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December 09, 2004
40 Amendments of legislation relating to passports
40 Amendments of legislation relating to passports
(1) In section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode), for the "or" at the end of paragraph (a) (proof of right of abode by passport) insert—
"(aa) a valid ID card issued to him under the Identity Cards Act 2005
which records that he is a British citizen; or"
(2) In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37)
(enforcement of banning orders etc.), for "passport", wherever occurring, substitute "travel authorisation".
(3) In section 22A(1) of that Act (interpretation), after the definition of "prescribed" insert—
"travel authorisation", in relation to a person, means one or both of the following—
(a) any UK passport (within the meaning of the Immigration Act 1971) that has been issued to him;
(b) any ID card issued to him under the Identity Cards Act 2005 which records that he is a British citizen."
(4) In sections 33, 35 and 36 of the Criminal Justice and Police Act 2001 (c. 16) (travel restriction orders), for “passport”, wherever occurring, substitute "travel authorisation".
(5) For section 33(8) of that Act substitute—
"(8) In this section "UK travel authorisation", in relation to a person, means one or both of the following—
(a) any UK passport (within the meaning of the Immigration Act 1971) that has been issued to him;
(b) any ID card issued to him under the Identity Cards Act 2005 which records that he is a British citizen."
(6) The Secretary of State may by order modify—
(a) any enactment (including an enactment amended by this section), or
(b) any subordinate legislation, for the purpose of including a reference to an ID card in any reference (however worded) to a passport.
(7) The Secretary of State must not make an order containing (with or without other provision) any provision authorised by this section which modifies an enactment unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
EXPLANATORY NOTES
Clause 40: Amendments of legislation relating to passports
207. Clause 40 makes a series of amendments to existing legislation where currently passports are mentioned to enable identity cards to be used in circumstances where a passport may currently be required.
208. Subsection (1) amends the Immigration Act 1971 to include a valid ID card which records the individual as a British citizen as evidence of proof of right of abode.
209. This clause also amends legislation where a person is required to surrender his passport and has an ID card that is valid for travel. The amendment to the Football Spectators Act 1989 by subsections (2) and (3) ensures that a requirement to surrender a passport includes a requirement to surrender an ID card able to be used as a travel document.
210. Subsections (4) and (5) make a similar amendment to the Criminal Justice and Police Act 2001 where courts can issue travel restriction orders in cases of serious drug offenders leaving prison.
211. Subsection (6) allows amendments to be made to existing legislation, so that where currently they include a reference to a passport, a reference to an ID card may be added. This is subject to the negative resolution procedure as far as subordinate legislation is concerned and the affirmative resolution procedure if primary legislation is amended.
212. This power is necessary to enable the ID card, as a highly reliable form of identity, to be used in the widest range of circumstances and to facilitate its use as a travel document.
Posted by wtwu at December 9, 2004 03:19 AM
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Comments
Subsecrion 6.a
This seams to allow the secretary of state to replace UK issused pasports by ID cards with a simple order.
Posted by: John at December 15, 2004 12:34 AM
What happens if you do not have a Passport, but only an ID Card, which is enough to travel to and from the Republic of Ireland (in theory you do not neeed even this, but presumably the whole question of UK/Irish border controls will have to
be amended) and the rest of the European Union ?
Currently, a Court can order you to surrender your Passport, due to bail conditions, child custody battles, Football Hooligan banning orders etc.
"2) In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37)
(enforcement of banning orders etc.), for "passport", wherever occurring, substitute "travel authorisation"."
What happens to your access to domestic UK public services etc. whichwill need the ID Card ?
Who pays for a "domestic only ID Card" under such circumstances ?
Are there really going to be ID Cards with "not valid for travel outside of the UK" printed visibly on them, which therefore reveal by inference, that the holder is probably under some sort of court order ?
It would be evil if the "not valid for foreign travel" flag was secretly encoded on the ID Card or on the Central Database and passed electronically to foreign governments via e.g. the European Union Schegen Information System II, to the USA, to Russia etc.
How could you ever be sure that these foreign systems would be correctly updated once the court order has been lifted, or that even if they are informed and updated, that they do not retain a history of the previous travel ban ("therefore must be suspicious") status ?
Where is the mechanism to sort out the mistakes and cockups which will inevitably happen ?
Posted by: wtwu at December 18, 2004 06:58 PM
In relation to surrendering travel "permits" (So gracious of the government to pemit me to travel), what happens to the football supporter who has to surrender his passport / ID card?
Is it prevented from using any public service that doesn't have an Iris / fingerprint scanner right there and then?
Posted by: jymjim at December 19, 2004 11:23 AM