 must include a statement of whether, in the relevant authority’s opinion, the information would, if disclosed generally, be—

(a) sensitive information,

(b) prejudicial information, or

(c) information of both of those kinds.

Commencement Information

I4 Sch. 8 para. 4 not in force at Royal Assent, see s. 63(4)

PART 3 U.K. Secretary of State: identification of protected international information

5 U.K. The Secretary of State may notify the Commissioner for Investigations of—

(a) any information held by the ICRIR, or

(b) any information which any person is proposing to make available to the ICRIR,

which, in the Secretary of State’s opinion, is protected international information.

Commencement Information

I5 Sch. 8 para. 5 not in force at Royal Assent, see s. 63(4)