Identity Cards Bill (2004)

(1) The use in or as regards Scotland of the Register or of a card issued in accordance with this Act is authorised, and is capable of being authorised, only—

(a) in relation to a matter, or for purposes, outside the legislative competence of the Scottish Parliament; or

(b) in accordance with an Act of that Parliament.

(2) Regulations under section 15 may not allow or require the imposition of a condition in or as regards Scotland on the provision of a public service except where the provision of that service is outside the legislative competence of the Scottish Parliament.

(3) Nothing in this section restricts—

(a) the effect of any provision of this Act authorising information recorded in the Register to be provided to a person;

(b) any power under this Act to make provision authorising such information to be provided to a person; or

(c) any power under this Act to make provision (including provision about the use of ID cards) for purposes connected with the authorisation by virtue of this Act of the provision of such information to a person.

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EXPLANATORY NOTES

Clause 44: Scotland

219. Subsection (1) provides that the use in relation to Scotland of the Register or an ID card is authorised only in matters which are reserved or which are in accordance with an Act of the Scottish Parliament.

220. Subsection (2) ensures that regulations may not be made under clause 15 which allow or require the imposition of a condition on the provision of a public service in Scotland except where it is in relation to a reserved function. Separate legislation by the Scottish Parliament would be required if, for example, it were proposed in the future to require an ID card to be produced as a condition of accessing a devolved public service in Scotland.

221. Subsection (3) provides that nothing in this clause restricts any of the provisions of this Act authorising information from the Register to be provided. For example, provision of information to the police in Scotland under clause 19 or for verification with consent under clause 14. This clause also does not restrict the powers under this Act to make other provision authorising such information to be provided to a person in Scotland (for example, regulations may be made under clause 22(1) to permit information to be provided to the Registrar General of Births, Deaths and Marriages for Scotland).