Identity Cards Bill (2004)

(1) A designated documents authority may issue a designated document to an individual only if—

(a) it is satisfied that the requirements imposed by or under this Act in relation to the application for the issue of that document to that individual have been complied with;

(b) it is satisfied that the Secretary of State has considered and disposed of so much of that application as relates to the making of an entry in the Register or the confirmation (with or without changes) of the contents of such an entry; and

(c) it has ascertained whether the individual already holds a valid ID card.

(2) A designated documents authority which issues a designated document to an individual who does not hold a valid ID card must ensure that the document is issued together with an ID card satisfying the prescribed requirements.

(3) Regulations made by the Secretary of State may impose requirements regulating how designated documents authorities handle—

(a) applications to be entered in the Register that are made to them;
(b) applications to be issued with ID cards that are made to them (whether or not as part of an application for a designated document); and

(c) applications made to them that confirm (with or without changes) the contents of an individual’s entry in the Register

(4) Regulations made by the Secretary of State may also require designated documents authorities to notify the Secretary of State where a designated document that was issued together with an ID card—

(a) is modified, suspended or revoked; or

(b) is required to be surrendered

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EXPLANATORY NOTES

Clause 10: Functions of persons issuing designated documents

70. A designated documents authority is defined as an issuer of a designated document. This clause sets out how common standards will be set for all designated documents authorities in carrying out their functions in relation to the Register and ID cards.

71. Subsection (1) requires that a designated document may only be issued if the designated documents authority is satisfied that:

• the requirements imposed by or under the legislation in relation to the application for the issue of that document to that individual have been complied with;

• the Secretary of State has considered and disposed of so much of the application as relates to the making of an entry on the Register or the confirmation (with or without changes) of the contents of such an entry; and

• it has ascertained whether the individual already holds a valid ID card.

72. Subsection (2) requires that, where a designated document is issued to an individual who does not hold a valid ID card, the designated documents authority must ensure that the document is issued with an ID card (as defined in clause 43(6)). This provision ensures that the issue of a designated document is linked to the issue of an ID card only where someone does not already hold a valid ID card.

73. Subsection (3) sets out in more detail the requirements that may be imposed on designated documents authorities, regarding:

• how applications made to them for entry on the Register are to be handled;

• how applications to be issued with ID cards made to them are to be handled, whether they be stand-alone applications or made with applications for designated documents; and

• how applications made to them confirming an individual's entry to the Register are to be handled.

74. Subsection (4) allows the Secretary of State to make regulations requiring those issuing designated documents to notify the Secretary of State where a designated document is modified, suspended or revoked; or required to be surrendered.

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Amendments up to and including Friday 14th January 2005 page 3

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Mr Richard Allan Mr Alistair Carmichael

Clause 10, page 9, line 4, leave out subsection (2).