Identity Cards Bill (2004)

(1) The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.

(2) In section 59 (functions of Intelligence Services Commissioner), after subsection (2) insert—

"(2A) The Intelligence Services Commissioner shall also keep under review—

(a) the acquisition, storage and use by the intelligence services of information recorded in the National Identity Register;

(b) the provision of such information to members of the intelligence services in accordance with any provision made by or under the Identity Cards Act 2005;

(c) arrangements made by the Secretary of State or any of the intelligence services for the purposes of anything mentioned in paragraph (a) or (b)."

(3) In section 65(2)(b) (complaints in relation to which Tribunal has jurisdiction), after "subsection (4)" insert "or (4A)".

(4) In section 65(3) (proceedings in relation to which the Tribunal has jurisdiction), for the "or" at the end of paragraph (c) substitute—

"(ca) they are proceedings relating to the provision to a member of any of the intelligence services of information recorded in an individual’s entry in the National Identity Register;

(cb) they are proceedings relating to the acquisition, storage or use of such information by any of the intelligence services; or".

(5) After section 65(4) insert—
"(4A) The Tribunal is also the appropriate forum for a complaint if it is a complaint by an individual about what he believes to be—

(a) the provision to a member of any of the intelligence services of information recorded in that individual’s entry in the National Identity Register; or

(b) the acquisition, storage or use of such information by any of the intelligence services."

---

EXPLANATORY NOTES

Clause 26: Jurisdiction of Intelligence Services Commissioner and Tribunal

149. This clause amends the Regulation of Investigatory Powers Act 2000 which sets out the functions of the Intelligence Services Commissioner and the Investigatory Powers Tribunal to add to their functions, oversight of the provision of information held on the Register to the intelligence and security agencies as defined in that Act.