Identity Cards Bill (2004)

(1) The Secretary of State may by order impose an obligation on individuals of a description specified in the order to be entered in the Register.

(2) An order under this section may impose an obligation on individuals required to be entered in the Register to apply in accordance with section 5 to be so entered.

(3) An order which imposes an obligation to make such an application must set out

(a) the time when the requirement to make the application arises; and

(b) the period after that time within which the application must be made.

(4) An individual who

(a) contravenes an obligation imposed on him by provision made under subsections (2) and (3), or

(b) contravenes a requirement imposed on him under section 5(4) in
connection with an application made in pursuance of such an obligation, shall be liable to a civil penalty not exceeding £2,500.

(5) An individual required to be entered in the Register by virtue of this section who contravenes a requirement imposed under section 5(4) otherwise than in connection with such an application shall be liable to a civil penalty not exceeding £1,000.

(6) An individual who has contravened an obligation imposed on him by provision made under subsections (2) and (3) and on whom a penalty has been imposed under subsection (4) in respect of that contravention shall be liable to a further civil penalty not exceeding £2,500 in respect of each subsequent occasion on which

(a) a notice is given to him by the Secretary of State requiring him to make an application to be entered in the Register; and

(b) he fails to do so within the period specified in the notice.

---

EXPLANATORY NOTES

Clause 6: Power of Secretary of State to require registration

43. This clause provides a power to require an individual to apply to register. The identity cards scheme will be introduced in two stages. Initially it will not be compulsory to register although in applying for a designated document from the time that that document is designated, it will be mandatory to register or confirm an entry already made (see clause 5) in order to obtain the designated document. If the Government were to consider that the conditions were right, it would use powers in this clause to make registration compulsory, whether or not a person applies for a designated document. See Cm 6020, Identity Cards: the next steps which sets out in more detail the issues which the Government would want to consider before moving to compulsion.

44. Immigration Rules may already include a requirement for foreign nationals to obtain a document, such as a residence permit. If the Government were to designate such a document under clause 4 then it would also become a requirement for such individuals to make an application for registration in line with the Identity Cards Act. However, it would also be possible for an order under clause 6 to make it a requirement for foreign nationals of a description specified in the order to register and to be issued with an ID card in the form of a designated residence permit. If an order was not made under clause 6 and instead the Government relied on a change to the Immigration Rules, then it would not be possible to require production of an ID card under clause 15 and the prohibition on the requirement to use an ID card in clause 18 would remain.

45. Subsection (1) provides a power for the Secretary of State to make registration compulsory. This power would apply regardless of whether a person applies for a designated document (for which an application to register or be registered is a requirement as soon as the document is so designated). However, this power does not extend to requiring people to produce ID cards for required identity checks for the provision of public services (see clause 15). This subsection provides the facility to phase in the compulsory registration, for example, so that different categories of persons are required to register by different dates. It may be, for instance, that people over a certain age may initially or permanently be excluded from the requirement to register. It might also be compulsory, for example, for a third country national to register before such time as the scheme becomes compulsory for European Economic Area or UK nationals.

46. Subsection (2) ensures that in making registration compulsory, the order to do so may include an obligation on individuals to apply for registration in accordance with clause 5. The order will also set a future date by which people included in the order should have made an application (subsection (3)).

47. Subsection (4) provides that the maximum civil penalty for failure to register when required to do so or for contravening a requirement under clause 5(4) (i.e. not providing the further information required by the Secretary of State) in connection with an obligation under clause 6 would be a civil penalty of up to £2,500.

48. Subsection (5) provides that a person who contravenes a requirement imposed under clause 5(4) other than in connection with an application required under clause 6, is liable to a civil penalty of up to £1,000. This penalty is for those people who are required to and do register but then fail to provide the information required by the Secretary of State to ensure the entry is complete and accurate and is therefore distinct from the offence in subsection (4).

49. Where an individual fails to satisfy his obligation under subsections (2) and (3), he is liable for a further civil penalty not exceeding £2,500 in respect of each time the Secretary of State gives him notice requiring him to make an application and he fails to do so before the set deadline.

---

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

---

John Robertson

*Clause 6, page 5, line 29, at end insert—

'(c) the assistance available with transportation arrangements and costs to vulnerable or disabled individuals required to make an application.'.

---

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 6, page 5, line 30, at end insert 'without reasonable excuse'.

---

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

Clause 6, page 5, line 36, leave out 'civil'.

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 6, page 5, line 36, leave out '£2,500' and insert '£1,000'.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 6, page 5, line 36, leave out '£2500' and insert '£50'.

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 6, page 5, line 40, leave out '£1,000' and insert '£500'.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 6, page 5, line 40, leave out '£1000' and insert '£50'.

---

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 6, page 5, line 41, leave out subsection (6).

---

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

Clause 6, page 5, line 44, leave out 'civil'.

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 6, page 5, line 44, leave out '£2,500' and insert '£1,000'.

---

Amendments up to and including Friday 14th January 2005 page 3

---

Mr Richard Allan Mr Alistair Carmichael

Clause 6, page 5, line 44, leave out '£2,500' and insert '£50'.

---

Mr Richard Allan
Mr Alistair Carmichael

*Clause 6, page 6, line 3, at end add—
'(7) Unreasonable failure to comply with a request of the Secretary of State under this section shall be a summary offence to be heard before a magistrates' court with an appeal against a finding of guilt to the Crown Court.'.

---

Mr Richard Allan Mr Alistair Carmichael

Page 5, line 20, leave out Clause 6.