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Investigatory Powers Act 2016

Investigatory Powers Act 2016 Sch 3 para 25

Sch 3 para 25

(1) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant coroner conducting an NI investigation or inquest, or (b) a disclosure to a qualified person— (i) appointed as legal adviser to an inquest conducted by the coroner, or (ii) employed under section 11(3) of the Coroners Act (Northern Ireland) 1959 (c. 15) (“ the 1959 Act ”) by a relevant coroner to assist the coroner in an investigation conducted by the coroner, where, in the course of the investigation or inquest, the relevant coroner (“ C ”) has ordered the disclosure to be made to C alone or (as the case may be) to C and any qualified person appointed or employed by C as mentioned in paragraph (b) . (2) A relevant coroner may order a disclosure under sub-paragraph (1) only if the coroner considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice. (3) In a case where a coroner (“ C ”) conducting, or who has been conducting, an NI investigation or inquest is not a relevant coroner, nothing in section 56(1) prohibits— (a) a disclosure to C that there is intercepted material in existence which is, or may be, relevant to the investigation or inquest; (b) a disclosure to a qualified person appointed by C as legal adviser to the inquest or employed by C under section 11(3) of the 1959 Act to assist C in the investigation, which is made for the purposes of determining— (i) whether any intercepted material is, or may be, relevant to the investigation, and (ii) if so, whether it is necessary for the material to be disclosed to the person conducting the investigation. (4) In sub-paragraph (3) “ intercepted material ” means— (a) any content of an intercepted communication (within the meaning of section 56), or (b) any secondary data obtained from a communication. (5) In this paragraph— “ the 1959 Act ” has the meaning given by sub-paragraph (1) ; “ coroner ” means a coroner appointed under section 2 of the 1959 Act; “ NI investigation or inquest ” means an investigation under section 11(1) of the 1959 Act or an inquest under section 13 or 14 of that Act; “ qualified person ” means a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland); “ relevant coroner ” means a coroner who is a judge of the High Court or of a county court in Northern Ireland.

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