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May 23, 2004

40 General interpretation

(1) In this Act.

"card" includes a document or other article, or a combination of a

document and an article, in or on which information is or may be

recorded;

"the Commissioner" means the National Identity Scheme Commissioner

appointed under section 25;

"contravention" includes a failure to comply, and cognate expressions are

to be construed accordingly;

"confirm", in relation to an individual.s entry in the Register, is to be

construed in accordance with subsection (3);

"designated document" means a document of a description designated

for the purposes of this Act by an order under section 4;

"designated documents authority" means a person with the power or

duty to issue a designated document;

"document" includes a stamp or label;

"enactment" includes.

(a) a provision of Northern Ireland legislation; and

(b) enactments passed or made after the passing of this Act;

"false", in relation to information, includes containing any inaccuracy or

omission that results in a tendency to mislead;

"D card" is to be construed in accordance with section 8(1);

"information" includes documents and records;

"issue", in relation to a document or card, and cognate expressions are to

be construed in accordance with subsection (2);

"modification" includes omission, addition or alteration, and cognate

expressions are to be construed accordingly;

"prescribed" means prescribed by regulations made by the Secretary of

State;

"place of residence" and "resides" are to be construed subject to any

regulations under subsection (4);

"public authority". has the same meaning as in section 6 of the Human

Rights Act 1998 (c. 42);

"the Register". means the National Identity Register established and

maintained under section 1;

"registrable fact" has the meaning given by section 1(4);

"statutory purposes" means the purposes specified in section 1(2).

(2) References in this Act to the issue of a document or card include references to

its renewal, replacement or re-issue (with or without modifications).

(3) References in this Act to an individual confirming the contents of his entry in

the Register are references to his confirming that entry to the extent only that it

consists of information falling within paragraphs 1 to 5 of Schedule 1 or section

3(2).

(4) The Secretary of State may by regulations make provision for the purposes of

this Act as to the circumstances in which a place is to be regarded, in relation

to an individual.

(a) as a place where he resides; or

(b) as his principal place of residence in the United Kingdom.

(5) The power to make consequential provision in connection with a modification

of Schedule 1 by an order under section 3(4) includes power to make

consequential modifications of any reference in subsection (3) of this section to

paragraphs 1 to 5 of that Schedule.

Posted by wtwu at May 23, 2004 11:50 PM

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