Schedules Schedule 9: Determination of whether the prohibition on civil actions applies
This schedule makes provision about how the courts will determine whether prohibition on civil actions under section 43 applies.
	Paragraph 2 entitles the Secretary of State to notice of any Troubles-related civil action that it appears may contravene the prohibition. It also confers a power on the Secretary of State (or a person nominated by them) to be joined as a party to the action and take part in proceedings to determine the question of whether the prohibition applies.
	Paragraph 3 sets out how the court must determine whether the prohibition on civil actions applies where sufficient evidence has been adduced to raise an issue as to whether the prohibition applies. Sub-paragraph (3) provides that the court must assume that the action contravenes the prohibition until it is proved that the action does not and sub-paragraph (4) provides that the court must dismiss the action where the action contravenes the prohibition. However, sub-paragraphs (5) and (6) preserve the discretion of the court to award costs where the action is dismissed. Sub-paragraphs (7) and (8) provide that the court must determine the question of whether the prohibition is contravened before considering other questions unless the court considers there are exceptional reasons not to do so. Sub-paragraph (8)(a)(ii) also permits the court to consider questions of limitation at the same time it considers whether the prohibition is contravened.
	Paragraph 4 clarifies that the prohibition on civil actions does not prevent any legal proceedings relating to a determination by a court that a civil action contravenes the prohibition (for instance, an appeal seeking to overturn a decision that the prohibition applies to an action).