Identity Cards Bill (2004)

(1) An application by an individual to be entered in the Register may be made either—

(a) by being included in the prescribed manner in an application for a designated document; or

(b) by being submitted in the prescribed manner directly to the Secretary of State.

(2) Where an application to be issued with a designated document is made by an individual, the application must do one of the following—

(a) include an application by that individual to be entered in the Register;

(b) state that the individual is already entered in the Register and confirm the contents of his entry;

(c) state that the individual is entered in the Register and confirm the contents of his entry subject to the changes notified in the application.

(3) Where an individual makes—

(a) an application to be entered in the Register, or

(b) an application which for the purposes of this Act confirms (with or without changes) the contents of his entry in the Register, the application must be accompanied by the prescribed information.

(4) Where an individual has made an application falling within subsection (3)(a) or (b), the Secretary of State may require him to do such one or more of the things specified in subsection (5) as the Secretary of State thinks fit for the purpose of—

(a) verifying information that may be entered in the Register about that individual in consequence of that application; or

(b) otherwise ensuring that there is a complete, up-to-date and accurate entry about that individual in the Register.

(5) The things that an individual may be required to do under subsection (4) are—

(a) to attend at a specified place and time;

(b) to allow his fingerprints, and other biometric information about himself, to be taken and recorded;

(c) to allow himself to be photographed;

(d) otherwise to provide such information as may be required by the Secretary of State.

(6) Regulations under this section must not require an individual to provide information to another person unless it is information required by the Secretary of State for the statutory purposes.

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EXPLANATORY NOTES

Clause 5: Applications relating to entries in Register

35. Clause 5 sets out how an application for entry to the Register should be made.

36. Subsection (1) provides that an application can be made by being included in an application for a designated document or by being submitted directly to the Secretary of State.

37. Under subsection (2), if an application for a designated document is submitted, then the application must also include one of the following:

• an application to be entered in the Register;

• confirmation that the individual is already registered and confirming his entry;

• confirmation that the individual is already registered and notifying changes to his entry.

References to confirming an entry relate only to the information in paragraphs 1 to 5 of Schedule 1 or information voluntarily added (clause 43(4)).

38. For example if, as is intended, passports were designated documents, an individual in applying for a passport must at the same time include an application to be entered in the Register if he is not already entered in the Register or else confirm his entry. In practice, information on the designated document application form is likely to include all the information needed to create an entry on the Register or to verify an existing entry.

39. Subsection (3) provides that an application for registration or confirmation of entry should be accompanied by such information as may be prescribed by the Secretary of State. The information required may vary for different categories of person. For example, third country nationals may be required to provide information regarding their immigration status.

40. Under subsection (4) the Secretary of State may make further requirements of applicants in order to verify information to be entered on the Register and keep that information up to date, for example, in cases of doubt or suspected fraud.

41. Subsection (5) expands on what an individual applying to be entered in the Register or confirming his entry in the Register may be required to do under subsection (4). This includes attending in person at a specified place and time, agreeing to be photographed, allowing biometric information to be recorded and providing any other information that may be required by the Secretary of State. The meaning of "biometric information" and "fingerprint" is the same as that provided in clause 43(1).

42. Subsection (6) ensures that information may not be required by regulations under this clause unless it is for the statutory purposes of the scheme as set out in clause 1(3) and consistent with the recording of the registrable facts. This is to ensure that there is no expansion in the scope of information that must be provided by individuals without new primary legislation.

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Amendments up to and including Friday 14th January 2005 page 2

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Mr Richard Allan Mr Alistair Carmichael

*Clause 5, page 4, line 35, leave out 'must' and insert 'may, if the applicant so chooses,'.

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Mr Richard Allan
Mr Alistair Carmichael

Clause 5, page 5, line 12, leave out paragraph (b).

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Mr Richard Allan
Mr Alistair Carmichael

Clause 5, page 5, line 12, leave out ', and other biometric information about himself'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Mr Richard Allan
Mr Alistair Carmichael

Clause 5, page 5, line 15, after 'may', insert 'reasonably'.

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Mr Richard Allan
Mr Alistair Carmichael

Clause 5, page 5, line 19, at end add—
'(7) The Secretary of State shall make provision for local facilities to satisfy the attendance requirements of subsection (5)(a).

(8) The Secretary of State shall make provision for home visits to people unfit to travel to satisfy the requirements of subsection (5)(a).'.