Identity Cards Bill (2004)

(1) The Secretary of State may by regulations specify fees, of such amounts as he thinks fit, to be paid to him in respect of any one or more of the following—

(a) applications to him for entries to be made in the Register, for the modification of entries or for the issue of ID cards;

(b) the making or modification of entries in the Register;

(c) the issue of ID cards;

(d) applications for the provision of information contained in entries in the Register;

(e) the provision of such information;

(f) applications for confirmation that information supplied coincides with information recorded in the Register;

(g) the issue or refusal of such confirmations;

(h) applications for the approval of a person or of apparatus in accordance with any regulations under this Act;

(i) the grant of such approvals.

(2) The provision that may be made by regulations under this section includes—

(a) provision for the payment of fees by instalments; and

(b) provision establishing arrangements under which instalments may be paid in anticipation of a fee becoming due.

(3) In prescribing a fee under this section in respect of anything mentioned in a particular paragraph of subsection (1), the Secretary of State may take into account—

(a) expenses that will be or have been incurred by him in respect of that thing, both in the circumstances in relation to which the fee is prescribed and in other circumstances;

(b) expenses that will be or have been incurred by him in respect of such other things mentioned in that subsection as he thinks fit;

(c) other expenses that will be or have been incurred by him in connection with any provision made by or under this Act;

(d) expenses that will be or have been incurred by any person in connection with applications for, and the issue of, designated documents (whether or not together with ID cards);

(e) expenses that will be or have been incurred in the provision of consular services (within the meaning of section 1 of the Consular Fees Act 1980 (c. 23)); and

(f) such differences between different persons by or in relation to whom that thing may be done as he thinks fit.

(4) The consent of the Treasury is required for the making of regulations under subsection (1).

(5) Every power conferred by or under an enactment to fix or impose fees in respect of—

(a) applications for a designated document, or

(b) the issue of designated documents, includes power to fix or impose fees in respect of things done by virtue of this Act in connection with such applications, or with the issue of such documents.

(6) Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.

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EXPLANATORY NOTES

Fees and charges

Clause 37: Fees in respect of functions carried out under Act

191. This clause makes provision for the payment of fees.

192. Subsection (1) enables fees to be set for:

• applications for entries to be made, for their modification or the issue of ID cards;

• making or modifying entries;

• issue of ID cards;

• applications for provision of information contained on the Register;

• provision of such information;

• applications for confirmation of any information recorded;

• the issue or refusal of such a confirmation;

• applications for the approval of a person or apparatus (the accreditation);

• the grant of such approvals.

193. Subsection (2) allows regulations to be made allowing the payment of fees by instalments, for example schemes such as saving stamps.

194. Subsection (3) allows the Secretary of State in prescribing fees under subsection (1), to take into account the wider costs associated with the identity cards scheme. For instance, a charge may need to cover not just the issue of an ID card but also the costs of updating the card when details such as address change, which may not necessarily incur an additional fee. This subsection also gives a power to charge different fees in different circumstances, to allow for example for a reduced fee for some cards or to cross-subsidise between different cards. Subsection (3)(d) also includes a power to take into account the cost of issuing ID cards in connection with the issue of designated documents. Subsection (3)(e) allows for expenses incurred in the provisions of consular services to be taken into account in setting fees, for example where a card was valid for travel this might be appropriate.

195. Subsection (4) means Treasury consent is required before regulations are made under subsection (1).

196. Subsection (5) allows for the fees for designated documents to cover the costs of dealing with matters under this Bill (i.e. the Register and ID cards) when those matters are dealt with in relation to applications for, and the issuing of, designated documents. For example, charges for residence permits could be made using existing powers, and include the costs associated with the identity cards scheme.

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Amendments up to and including Friday 14th January 2005 page 5

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Mr Richard Allan Mr Alistair Carmichael

*Clause 37, page 31, line 24, at end insert—

'but no fee shall be imposed for a card issued in consequence of an order by the Secretary of State for compulsory registration.'.

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Mr Richard Allan
Mr Alistair Carmichael

*Page 31, line 9, leave out Clause 37.