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May 23, 2004
2 Individuals entered in Register
(1) An entry must be made in the Register for every individual who.
(a) is entitled to be entered in it; and
(b) applies to be entered in it.
(2) The individuals entitled to be entered in the Register are.
(a) every individual who has attained the age of 16 and, without being
excluded under subsection (3) from an entitlement to be registered, is
residing at a place in the United Kingdom; and
(b) every individual of a prescribed description who has resided in the
United Kingdom or who is proposing to enter the United Kingdom.
(3) Regulations made by the Secretary of State may provide that an individual
residing in the United Kingdom is excluded from an entitlement to be
registered if he is.
(a) residing in the United Kingdom in exercise of an entitlement to remain
there that will end less than the prescribed period after it was acquired;
or
(b) an individual of a prescribed description who has not yet been resident
in the United Kingdom for the prescribed period.
(4) An entry for an individual may be made in the Register (whether or not he has
applied to be, or is entitled to be, entered in it) if information capable of being
recorded in an entry for him is otherwise available to be recorded.
(5) The Secretary of State.
(a) may at any time modify the Register for the purpose of correcting
information entered in it that he is satisfied is inaccurate; but
(b) is not, by virtue of any provision of this Act, to be under a duty to
correct such information unless he is so satisfied.
(6) An entry in the Register consisting of all the information recorded about an
individual must be given a unique number, to be known as his National
Identity Registration Number; and that number must comply with the
prescribed requirements.
(7) The Secretary of State may by order modify the age for the time being specified
in subsection (2)(a).
Posted by wtwu at May 23, 2004 09:12 PM
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Comments
2(3)
The Secretary of State should not be the judge of whether or not something is inaccurate, this should be a matter for an Independent Regulatory Body or for the courts..
The Secretary of State or this Independent Regulatatory Body should be bound by a have a positive duty to correct mistakes speedily and for free.
RECCOMENDATION:
Remove s 2 (5) (b) State on the face of the Bill that those bodies operating or overseeing the scheme have a positive duty to correct mistakes speedily and for free.
Posted by: wtwu at May 24, 2004 02:28 AM
2(7)
Parliament should decide, after a full debate, at the outset what the age requirement for the ID card and register is.
Any change to this would be a major change to the project and will waste millions of pounds needed to implement it. This should not be changed by Order, but should require full Parliamentary scrutiny and debate of primary legislation.
Why do the Home Office think that changing the age requiremnt is less of a momentous decision, than say changing the age of consent, or voting etc. ? It is inconceivable that those would be changed without full Parliamentary debate and scutiny of Primary Legislation. ID Cards, and any changes to them, are fundamental changes to our whole society.
RECCOMENDATION:
Remove Section 2 (7) from the Bill, and let Parliament fully consider Primary legislation if a massively compelling case ever exists for changing the original age requirement in the future.
Posted by: wtwu at May 24, 2004 02:43 AM