Historical Institutional Abuse (Northern Ireland) Act 2019
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Change 1
17 Restrictions on public access
(1) The President of the Board may by order (a “restriction order”) impose specified restrictions on— (a) disclosure or publication of evidence or documents given, produced or provided on the determination of an application or appeal under this Part; (b) disclosure or publication of the identity of any person. (2) The power under subsection (1) is also exercisable— (a) on the determination of an application under this Part by the panel appointed under section 8, or (b) on the determination of an appeal under this Part by the single judicial member of the Board selected under section 16. (3) A restriction order must specify only such restrictions— (a) as are required by any law, or (b) as the President, or the panel or judicial member of the Board concerned, considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4). (4) Those matters are— (a) the extent to which a restriction on disclosure or publication might inhibit the allaying of public concern; (b) any risk of harm or damage that could be avoided or reduced by any such restriction; (c) any conditions as to confidentiality subject to which a person acquired information which that person is to give or has given to a panel appointed under section 8 or a single judicial member selected under section 16; (d) the extent to which not imposing any particular restriction would be likely— (i) to cause delay or to impair the efficient and effective discharge on behalf of the Board of its functions in determining an application or an appeal under this Part, or (ii) otherwise to result in additional cost (whether to public funds or to a person making an application or bringing an appeal under this Part or to any other person). (5) The President, or the panel or judicial member of the Board concerned, may vary or revoke a restriction order by making a further order. (6) Restrictions imposed under this section continue in force indefinitely unless— (a) under the terms of the relevant order, the restrictions expire at a specified time, or (b) the relevant order is varied or revoked under subsection (5).
17 Restrictions on public access
(1) The President of the Board may by order (a “restriction order”) impose specified restrictions on— (a) disclosure or publication of evidence or documents given, produced or provided on the determination of an application or appeal under this Part; (b) disclosure or publication of the identity of any person. (2) The power under subsection (1) is also exercisable— (a) on the determination of an application under this Part by the panel appointed under section 8, or (b) on the determination of an appeal under this Part by the single judicial member of the Board selected under section 16. (3) A restriction order must specify only such restrictions— (a) as are required by any law, or (b) as the President, or the panel or judicial member of the Board concerned, considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4). (4) Those matters are— (a) the extent to which a restriction on disclosure or publication might inhibit the allaying of public concern; (b) any risk of harm or damage that could be avoided or reduced by any such restriction; (c) any conditions as to confidentiality subject to which a person acquired information which that person is to give or has given to a panel appointed under section 8 or a single judicial member selected under section 16; (d) the extent to which not imposing any particular restriction would be likely— (i) to cause delay or to impair the efficient and effective discharge on behalf of the Board of its functions in determining an application or an appeal under this Part, or (ii) otherwise to result in additional cost (whether to public funds or to a person making an application or bringing an appeal under this Part or to any other person). (5) The President, or the panel or judicial member of the Board concerned, may vary or revoke a restriction order by making a further order. (6) Restrictions imposed under this section continue in force indefinitely unless— (a) under the terms of the relevant order, the restrictions expire at a specified time, or (b) the relevant order is varied or revoked under subsection (5).
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