Part 3: Investigations, legal proceedings etc. and release of prisoners Criminal investigations and proceedings Section 42: General provision and saving for ongoing pre-commencement action
This section contains general and saving provisions relating to Troubles-related criminal investigations and prosecutions. Subsection (1) sets out that any legislation or other law has no effect insofar as it authorises or requires a person to do anything that is prohibited by sections 38 to 41
	Subsection (2) gives meaning to the term, "criminal enforcement action" for the purposes of sections 39 to 41. Criminal enforcement action is taken against a person for an offence if: they are prosecuted for it, other criminal proceedings are brought or continued against the person in relation to the offence, or the person is arrested or otherwise detained in connection with the offence.
	Subsection (3) is a saving provision, and provides that section 38 does not prevent a criminal investigation being carried out other than the ICRIR if a public prosecution of a person for the offence has already begun prior to commencement (1 May 2024) and the investigation is being carried out for the purposes of that prosecution.
	Subsection (4) is another saving provision: sections 40 and 41 do not prevent criminal enforcement action from being taken against a person in respect of an offence where a public prosecution was started before commencement (1 May 2024), and where the criminal enforcement action related to that prosecution (for example, the enforcement of a sentence).
	Subsection (5) clarifies that the saving provisions in subjections (3) and (4) do not prevent further transitory, transitional or saving provision from being included in in regulations under section 63(5) in connection with the coming into force of sections 38, 40 or 31.
	Subsection (6) defines the term "public prosecution" as a prosecution other than a private prosecution, and provides that a public prosecution is to be treated as begun when the decision to prosecute is made.