Identity Cards Bill (2004)

(1) In this Act—

"apparatus" includes any equipment, machinery or device and any wire or cable, together with any software used with it;

"biometric information"”, in relation to an individual, means data about his external characteristics, including, in particular, the features of an iris or of any other part of the eye;

"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 24;

"confirm", in relation to the contents of an individual’s entry in the Register, is to be construed in accordance with subsection (4);

"contravention" includes a failure to comply, and cognate expressions are to be construed accordingly;

"crime" means a crime within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) of that Act);

"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;

"detection", in relation to crime or serious crime, is to be construed in accordance with subsection (9);

"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 (and is to be construed subject to section 3(3));

"fingerprint", in relation to an individual, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of any of his fingers;

"ID 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 (5);

"modification" includes omission, addition or alteration, and cognate expressions are to be construed accordingly;

"place of residence" and "resides" are to be construed subject to any regulations under subsection (10);

"prescribed" means prescribed by regulations made by the Secretary of State or determined in accordance with such regulations by the prescribed person;

"public authority" has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42);

"public service" is to be construed in accordance with subsection (2);

"the Register" means the National Identity Register established and maintained under section 1;

"registrable fact" has the meaning given by section 1(5);

"serious crime" means crime that is serious crime within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act);

"statutory purposes" means the purposes specified in section 1(3);

"subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30).

(2) References in this Act to the provision of a public service are references to—

(a) the provision of any service to an individual by a public authority;

(b) the exercise or performance in relation to an individual of any power or duty of a Minister of the Crown, the Treasury or a Northern Ireland department;

(c) the doing by any other person of anything in relation to an individual which that other person is authorised or required to do for purposes connected with the carrying out of any function conferred by or under an enactment;

(d) the provision of any service to an individual under arrangements made (directly or indirectly) between the person providing the service and a public authority who, for purposes connected with the carrying out of a function so conferred on that authority, bears the whole or a part of the expense of providing the service to that individual; or

(e) treating an individual as having complied with a requirement imposed on him by or under any enactment.

(3) References in this Act to an application for the provision of a public service include references to any claim, request or requirement for the provision of the service.

(4) 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).

(5) 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).

(6) References in this Act to a designated document being issued together with an ID card include references to the ID card and the designated document being comprised in the same card.

(7) References in this Act to providing a person with information recorded in an individual’s entry in the Register include references to confirming or otherwise disclosing to him—

(a) that the information is recorded in that entry; or

(b) that particular information is not recorded in that entry.

(8) References in this Act to information recorded in an individual’s entry in the Register include references to a password or code generated by a method so recorded.

(9) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (which defines detection) applies for the purposes of this Act as it applies for the purposes of the provisions of that Act that are not in Chapter 1 of Part 1 of that Act.

(10) 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.

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EXPLANATORY NOTES

Clause 43: General interpretation

217. This clause provides for interpretation of defined terms in the Bill. This includes the definition of biometric data in relation to an individual as meaning data about his external characteristics including in particular the features of an iris or other part of the eye.

218. Subsection (2) defines what is meant by the provision of a public service. This is broadly defined and is not restricted to what might be commonly understood as "public services" such as the NHS and could include the granting of a firearms certificate or the requirement to notify changes of address imposed on certain sex offenders.

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

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 43, page 35, line 40, at end insert—

'"consent", in relation to a particular individual, shall mean any freely given specific and informed indication of that individual's wishes by which he signifies his agreement to the use of his ID card or the access to, or provision of, information contained in his entry in the Register;'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 43, page 36, line 16, at end insert—

'"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 43, page 36, line 20, at end insert—

'"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29);'.

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Amendments up to and including Friday 14th January 2005 page 6

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 43, page 36, line 32, after first 'crime', insert '(other than in section 1(4A))'.