Identity Cards Bill (2004): December 2004 Archives

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December 06, 2004

Identity Cards Bill - contents

Identity Cards Bill

Contents

Registration

1 The National Identity Register
2 Individuals entered in Register
3 Information recorded in Register
4 Designation of documents for purposes of registration etc.
5 Applications relating to entries in Register
6 Power of Secretary of State to require registration
7 Procedure for orders under s. 6

ID cards

8 Issue etc. of ID cards
9 Renewal of ID cards for those compulsorily registered
10 Functions of persons issuing designated documents

Maintaining accuracy of Register etc.

11 Power to require information for validating Register
12 Notification of changes affecting accuracy of Register
13 Invalidity and surrender of ID cards

Provision of information from Register for verification purposes etc.

14 Use of information for verification or otherwise with consent

Required identity checks

15 Power to make public services conditional on identity checks
16 Procedure for regulations under s. 15
17 Power to provide for checks on the Register
18 Prohibition on requirements to produce identity cards

Other allowed uses of registered information

19 Use for purposes of public authorities etc.
20 Further uses connected with the prevention and detection of crime
21 Use for correcting inaccurate or incomplete information
22 Power to authorise other uses of information
23 Rules for using information without individual’s consent

Supervision of operation of Act

24 Appointment of National Identity Scheme Commissioner
25 Reports by Commissioner
26 Jurisdiction of Intelligence Services Commissioner and Tribunal

Offences

27 Possession of false identity documents etc.
28 Identity documents for the purposes of s. 27
29 Unauthorised disclosure of information
30 Providing false information
31 Tampering with the Register etc.
32 Amendments relating to offences

Civil penalties

33 Imposition of civil penalties
34 Objection to penalty
35 Appeals against penalties
36 Code of practice on penalties

Fees and charges

37 Fees in respect of functions carried out under Act
38 Amendment of Consular Fees Act 1980

Provisions relating to passports

39 Verifying information provided with passport applications etc.
40 Amendments of legislation relating to passports

Supplemental

41 Orders and regulations
42 Expenses of Secretary of State
43 General interpretation
44 Scotland
45 Short title, repeals, commencement, transitory provision and extent

Schedule 1 —
Information that may be recorded in Register

Schedule 2 —
Repeals

EXPLANATORY NOTES
INTRODUCTION

1. These explanatory notes relate to the Identity Cards Bill as introduced in the House of Commons on 29 November 2004. They have been prepared by the Home Office in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. Where a clause or part of a clause does not seem to require any explanation or comment, none is given.

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1 The National Identity Register

Registration

1 The National Identity Register

(1) It shall be the duty of the Secretary of State to establish and maintain a register of individuals (to be known as “the National Identity Register”).

(2) The purposes for which the Register is to be established and maintained are confined to the statutory purposes.

(3) The statutory purposes are to facilitate, by the maintenance of a record of registrable facts about individuals in the United Kingdom—

(a) the provision of a convenient method for such individuals to prove registrable facts about themselves to others; and

(b) the provision of a secure and reliable method for registrable facts about such individuals to be ascertained or verified wherever that is necessary in the public interest.

(4) For the purposes of subsection (3)(b) something is necessary in the public interest if, and only if, it is—

(a) in the interests of national security;

(b) for the purposes of the prevention or detection of crime;

(c) for the purposes of the enforcement of immigration controls;

(d) for the purposes of the enforcement of prohibitions on unauthorised working or employment; or

(e) for the purpose of securing the efficient and effective provision of public services.

(5) In this Act “registrable fact”, in relation to an individual, means—

(a) his identity;

(b) where he resides in the United Kingdom;

(c) where he has previously resided in the United Kingdom and elsewhere;

(d) the times at which he was resident at different places in the United Kingdom or elsewhere;

(e) his current residential status;

(f) residential statuses previously held by him;

(g) information about numbers allocated to him for identification purposes and about the documents to which they relate;

(h) information about occasions on which information recorded about him in the Register has been provided to any person; and

(i) information recorded in the Register at his request.

(6) In this section references to an individual’s identity are references to—

(a) his full name;

(b) other names by which he is or has previously been known;

(c) his date and place of birth and, if he has died, the date of his death; and

(d) physical characteristics of his that are capable of being used for identifying him.

(7) In this section “residential status”, in relation to an individual, means—

(a) his nationality;

(b) his entitlement to remain in the United Kingdom; and

(c) where that entitlement derives from a grant of leave to enter or remain in the United Kingdom, the terms and conditions of that leave.

EXPLANATORY NOTES

Registration

Clause 1: The National Identity Register

14. This clause establishes the National Identity Register for the identity cards scheme and sets out the purposes of the Register.

15. Subsection (2) provides that the Register is only for specified purposes, the "statutory purposes". These specified purposes are set out in subsection (3) as the:

(i)Provision of a convenient method for individuals to prove their identity;

(ii)Provision of a secure means of identifying individuals where that is in the public interest.

16. Subsection (4) sets out what is meant by public interest as:

National security;
Prevention and detection of crime;
Enforcement of immigration controls;
Enforcements on prohibitions on unauthorised working or employment; and
Efficient and effective provision of public services.

17. National security as well as the prevention and detection of crime includes action to prevent terrorism. Crime also includes "identity fraud and theft".

18. Subsections (5) to (7) give further explanation of what is meant by personal information that may be held, the "registrable facts". This, in particular, includes name, date and place of birth, nationality, immigration status, address, physical characteristics of a person that are capable of being used for identification purposes (e.g. biometric information), information included at a person's request; and historical records of this personal information. These registrable facts may only be amended by further primary legislation and thereby limit the scope of the information that may be held by the scheme.

19. Biometric information is defined in clause 43(1) in relation to an individual as data about his external characteristics. Examples include iris patterns and fingerprints. This biometric information may be recorded in the Register by virtue of the definition of registrable facts, clause 3 and Schedule 1.

Amendments tabled by Friday 14th January 2005

Mr Richard Allan Mr Alistair Carmichael

*Clause 1, page 1, line 4, leave out from 'individuals' to end of line and insert 'to whom passports are issued (to be known as "the National Passport Register").'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 1, page 1, line 6, leave out 'purpose' and insert 'purposes'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 1, page 1, line 7, leave out from 'statutory' to end of line 4 on page 2 and insert 'purpose is to facilitate, by the maintenance of a record of registrable facts about individuals in the United Kingdom to whom passports are issued, a secure and reliable method for registrable facts to be verified for the purposes of issuing passports.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 1, line 10, after 'others', insert 'who reasonably require proof'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 1, page 1, line 14, leave out subsection (4).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 1, line 16, leave out from beginning to end of line 4 on page 2 and insert—

'(a) of assistance to the Secretary of State in preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security;

(b) of assistance to the Secretary of State in preventing or detecting serious crime;

(d) for the purpose of securing proper provision of relevant public services.

(4A) For the purposes of subsection (4)—

"relevant public services" means the public provision of—

(a) healthcare,

(b) housing,

(d) social benefits;

"serious crime" means crime giving rise to an offence triable only on indictment.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 1, line 17, leave out 'prevention or'.

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

Clause 1, page 1, line 17, after second 'of', insert 'serious'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 1, page 2, line 3, leave out from first 'of' to end of line 4 and insert 'establishing entitlement to a particular public service'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 1, page 2, line 6, at end insert ' and

(b) an address at which he can be contacted.'.

Mr Richard Allan Mr Alistair Carmichael

Clause 1, page 2, line 7, leave out paragraphs (b) to (i).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 2, line 8, leave out 'and elsewhere'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 2, line 10, leave out paragraph (d).

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

Clause 1, page 2, line 13, leave out paragraph (f).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 2, line 14, leave out paragraph (g).

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

Clause 1, page 2, line 14, after 'numbers', insert 'recordable under paragraph 4(1) of Schedule 1'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 2, line 18, at end insert—

'but "registrable facts" shall not include criminal convictions or cautions or medical records.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 1, page 2, line 22, leave out from 'birth' to third 'and'.

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2 Individuals entered in Register

(1) An entry must be made in the Register for every individual who—

(a) is entitled to be entered in it; and

(b) applies to be entered in it.

(2) The individuals entitled to be entered in the Register are—

(a) every individual who has attained the age of 16 and, without being excluded under subsection (3) from an entitlement to be registered, is residing at a place in the United Kingdom; and

(b) every individual of a prescribed description who has resided in the United Kingdom or who is proposing to enter the United Kingdom.

(3) Regulations made by the Secretary of State may provide that an individual residing in the United Kingdom is excluded from an entitlement to be registered if—

(a) he is residing in the United Kingdom in exercise of an entitlement to remain there that will end less than the prescribed period after it was acquired;

(b) he is an individual of a prescribed description who has not yet been resident in the United Kingdom for the prescribed period; or

(c) he is residing in the United Kingdom despite having no entitlement to remain there.

(4) An entry for an individual may be made in the Register (whether or not he has applied to be, or is entitled to be, entered in it) if information capable of being recorded in an entry for him is otherwise available to be recorded.

(5) The Secretary of State—

(a) may at any time modify the Register for the purpose of correcting information recorded in it that he is satisfied is inaccurate or incomplete; but

(b) is not, by virtue of any provision of this Act, to be under a duty to correct such information unless, in a case where he is so satisfied, he considers that it is appropriate to do so.

(6) An entry in the Register consisting of all the information recorded about an individual must be given a unique number, to be known as his National Identity Registration Number; and that number must comply with the prescribed requirements.

(7) The Secretary of State may by order modify the age for the time being specified in subsection (2)(a).

EXPLANATORY NOTES

Clause 2: Individuals entered in Register

20. This clause sets out who may be entered on to the Register and the Secretary of State's duty to make arrangements to enable these entries to be made.

21. Subsection (2) sets out the individuals who are entitled to be entered on the Register. These include individuals who have attained the age of 16 and are residing in the UK. They also include individuals of a description prescribed in regulations made by the Secretary of State who have resided in the UK, or who are proposing to enter the UK. This is to allow flexibility since whilst the ID card will be for all UK residents, it may be in the future that we would want through regulations to allow for example, British citizens resident overseas to register before returning to live in the UK.

22. Subsection (3) gives the Secretary of State power, by regulations, to exclude individuals from the entitlement to be entered on the Register if they do not meet prescribed requirements in relation to time of residence in the UK or if they are residing despite having no entitlement to remain (for example, individuals who are seeking asylum in the UK). The age of 16 mentioned previously may be varied by secondary legislation as provided for in subsection (7).

23. In general, an entry on the Register must be made if an application is made and the person is entitled to be entered (subsection (1)).

24. Subsection (4) provides that in some circumstances, a person who has not applied or is not entitled may be entered into the Register. For example, this power would allow the entry on to the Register of a failed asylum seeker who had not applied for an ID card but whose information including biometric data was available. This means that if he applies to stay in the UK again using a different identity, his previous status as a failed asylum seeker will have been recorded. This subsection does not constitute a power to obtain the biometric data of a person in the first place.

25. Subsection (5) allows the information held on the Register to be corrected.

26. Subsection (6) provides for every person registered on the National Register to be assigned a unique number, the National Identity Registration Number to be attached to the information recorded about an individual. The format of the National Identity Registration Number is to be specified in regulations. Other personal reference numbers may be recorded on the Register as provided for in Schedule 1, paragraph 4.

Amendments tabled by Friday 14th January 2005

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 2, page 2, line 35, leave out '16' and insert '18'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 2, page 2, line 44, leave out 'the prescribed period' and insert 'a period of 31 days'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 2, page 2, line 45, at end insert 'or'.

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

Clause 2, page 3, line 2, leave out from 'period' to end of line 4.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 2, page 3, line 2, leave out 'or'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 2, page 3, line 4, at end insert 'or

(d) he is a citizen of a European Union Member State with an approved identity document issued by that State.'.

Mr Richard Allan Mr Alistair Carmichael

Clause 2, page 3, line 5, leave out subsection (4).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 2, page 3, line 7, at end insert—
'(4A) Details of any entry made in the Register must be provided to the person in respect of whom the entry is made.'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 2, page 3, line 11, after 'incomplete', insert 'and

(aa) shall, in such circumstances, notify in writing the individual concerned of his intention to correct the information recorded and allow the individual to make representations accordingly before making such correction;'.

Mr Richard Allan Mr Alistair Carmichael

Clause 2, page 3, line 12, leave out from 'is' to 'under'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 2, page 3, line 13, leave out from 'information' to end of line 14.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 2, page 3, line 14, at end insert 'save where requested to do so by the individual concerned.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 2, page 3, line 14, at end insert—
'(5A) The Secretary of State must notify the person in respect of whom an entry is modified in the exercise of powers under subsection (5) of the details of that modification.'.

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

Clause 2, page 3, line 19, leave out subsection (7).

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

Clause 2, page 3, line 20, at end add—
'(8) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(9) No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless—

(a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

(b) the report sets out the Secretary of State's reasons for making the proposal;

(c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

(d) the draft order gives effect to the proposal so far as approved by both Houses.'.

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3 Information recorded in Register

(1) The only information that may be recorded in the Register is—

(a) information the inclusion of which in an individual’s entry is authorised by Schedule 1;

(b) information of a technical nature for use in connection with the administration of the Register;

(c) information of a technical nature for use in connection with the administration of arrangements made for purposes connected with the issue or cancellation of ID cards; and

(d) information recorded in the Register in accordance with subsection (2).

(2) Information about an individual must be recorded in his entry in the Register (whether or not it is authorised by Schedule 1) if—

(a) he has made an application to the Secretary of State requesting the recording of the information as part of his entry;

(b) the information is of a description identified in regulations made by the Secretary of State as a description of information that may be made the subject of such a request; and

(c) the Secretary of State considers that it is both practicable and appropriate for it to be recorded in accordance with the applicant’s request.

(3) Where—

(a) the Secretary of State and an individual have agreed on what is to be recorded about a matter in that individual’s entry in the Register, and

(b) the Secretary of State has given, and not withdrawn, a direction that what is to be recorded in that individual’s case about that matter is to be determined by the agreement, there is to be a conclusive presumption for the purposes of this Act that the information to which the direction relates is accurate and complete information about that matter.

(4) Information, once entered in the Register, may continue to be recorded in the Register for so long as it is consistent with the statutory purposes for it to be so recorded.

(5) The Secretary of State may by order modify the information for the time being set out in Schedule 1.

(6) The Secretary of State may make an order under this section adding information to the information that may be recorded in the Register only if he considers that it would be consistent with the statutory purposes for the additional information to be so recorded.

(7) The Secretary of State must not make an order containing (with or without other provision) any provision for adding information to the information that may be recorded in the Register unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

Clause 3: Information Recorded in Register

27. Clause 3 sets out the information that may be recorded in the Register.

28. Subsection (1) provides that information may be recorded only if it is included in Schedule 1, if it is otherwise necessary for the administration of the scheme, or if it is provided for in subsection (2).

29. Schedule 1 may be amended by secondary legislation following a resolution in both Houses of Parliament (subsections (5)-(7)) to add to the list of information that may be recorded on the Register. However, any additional information must be consistent with the statutory purposes of the Register. So, for example, this power to amend Schedule 1 could not be used to include criminal records in that Schedule without further primary legislation as recording previous criminal convictions is not covered by the definition of registrable facts and so not consistent with the statutory purposes of the Register in clause 1(3).

30. Subsection (2) enables other information to be recorded if:

an individual has asked for it to be included;
regulations include it as information that may be subject to such a request; and
the Secretary of State agrees.

For example, an individual may ask for emergency contact details to be included on the Register.

31. Subsection (3) enables the Secretary of State to agree with a person being registered what facts should be registered where there is some doubt as to what the true facts are, for example, place or date of birth. It could also be used where a new identity needs to be established, for example, for those in a witness protection programme. It would prevent the false documents offences in clause 27 from applying.

32. Subsection (4) allows information to be kept for as long as it is consistent with the statutory purposes for it to be so kept. This will make verification of individuals easier by ensuring an audit trail of changes is made, so a person changing information held on the Register to avoid detection by law enforcement agencies would be identified. This would also enable the Register to retain information of individuals who had died or left the country and thereby prevent fraudulent use of these identities.

Amendments tabled by Friday 14th January 2005

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 25, leave out paragraph (b).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 27, leave out paragraph (c).

Amendments tabled by Friday 14th January 2005 (page 2)

Mr Richard Allan Mr Alistair Carmichael

Clause 3, page 3, line 30, leave out paragraph (d).

Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 3, line 31, leave out subsection (2).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 38, leave out 'both practicable and appropriate' and insert 'reasonable'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 3, line 41, leave out subsection (3).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 4, leave out subsection (4) and insert—
'(4) Information which is not personal data, once entered in the Register, may continue to be recorded in the Register for so long as it is necessary for the statutory purposes for it to be so recorded.'.

Mr Richard Allan Mr Alistair Carmichael

Clause 3, page 4, line 7, leave out subsection (5).

Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 4, line 9, leave out subsection (6).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 11, leave out 'consistent with' and insert 'necessary for'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 4, line 13, leave out subsection (7).

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

Clause 3, page 4, line 14, leave out from second 'provision' to 'unless' in line 15 and insert 'that the Secretary of State is authorised to make by this section'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 4, line 16, at end add—
'(8) The Secretary of State must not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 16, at end add—
'(8) Particulars relating to disclosure of information about an individual from the Register which falls within paragraph 9 of Schedule 1 must be retained in that individual's entry in the Register if that disclosure did not have the consent of that individual.

(9) In the case of particulars which are contained in personal data as a result of the requirement specified in subsection (8), the Information Commissioner shall, following consultation with relevant persons including the Commissioner established under this Act, publish criteria which specify the circumstances when such particulars can be removed from the Register.'.

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

Clause 3, page 4, line 16, at end add—
'(8) No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless—

(a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

(b) the report sets out the Secretary of State's reasons for making the proposal;

(c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

(d) the draft order gives effect to the proposal so far as approved by both Houses

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4 Designation of documents for purposes of registration etc.

(1) The Secretary of State may by order designate a description of documents for the purposes of this Act.

(2) The only documents that may be the subject of an order designating a description of documents for the purposes of this Act are—

(a) documents that a person has a power or duty to issue by virtue of provision made by or under an enactment; or

(b) documents which a Minister of the Crown or Northern Ireland department is authorised or required to issue otherwise than by virtue
of provision so made.

EXPLANATORY NOTES

Clause 4: Designation of documents for purposes of registration etc.

33. Clause 4 provides for the Secretary of State to have the power by order to designate documents for the purposes of the Bill, for example, passports. These documents are referred to in the Bill as "designated documents". Persons responsible for issuing designated documents are referred to in the Bill as "designated documents authorities". If a document is designated, anyone applying for one will also need to apply for an ID card unless he already holds one (see clause 5(2)). Under that clause, application procedures for designated documents must include the information necessary for the identity cards scheme.

34. Subsection (2) provides that the Secretary of State may only designate documents which are issued under a statutory power, by a Minister or a Northern Ireland department, for example passports or residence permits.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 4, page 4, line 26, at end add—
'(3) The Secretary of State must not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.'.

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5 Applications relating to entries in Register

(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.

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.

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

Mr Richard Allan Mr Alistair Carmichael

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

Mr Richard Allan
Mr Alistair Carmichael

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

Mr Richard Allan
Mr Alistair Carmichael

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

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'.

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).'.

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December 07, 2004

6 Power of Secretary of State to require registration

(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.

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7 Procedure for orders under s. 6

(1) The Secretary of State must not make an order containing (with or without other provision) any provision for compulsory registration unless

(a) a draft of the order has been laid before Parliament and approved by a resolution of each House; and

(b) each of the resolutions for approving the draft was agreed more than 60 days after the day on which the draft was laid before the House in question.

(2) No draft order containing provision for compulsory registration is to be laid before Parliament unless

(a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

(b) the report sets out the Secretary of State’s reasons for making the proposal;

(c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

(d) the draft order gives effect to the proposal so far as approved by both Houses.

(3) An approval given in either House satisfies the requirements of subsection (2)(c) only if it was given in that House on the first occasion on which a motion for the approval of the proposal was made in that House by a Minister of the Crown after

(a) the laying of the report; or

(b) if more than one report containing that proposal has been laid before that House, the laying of the one laid most recently.

(4) The Secretary of State must not make an order which

(a) contains (with or without other provision) any provision that he is authorised to make by section 6, but

(b) is not an order containing provision for compulsory registration, unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5) In reckoning a period of 60 days for the purposes of subsection (1), no account shall be taken of a day for which

(a) Parliament is dissolved or prorogued; or

(b) the House in question is adjourned as part of an adjournment of more than four days.

(6) References in this section to provision for compulsory registration are references to any provision that the Secretary of State is authorised to make by section 6 the effect of which is to impose an obligation on individuals to be entered in the Register from a time when they would not otherwise be subject to such an obligation.

EXPLANATORY NOTES

Clause 7: Procedures for orders under s. 6

50. This clause sets out the procedures for the so called "super-affirmative" process which would apply to compulsory registration. This means that if the Government decides that it wishes to make registration compulsory, whether or not a person applies for a designated document, it must proceed in the following stages:

The Government must publish in a report its reasons for wanting to make registration compulsory, including a proposal for how compulsion will operate, for example the particular categories of individual to whom the requirement would apply and the timetable for its implementation (subsection (2)(a) and (b));
Both Houses of Parliament must debate and vote on the proposal and they may modify the proposal (subsection (2)(c));
The Government would lay a draft order consistent with the proposal approved by both Houses;
The draft order so laid would then need to be approved by both Houses (subsection (1) and subsection (2)(d)).

51. If either House did not approve the proposal or the Government was not content with the proposal as modified by either House, it must start the process again with a fresh report and proposal if it decides to make the case again for a move to compulsion (subsection (3));

52. Subsection (4) provides that if the Government wishes to make changes to the compulsion provision which do not have the effect of "increasing" the degree of compulsion, for example, lowering the age beyond which it would not be compulsory to register, it does not need to go through the "super-affirmative" process but may do so through an order subject to the affirmative resolution procedure.

53. Subsection (5) sets out how the calculation should be made of the 60 days required between the laying and approving of the draft order mentioned above.

54. Subsection (6) defines the term compulsory registration.

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

Mr Richard Allan Mr Alistair Carmichael

*Clause 7, page 6, leave out lines 7 to 45 and insert 'authorised to do so by further primary legislation which comes into force within six months of his making of any such order.'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 7, page 6, line 45, at end add—
'(7) Orders made under section 6 shall be considered to be primary legislation for the purposes of the Human Rights Act 1998.'.

Mr Richard Allan
Mr Alistair Carmichael

Page 6, line 4, leave out Clause 7.

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8 Issue etc. of ID cards

ID cards

8 Issue etc. of ID cards

(1) For the purposes of this Act an ID card is a card which—

(a) is issued to an individual by the Secretary of State, or as part of or together with a designated document; and

(b) does, as respects that individual, one or both of the things specified in subsection (2).

(2) Those things are—

(a) recording registrable facts about the individual that are already recorded as part of his entry in the Register;

(b) carrying data enabling the card to be used for facilitating the making of applications for information recorded in a prescribed part of the individual’s entry in the Register, or for otherwise facilitating the provision of that information to a person entitled to be provided with it.

(3) An ID card issued to an individual—

(a) must record only the prescribed information;

(b) must record prescribed parts of it in an encrypted form;

(c) is valid only for the prescribed period; and

(d) remains the property of the person issuing it.

(4) Except in prescribed cases, an ID card must be issued to an individual if he—

(a) is entitled to be entered in the Register or, by virtue of section 6, is required to be so entered; and

(b) is an individual about whom the prescribed registrable facts are recorded in the Register.

(5) In prescribed cases an ID card may be issued to an individual who—

(a) is not required to be issued with one; but

(b) is an individual about whom the prescribed registrable facts are recorded in the Register.

(6) An ID card relating to an individual is not to be issued except on an application made by him which either—

(a) accompanies an application made by him to be entered in the Register; or

(b) in the prescribed manner confirms (with or without changes) the contents of an entry already made in the Register for that individual.

(7) An individual who is not already the holder of an ID card must, in the prescribed manner, include an application to be issued with such a card—

(a) in every application made by him to be issued with a designated document; and

(b) in every application made by him in accordance with provision made under section 6.

8) Other applications for the issue of an ID card—

(a) may be made only in the prescribed manner;

(b) may be made to the Secretary of State or, in prescribed cases, to a designated documents authority; and

(c) must be accompanied by the prescribed information; and regulations for the purposes of paragraph (b) may authorise an application to be made to a designated documents authority irrespective of whether an application is made to that authority for the issue of a designated document.

(9) The Secretary of State must not make regulations containing (with or without other provision) any provision for prescribing—

(a) the information to be recorded in or on an ID card, or

(b) the form in which information is to be recorded in or on such a card, unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

ID cards

Clause 8: Issue etc. of ID cards

55. This clause sets out the procedure for issuing ID cards.

56. The identity cards scheme will involve the issuing of an ID card to every person registered as entitled to remain in the United Kingdom for longer than a specified period. The Secretary of State has the power:

To issue ID cards;
To designate documents

(i) such as the passport as documents together with which ID cards would be issued; or

(ii) as ID cards themselves (e.g. if a residence permit issued to a foreign national were designated).

"ID cards" in this Bill is used as the generic name and is defined under this clause

57. Subsections (1) and (2) explain that an ID card is a card which holds personal information as recorded on the National Identity Register and/or data enabling the card to be used for verifying information on the Register, for example, a personal identification number. An ID card may form part of a designated document (e.g. if a residence permit issued to a foreign national were designated). It can be a separate card issued together with a designated document (e.g. if the British passport is designated, a separate ID card would be issued alongside it). Clause 43(6) provides that references to a designated document being issued together with an ID card include references to the two documents being comprised in the same card. It can also be a separate card issued as an ID card (e.g. a standalone ID card issued on its own).

58. Subsection (3) provides for prescribed information to be recorded on an ID card and parts of it to be in an encrypted form. The exact specification and design of ID cards has yet to be determined but when it is these will be set out in regulations. This subsection also provides that the ID card will have a limited validity. Different validity periods may be specified for different categories of person, for example, an elderly person's ID card may remain valid for the rest of his life without the need for renewal, whereas a foreign national's may be linked to the length of authorised stay. Subsection (3)(d) ensures that the card remains the property of the person, or authority, which issues it.

59. Subsection (4) requires that except in prescribed cases ID cards must be issued to individuals who are entitled to be, and whose personal information has been, entered on the Register. However, there are special cases where someone who is not required to be issued with an ID card may be issued with an ID card, providing registrable facts about him have been entered in to the Register (subsection (5)). For example, this may be used for individuals who are not entitled to be entered but who may in special circumstances be entered on the Register e.g. foreign nationals residing in the UK for less than 3 months but whose passport has been surrendered for bail purposes and who therefore need proof of identity.

60. Subsection (6) provides that an ID card will only be issued once an application has been made and sufficient information has been provided for the individual to be entered on the Register or an existing entry is confirmed.

61. Under subsection (7) an application for a designated document must include an application for an ID card in the manner prescribed unless the individual already hold an ID card. Where an application for registration is made in pursuance of a requirement under clause 6 (compulsory registration), the application must also include an application for an ID card in the prescribed manner. In practice, the application form for a designated document will contain the information required to make an application for an ID card rather than requiring two separate application forms to be completed.

62. Subsection (8) ensures that any other application for an ID card must be in the prescribed manner, and should be made to the Secretary of State or in certain circumstances to a designated documents authority and with the prescribed information.

63. In the case of a designated documents authority, an application for an ID card may in certain circumstances be made separately from any application for the designated document. This allows a designated documents authority to issue an ID card that is not part of or issued with a designated document.

64. Regulations specifying the information that may be recorded in or on an ID card or the form in which the information is to be recorded need the agreement of Parliament via affirmative resolution Subsection (9).

65. None of the provisions in this or any other clause places any constraints on the type of organisations which may be involved in the issuing process. For example, private sector organisations may have certain parts of the process contracted out to them, such as actual production of the card.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 8, page 7, line 4, after 'issued', insert 'free of charge'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 8, page 7, line 5, leave out 'and'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 8, page 7, line 7, at end insert 'and

(i) to assist in preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security;

(ii) to assist the Secretary of State in preventing or detecting serious crime;

(iii) the purposes of controlling illegal immigration and enforcing immigration controls;
(iv) the purpose of securing proper provision of the following public services, namely—

(a) healthcare,

(b) housing,

(d) social security benefits.

(1A) In subsection (1)(c)(ii), "serious crime" has the same meaning as in section 1(1A).'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 9, after 'recording', insert 'prescribed'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 11, after 'carrying', insert 'prescribed'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 18, leave out from 'period' to end of line 19.

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 25, leave out subsection (5).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 8, page 7, line 29, leave out subsection (6) and insert—
'(6) An ID card relating to an individual is not to be issued except where—

(a) an application has been made by him to be entered in the Register; or

(b) an application has been made by him which in the prescribed manner confirms (with or without changes) the contents of an entry already made in the Register for that individual.'.

Mr Richard Allan Mr Alistair Carmichael

Clause 8, page 7, line 35, leave out subsection (7).

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9 Renewal of ID cards for those compulsorily registered

(1) This section applies where an individual—

(a) is required, by virtue of section 6, to be entered in the Register; and

(b) is so entered.

(2) If the individual—

(a) holds a valid ID card that is due to expire within the prescribed period,

(b) does not hold a valid ID card,

he must apply for one within the prescribed period.

(3) Where an individual applies for an ID card in pursuance of this section, the Secretary of State may require him to do such one or more of the things specified in subsection (4) as the Secretary of State thinks fit for the purpose of—

(a) verifying information provided for the purposes of the application; or

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

(4) The things that an individual may be required to do under subsection (3) 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.

(5) An individual who contravenes—

(a) a requirement imposed by subsection (2), or

(b) a requirement imposed under subsection (3) shall be liable to a civil penalty not exceeding £1,000.

EXPLANATORY NOTES

Clause 9: Renewal of ID cards for those compulsorily registered

66. This clause provides for the renewal of cards for those individuals who are required by clause 6 of the Bill to be entered into the Register.

67. Subsection (2) makes it a requirement for individuals whose card will expire in the prescribed period or whose card is not valid to apply for an ID card within the prescribed period.

68. Subsection (3) gives the Secretary of State the power to require an individual applying for an ID card under this clause to do certain things so that the Secretary of State can verify the information provided and ensure the accuracy of the Register. Subsection (4) sets out what these requirements might be and includes personal attendance at a specified place and time, the recording of biometric information, being photographed and providing such other information as may be required.

69. An individual who fails to renew or to provide the information requested to verify an application is liable to a civil penalty not exceeding £1,000 (subsection (5)).

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 9, page 8, line 28, after 'allow', insert 'all of'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 9, page 8, line 36, leave out '£1000' and add '£50'.

Mr Richard Allan
Mr Alistair Carmichael

Page 8, line 10, leave out Clause 9.

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10 Functions of persons issuing designated documents

(1) A designated documents authority may issue a designated document to an individual only if—

(a) it is satisfied that the requirements imposed by or under this Act in relation to the application for the issue of that document to that individual have been complied with;

(b) it is satisfied that the Secretary of State has considered and disposed of so much of that application as relates to the making of an entry in the Register or the confirmation (with or without changes) of the contents of such an entry; and

(c) it has ascertained whether the individual already holds a valid ID card.

(2) A designated documents authority which issues a designated document to an individual who does not hold a valid ID card must ensure that the document is issued together with an ID card satisfying the prescribed requirements.

(3) Regulations made by the Secretary of State may impose requirements regulating how designated documents authorities handle—

(a) applications to be entered in the Register that are made to them;
(b) applications to be issued with ID cards that are made to them (whether or not as part of an application for a designated document); and

(c) applications made to them that confirm (with or without changes) the contents of an individual’s entry in the Register

(4) Regulations made by the Secretary of State may also require designated documents authorities to notify the Secretary of State where a designated document that was issued together with an ID card—

(a) is modified, suspended or revoked; or

(b) is required to be surrendered

EXPLANATORY NOTES

Clause 10: Functions of persons issuing designated documents

70. A designated documents authority is defined as an issuer of a designated document. This clause sets out how common standards will be set for all designated documents authorities in carrying out their functions in relation to the Register and ID cards.

71. Subsection (1) requires that a designated document may only be issued if the designated documents authority is satisfied that:

the requirements imposed by or under the legislation in relation to the application for the issue of that document to that individual have been complied with;
the Secretary of State has considered and disposed of so much of the application as relates to the making of an entry on the Register or the confirmation (with or without changes) of the contents of such an entry; and
it has ascertained whether the individual already holds a valid ID card.

72. Subsection (2) requires that, where a designated document is issued to an individual who does not hold a valid ID card, the designated documents authority must ensure that the document is issued with an ID card (as defined in clause 43(6)). This provision ensures that the issue of a designated document is linked to the issue of an ID card only where someone does not already hold a valid ID card.

73. Subsection (3) sets out in more detail the requirements that may be imposed on designated documents authorities, regarding:

how applications made to them for entry on the Register are to be handled;
how applications to be issued with ID cards made to them are to be handled, whether they be stand-alone applications or made with applications for designated documents; and
how applications made to them confirming an individual's entry to the Register are to be handled.

74. Subsection (4) allows the Secretary of State to make regulations requiring those issuing designated documents to notify the Secretary of State where a designated document is modified, suspended or revoked; or required to be surrendered.

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

Mr Richard Allan Mr Alistair Carmichael

Clause 10, page 9, line 4, leave out subsection (2).

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11 Power to require information for validating Register

Maintaining accuracy of Register etc.

11 Power to require information for validating Register

(1) Where it appears to the Secretary of State that a person on whom a requirement may be imposed under this section may have information in his possession which could be used for verifying—

(a) something recorded in the Register about an individual,

(b) something provided to the Secretary of State or a designated documents authority for the purpose of being recorded in an individual’s entry in the Register, or

(c) something otherwise available to the Secretary of State for being recorded about an individual in the Register, the Secretary of State may require that person to provide him with the information.

(2) Where it appears to a designated documents authority that a person on whom a requirement may be imposed under this section may have information in his possession which could be used for verifying—

(a) something that is recorded in the Register about an individual who has applied to the authority for the issue or modification of a designated document or of an ID card, or

(b) something that has been provided to that authority for the purpose of being recorded in the entry of such an individual in the Register, the authority may require that person to provide it with the information.

(3) It shall be the duty of a person who—

(a) is required to provide information under this section, and

(b) has the information in his possession,

to comply with the requirement within whatever period is specified in the requirement.

(4) A requirement may be imposed under this section on any person specified for the purposes of this section in an order made by the Secretary of State.

(5) The persons who may be specified in such an order include—

(a) Ministers of the Crown;

(b) government departments;

(c) a Northern Ireland department;

(d) the National Assembly for Wales;

(e) any other person who carries out functions conferred by or under an enactment that fall to be carried out on behalf of the Crown.

(6) The power of the Secretary of State to make an order specifying a person as a person on whom a requirement may be imposed under this section includes power to provide —

(a) that his duty to provide the information that he is required to provide is owed to the person imposing it; and

(b) that the duty is enforceable in civil proceedings—

(i) for an injunction;

(ii) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(iii) for any other appropriate remedy or relief.

(7) The Secretary of State may, in such cases (if any) as he thinks fit, make payments to a person providing information in accordance with this section in respect of the provision of the information.

(8) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

Maintaining accuracy of Register etc.

Clause 11: Power to require information for validating Register

75. This clause deals with the provisions necessary to permit data to be shared with the Secretary of State and designated documents authorities for the purposes of verifying information to be placed or which is currently placed on the National Identity Register where no such powers already exist. This is specifically about ensuring the accuracy of the Register and it does not confer the power to share data for wider purposes; neither does it allow the Secretary of State or a designated documents authority to request information that is not relevant for the purposes of validating the Register. Under this Bill, Parliament will have to approve each "gateway" via an affirmative order.

76. Subsection (1) places a duty on a person to provide information to the Secretary of State for the purposes of verifying an individual's entry to the Register. Subsection (2) extends this obligation to disclose specified information to the designated document authorities. This obligation is mandatory (subsection (3)) and over-rides other obligations under which the person may hold that information. Subsection (3) also enables the Secretary of State to require the information within a specified timescale.

77. Subsection (4) sets out that the requirement may be imposed on any person specified for the purposes in an order, for example local government or the private sector. Subsection (5) clarifies that this could also include for example, central government organisations and the devolved administrations in Northern Ireland and Wales. The order making provision to require information is subject to the affirmative resolution procedure (subsection (8)).

78. Subsection (6) provides that orders requiring a person to provide information may be enforced via civil court proceedings. In the case of public authorities, normal public law remedies such as judicial review will apply.

79. Subsection (7) enables the Secretary of State to pay those from whom he is requiring information to be provided.

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

Mr Richard Allan Mr Alistair Carmichael

*Clause 11, page 9, line 21, after 'it', insert 'reasonably'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 11, page 9, line 27, leave out from 'Register' to end of line 29.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 11, page 9, line 32, after 'it', insert 'reasonably'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 11, page 9, line 45, at end insert 'where that requirement is, in all the circumstances, reasonable'.

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12 Notification of changes affecting accuracy of Register

(1) An individual to whom an ID card has been issued must notify the Secretary of State about—

(a) every prescribed change of circumstances affecting the information recorded about him in the Register; and

(b) every error in that information of which he is aware.

(2) A notification for the purposes of this section must be given—

(a) in the prescribed manner; and

(b) within the prescribed period after the change of circumstances occurs or he becomes aware of the error.

(3) Where an individual has given a notification for the purposes of this section, the Secretary of State may require him to do such one or more of the things falling within subsection (4) as the Secretary of State thinks fit for the purpose of—

(a) verifying the information that may be entered in the Register about that individual in consequence of the notified change or for the purpose of correcting the error; or

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

(4) The things that an individual may be required to do under subsection (3) 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.

(5) 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.

(6) An individual who contravenes a requirement imposed on him by or under this section shall be liable to a civil penalty not exceeding £1,000.

EXPLANATORY NOTES

Clause 12: Notification of changes affecting accuracy of Register

80. This clause sets out how changes in circumstances should be notified in order to maintain the accuracy of the Register.

81. Subsection (1) places a registered person under a duty to notify the Secretary of State of any change in his circumstances that may be prescribed, for example, change of address or change of name, and to notify the Secretary of State of every error in the information held about him of which he is aware. This will enable the Register to maintain accurate information. The notification procedures are to be set out in regulations (subsection (2)).

82. Further information may be required to verify the information that may be entered as a consequence of the notification or to ensure that the entry is up to date (subsection (3)). This requirement to provide further information may include personal attendance, being photographed, allowing biometric information to be recorded or otherwise providing information. Again "fingerprint" and "biometric information" are defined in clause 43(1). The information that may be required by regulations under this clause may only be required if it is consistent with the statutory purposes (subsection (5)).

83. Subsection (6) provides that the maximum penalty for failure to comply with a requirement under this clause is a civil penalty of £1,000.

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

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

Clause 12, page 10, line 32, at end insert—
'(1A) For the purposes of ensuring that an individual is able to comply with his duty under subsection (1), the Secretary of State must at least once every two years send in a prescribed manner to each individual to whom an ID card has been issued at his prescribed address a copy of the information recorded as at a prescribed date about that individual in the Register.'.

Mr Richard Allan Mr Alistair Carmichael

Clause 12, page 11, line 2, leave out paragraph (b).

Mr Richard Allan
Mr Alistair Carmichael

Clause 12, page 11, line 2, leave out ', and other biometric information about himself,'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 12, page 11, line 10, after 'who', insert 'intentionally'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 12, page 11, line 11, leave out '£1000' and add '£50'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 12, page 11, line 11, 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).'.

Mr Richard Allan Mr Alistair Carmichael

Clause 12, page 11, line 11, at end add—
'(7) The Secretary of State shall make no charge for changes to the Register required by this section.'.

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13 Invalidity and surrender of ID cards

(1) Regulations may require an individual to whom an ID card has been issued to notify the Secretary of State, and such other persons as may be prescribed, if he knows or has reason to suspect that the card has been—

(a) lost;

(b) stolen;

(c) damaged;

(d) tampered with; or

(e) destroyed.

(2) The Secretary of State may cancel an ID card if it appears to him—

(a) that the card was issued in reliance on inaccurate or incomplete information;

(b) that the card has been lost, stolen, damaged, tampered with or destroyed;

(c) that there has been a modification of information recorded in the entry in the Register of the holder of the card;

(d) that another change of circumstances requires a modification of information recorded in or on the card; or

(e) that it is an ID card of a description of cards that the Secretary of State has decided should be re-issued.

(3) A person who is knowingly in possession of an ID card without either—

(a) the lawful authority of the individual to whom it was issued, or

(b) the permission of the Secretary of State,

must surrender the card as soon as it is practicable to do so.

(4) Where it appears to the Secretary of State that a person is in possession of—

(a) an ID card issued to another,

(b) an ID card that has expired or been cancelled or is otherwise invalid,

(c) an ID card that has not yet been cancelled but is of a description of cards that the Secretary of State has decided should be re-issued, or

(d) an ID card that is in that person’s possession in consequence of a contravention of a relevant requirement, the Secretary of State may require that person to surrender the card within such period as he may specify.

(5) Where an ID card has to be surrendered under subsection (3) or (4), it must be surrendered—

(a) to the Secretary of State; or

(b) in the case of a card issued by a designated documents authority, either to the Secretary of State or to that authority.

(6) A person who contravenes a requirement imposed by or under—

(a) any regulations under subsection (1), or

(b) subsection (3) or (4),

is guilty of an offence.

(7) A person guilty of an offence under subsection (6) shall be liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both;

(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both; but, in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (a) to 51 weeks is to be read as a reference to six months.

(8) In this section—

(a) references to a card having been damaged include references to anything in or on it being, or having become, unreadable or otherwise unusable; and

(b) references to a card having been tampered with include references to information in or on it having been modified for an unlawful purpose, or copied or otherwise extracted for such a purpose.

(9) In this section “relevant requirement” means a requirement to surrender or otherwise to deliver an ID card to the Secretary of State, or to another, which is imposed—

(a) by virtue of any order under section 40, or

(b) by any enactment relating to the surrender of any other document.

EXPLANATORY NOTES

Clause 13: Invalidity and surrender of ID cards

84. This clause covers invalidity and surrender of ID cards.

85. Subsection (1) provides that regulations can prescribe the manner in which, if the individual knows or has reason to suspect the fact that an ID card has been lost, stolen, damaged, destroyed or tampered with, he must report this to the Secretary of State or other person as prescribed. If a card was issued based on inaccurate information, requires modification or has been lost, stolen, damaged, destroyed or tampered with, or is of a particular sub-set of cards (for example where security has been compromised), or if the holder of the card's entry has been modified, then the card may be cancelled (subsection (2)). "Damaged" includes becoming unreadable or unusable and "tampered with" modified or copied for an unlawful purpose (subsection (8)).

86. Subsection (3) provides that if a person is in possession of an ID card which does not belong to him, without the authority of the individual to whom the card was issued or permission from the Secretary of State, he must surrender it.

87. The Secretary of State may require a person to surrender an ID card that is not his, is invalid, is of a sub-set of cards the Secretary of State has determined should be re-issued, or where an individual is in the possession of an ID card in contravention of a relevant requirement. It may be necessary for example, when renewing an ID card to surrender the old card at the time of re-application. Sub-sets of cards may also need to be surrendered, for example, where the security has been compromised. The card must be surrendered within such period as the Secretary of State may specify (subsection (4)).

88. It is an offence not to surrender in these circumstances and an offender is liable to imprisonment, in England and Wales not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (currently £5000) or both (subsections (6) and (7)) and in Northern Ireland and Scotland to imprisonment not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or both.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 13, page 11, line 14, leave out from 'State' to 'if'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 13, page 11, line 31, at end insert—
'(2A) The Secretary of State may, in an urgent case, cancel the card forthwith or otherwise give notice to the individual of an intention to do so.

(2B) The Secretary of State shall send notification of his cancellation or his intention to cancel in writing to the individual who shall have the right to make representations accordingly.

(2C) The Secretary of State shall review his cancellation or his intention in the light of such representations.

(2D) The individual may appeal a cancellation of his ID card to the Commissioner.'.

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 13, page 12, line 6, after 'who', insert 'unreasonably'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 13, page 12, line 7, leave out paragraph (a).

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14 Use of information for verification or otherwise with consent

Provision of information from Register for verification purposes etc.

14 Use of information for verification or otherwise with consent

(1) The Secretary of State may provide a person with information recorded in an individual’s entry in the Register if—

(a) an application for the provision of the information to that person is made by or with the authority of that individual; or

(b) that individual otherwise consents to the provision of that information to that person.

(2) The only information about an individual that may be provided to a person
under this section is—

(a) information about that individual falling within paragraph 1, 3 or 4 of Schedule 1 (name, date and place of birth, gender and addresses, residential status, identifying numbers and validity of identifying documents);

(b) the information contained in any photograph of that individual recorded in the Register;

(c) the information about the individual’s signature that is so recorded;

(d) information about whether an ID card issued to the individual is in force and, if not, why not;
(e) information which, by virtue of section 3(2), is recorded in the Register at that individual’s request;

(f) the questions recorded by virtue of paragraph 8 of Schedule 1 for use for the purposes of applications for information about that individual;

(g) information confined to the grant or refusal of confirmation that information falling within subsection (3) that has been submitted to the Secretary of State coincides with information so falling that is recorded in the individual’s entry in the Register; and

(h) information confined to the grant or refusal of confirmation that the individual’s entry in the Register does not contain information of a particular description falling within that subsection.

(3) The information falling within this subsection is—

(a) information comprised in a fingerprint;

(b) other biometric information;

(c) the number to be used for the purposes of applications for information about the individual in question;

(d) the password or other code to be so used; and

(e) the answers to the questions to be so used.

(4) The Secretary of State may—

(a) by order modify subsections (2) and (3); and

(b) by regulations impose restrictions in addition to those contained in this section on the information that may be provided to a person under this section.

(5) The Secretary of State may also by regulations make provision as to—

(a) how an authority for the purposes of subsection (1)(a) is to be given;

(b) the persons by whom, and the circumstances in which, an application for those purposes may be made; and

(c) how such an application is to be made.

(6) The Secretary of State may by regulations make it a condition of the provision of information under this section—

(a) that the person to whom it is provided has registered prescribed particulars about himself with the Secretary of State;

(b) that that person and the applicant for the information (where different) are for the time being approved by the Secretary of State in the prescribed manner; and

(c) that apparatus used for the purposes of the application, and apparatus that it is proposed to use for the receipt and storage of the information, is for the time being approved by the prescribed person in the prescribed manner.

(7) The Secretary of State must not make an order containing (with or without other provision) any provision modifying subsection (2) or (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(8) The restrictions imposed by or under this section on the information that may be provided to a person do not affect any right apart from this Act for an individual to be provided with information about the contents of his entry in the Register.

EXPLANATORY NOTES

Provision of information from Register for verification purposes etc.

Clause 14: Use of information for verification or otherwise with consent

89. This clause enables the provision of an identity verification service which operates with the consent of the individual, including an accreditation requirement for user organisations and their equipment.

90. Subsection (1) gives the Secretary of State the power to provide a person with certain information recorded in an entry about an individual provided that individual concerned consents. Provision of information includes confirming that the information is or is not recorded in his entry (clause 43(7)).

91. Subsection (2) provides that only a limited part of the individual's entry on the Register may be provided to a person under this section. This includes information within paragraphs 1, 3 and 4 of Schedule 1, the photograph, signature, information concerning whether the ID card is valid, voluntary information, security questions, the grant/refusal of confirmation that submitted information falling in subsection (3) matches that which is held on the Register and the grant/refusal of confirmation that the individual's entry does not contain information of a particular description within that subsection. This might be necessary for example to verify the identity of an individual whose biometric could not be recorded at the time of enrolment (e.g. because of a medical condition). This limitation on the information that may be checked means that information falling in other parts of Schedule 1, for example the records of provision of information and validation information, may not be provided to organisations verifying identity under this clause.

92. Subsection (2) also allows the confirmation of information (as opposed to the provision) falling in subsection (3). This information includes biometric information (including fingerprint), passwords, codes, security numbers and security answers.

93. Subsection (4) enables the Secretary of State to amend by affirmative order subsection (2) and (3), and further allows regulations to be made further restricting the information that may be provided under clause 14. This could be used for example, to ensure that certain categories of people do not have certain information about themselves provided to other organisations, for example where it might be sensitive as in the case of previous names of transsexual people. This power may also be used more broadly to restrict further the information that is provided to specific types of organisations where all the information falling under 14(2) is not necessary for their verification purposes. These regulations would be subject to the affirmative resolution procedure.

94. Subsection (8) ensures that the restrictions on the provision of data under clause 14 do not interfere with rights to be provided information under other Acts, for example subject access rights under the Data Protection Act 1998.

95. Subsection (5) provides a power to make regulations subject to the negative resolution procedure prescribing how an authority is to be given, the persons who can make an application and in what circumstances an application may be made and how an application can be made.

96. This clause would enable an accreditation scheme to be established so that only those organisations that have been approved would be able to make checks on the ID cards of individuals who have consented to verification checks against the Register. Regulations may include a requirement that to be provided information, the applicant must have first registered certain details with the Secretary of State, that the person and the applicant for information have been approved in the prescribed manner and the equipment being used is also accredited (subsection (6)).

97. Clause 41(6) sets out in more detail what regulations for the approval of a person or of apparatus might include.

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

Mr Richard Allan Mr Alistair Carmichael

Clause 14, page 12, line 35, after 'a,' insert 'prescribed'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 14, page 12, line 35, after 'with', insert 'all of the'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 14, page 12, line 38, after 'the', insert 'written'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 12, line 38, after 'the,' insert 'informed'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 14, page 12, line 39, after 'otherwise', insert 'in writing'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 12, line 39, after 'otherwise' insert 'explicitly'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 14, page 12, line 40, at end insert 'and

Amendments up to and including Friday 14th January 2005 page 4

Mr Richard Allan Mr Alistair Carmichael

*Clause 14, page 12, line 41, leave out subsection (2).

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 13, line 20, leave out paragraph (a).

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 13, line 21, leave out paragraph (b).

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

Clause 14, page 13, line 26, leave out subsection (4).

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 13, line 31, leave out 'may' and insert 'shall'.

Mr Richard Allan
Mr Alistair Carmichael

Clause 14, page 13, line 36, leave out 'may' insert 'shall'.

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 14, page 14, line 6, at end add—
'(9) If an individual applies to the Secretary of State for the provision to himself of all or any information recorded in his entry in the Register, it shall be the duty of the Secretary of State to supply to the individual all such information requested.'

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15 Power to make public services conditional on identity checks

Required identity checks

15 Power to make public services conditional on identity checks

(1) Regulations may make provision allowing or requiring a person who provides a public service to make it a condition of providing the service to an individual that the individual produces—

(a) an ID card;

(b) other evidence of registrable facts about himself; or

(c) both.

(2) Regulations under this section may not allow or require the imposition of a condition on—

(a) the entitlement of an individual to receive a payment under or in accordance with any enactment, or

(b) the provision of any public service that has to be provided free of charge, except in cases where the individual is of a description of individuals who, by virtue of section 6, are required to be entered in the Register.

(3) Nothing in this section authorises the making of regulations the effect of which would be to require an individual—

(a) to carry an ID card with him at all times; or

(b) to produce such a card otherwise than for purposes connected with an application by him for the provision of a public service, or with the provision of a public service for which he has applied.

EXPLANATORY NOTES

Required identity checks

Clause 15: Power to make public services conditional on identity checks

98. Identity Cards - the next steps (Cm 6020) sets out two objectives for the use of identity cards in relation to public services. These were to simplify checks on eligibility for services and to reduce fraudulent use of services. This clause provides a power to make this link between the identity cards scheme with the provision of public services in cases where existing powers may be unclear. Clause 43(2) defines what is meant by the provision of a public service.

99. Subsection (1) provides a power to make regulations which allow or require a person who provides a public service to make it a condition of providing the service that an individual produces an ID card and/or other evidence of his registrable facts. This will give service providers flexibility in deciding what proof of identity is the most appropriate in the particular circumstances and what level of identity check is necessary. The ID card on its own may suffice. Alternatively, someone's identity could be checked against the Register, using for example a biometric, when the card is not present.

100. Subsection (2) ensures that regulations made under subsection (1) cannot make it a requirement to produce an ID card or information which can be verified against the National Identity Register in order to receive payments provided under legislation or any service provided free of charge before it is compulsory for that individual to register under clause 6. This means that an order under clause 15 cannot make it a requirement for a person to produce a card, for example to receive social security benefits or free NHS treatment, until it is compulsory for that person to register under clause 6.

101. Subsection (3) specifically excludes the possibility of an order under clause 15 making the carrying of cards compulsory. This includes both the carrying of a card and its production on demand other than for the purposes of an application for a public service.

102. Clause 44(2) provides that the powers under this clause do not extend to public services provided in Scotland that are within the legislative competence of the Scottish Parliament. If the Scottish Parliament wishes to make production of a card a condition of provision of those services, it would first have to pass its own Act.

Amendments up to and including Friday 14th January 2005 page 4

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 15, page 14, line 13, leave out paragraphs (b) and (c).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 15, page 14, line 23, leave out subsection (3) and insert—
'(3) Failure to produce without reasonable excuse an identity card to a police constable reasonably requiring production shall be a summary offence punishable with 6 months imprisonment or a fine or both.'.

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

Clause 15, page 14, line 28, at end add—
'(4) Nothing in this section authorises the making of regulations the effect of which would be to require a British citizen to carry or produce an ID card before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'.

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16 Procedure for regulations under s. 15

(1) The power to make regulations under section 15 shall be exercisable—

(a) in relation to the provision of Welsh public services, by the National Assembly for Wales;

(b) in relation to the provision of Northern Ireland public services, by a Northern Ireland department designated for the purpose by order made by the Office of the First Minister and the deputy First Minister; and

(c) so far as not exercisable by any other person under paragraph (a) or (b), by the Secretary of State.

(2) In subsection (1)—

(a) the reference to the provision of Welsh public services is a reference to the provision of public services in Wales, so far as their provision is a matter in relation to which the National Assembly for Wales has functions; and

(b) the reference to the provision of Northern Ireland public services is a reference to the provision of public services in Northern Ireland, so far as their provision is a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(3) Regulations containing (with or without other provision) any provision the
making of which is authorised by section 15 must not be made by the Secretary of State or a Northern Ireland department unless a draft of the regulations—

(a) in the case of regulations made by the Secretary of State, has been laid before Parliament and approved by a resolution of each House; and

(b) in the case of regulations made by a Northern Ireland department, has been laid before and approved by the Northern Ireland Assembly.

(4) Before—

(a) draft regulations under section 15 are laid before either House of Parliament or the Northern Ireland Assembly, or

(b) regulations under that section are made by the National Assembly for Wales, the person proposing to make the regulations must take such steps as that person thinks fit for securing that members of the public likely to be affected by the regulations are informed about the matters mentioned in subsection (5),
and for consulting them about the proposal.

(5) Those matters are—

(a) the reasons for the making of the regulations; and

(b) why reliance is not being placed on powers conferred otherwise than by this Act.

(6) Where—

(a) a power to impose conditions for the provision of a public service is exercisable under an enactment not contained in this Act, and

(b) that power is exercisable only after consultation with such persons as may be specified or described in that enactment, the power under section 15 to impose a condition for the provision of that service or to make provision in relation to such a condition is to be exercisable only after consultation with the persons so specified or described.

EXPLANATORY NOTES

Clause 16: Procedures for regulations under s. 15

103. This clause sets out the procedure for making regulations under clause 15, including how this will apply to devolved administrations.

104. Subsection (1) sets out who may make regulations under clause 15. Where the provision of public services is the responsibility of the National Assembly for Wales, only that Assembly may make regulations under clause 15. In Northern Ireland, the power to make regulations under clause 15 is exercisable by such Northern Ireland department as may be designated for that purpose by order made by the Office of the First Minister and deputy First Minister. Where this power is not exercisable by the Northern Ireland Assembly or a Northern Ireland Department, the Secretary of State may make regulations.

105. Subsection (2) clarifies the meaning in subsection (1) of the provision of Welsh public services as those which the National Assembly for Wales has functions and of Northern Irish public services in so far as the regulations relate to the provision of services in the transferred field.

106. Regulations made under clause 15 must be approved by a resolution in both Houses of Parliament in the case of regulations made by the Secretary of State; and in the case of regulations in Northern Ireland, they must be laid before and approved by the Northern Ireland Assembly (subsection (3)).

107. Under subsection (4), before any regulations are made there must be steps taken for ensuring that members of the public likely to be affected are informed and consulted on the proposal. Subsection (5) provides that this must include the reasons for the proposal and why existing provisions are not sufficient to make an order under legislation governing the particular service rather than relying on an order under clause 15 of the Identity Cards Bill.

108. Subsection (6) requires there to be consultation with interested parties, for example the providers of a public service, before any regulations are made under clause 15 if there is an equivalent requirement in other legislation governing that service to consult these interested parties.

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17 Power to provide for checks on the Register

(1) The Secretary of State may by regulations make provision authorising a person providing a public service in respect of which—

(a) a condition is imposed under section 15, or

(b) a condition for the production of an ID card, or of evidence of registrable facts, or both, is imposed by or under any other enactment, to be provided with information recorded in the Register that he requires for the purpose of ascertaining or verifying registrable facts about an individual who has applied for the provision of the service.

(2) The Secretary of State may by regulations make provision as to—

(a) the manner in which applications for the provision of information under this section must be made;

(b) the persons by whom, and the circumstances in which, such an application may be made; and

(c) the information that may be provided in response to such an application and the manner in which may be provided.

(3) The Secretary of State may by regulations make it a condition of the provision of information under this section—

(a) that the person to whom it is provided has registered prescribed particulars about himself with the Secretary of State;

(b) that that person and the applicant for the information (where different) are for the time being approved by the Secretary of State in the prescribed manner; and

(c) that apparatus used for the purposes of the application, and apparatus that it is proposed to use for the receipt and storage of the information, is for the time being approved by the prescribed person in the prescribed manner.

(4) The Secretary of State must not make regulations containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(5) Before draft regulations under this section are laid before either House of Parliament, the Secretary of State must take such steps as he thinks fit for securing that—

(a) members of the public in the United Kingdom are informed about the reasons for the proposal to make the regulations; and

(b) for consulting them about it.

(6) In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

EXPLANATORY NOTES

Clause 17: Power to provide for checks on the Register

109. This clause provides a power to the Secretary of State to enable checks to be made of information recorded in the Register by people providing public services. It also gives the Secretary of State the power to regulate identity checks, including an accreditation scheme for user organisations and the equipment they are using.

110. Subsection (1) enables the Secretary of State to make regulations allowing the provision of information to a person providing a public service for which regulations under clause 15 have been made or in respect to which any other legislation makes it a condition to produce an ID card or any other evidence of registrable facts recorded on the Register. This must be for the purposes of ascertaining or verifying information of an individual applying for the public service.

111. Subsection (2) provides that regulations may specify the manner in which applications for checks of the Register are to be made, the persons and the circumstances in which the application may be made, the information that may be provided and the manner in which the provision of information is to be made.

112. Subsection (3) provides that the provision of information may be made dependent on the applicant registering particulars about himself, that the person and the applicant have been approved in the prescribed manner and the equipment is accredited. Clause 41(6) sets out in more detail what regulations for the approval of a person or of apparatus might include.

113. The regulations are subject to an affirmative resolution procedure (Subsection (4)). Before any draft regulations are laid before Parliament, the Secretary of State must take steps to ensure that members of the public in the United Kingdom are informed and consulted on any proposals (Subsection (5)).

114. Subsection (6) ensures that "enactment" for the purposes of this section includes an Act of the Scottish Parliament. This means the rules governing provision of information from the Register are uniform throughout the UK.

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18 Prohibition on requirements to produce identity cards

(1) It shall be unlawful in cases not falling within subsection (2) for any person—

(a) to make it a condition of doing anything in relation to an individual that the individual makes an application, or gives an authority or consent, for the purposes of section 14(1);

(b) to make it a condition of doing anything in relation to an individual that the individual establishes his identity by the production of an ID card; or

(c) otherwise to impose a requirement on an individual to produce such a card.

(2) Each of the following is a case in which such a condition or requirement may be imposed in relation to or on an individual—

(a) where the condition or requirement is imposed in accordance with regulations under section 15, or in accordance with provision made by or under any other enactment;

(b) where provision is made allowing the individual to satisfy the condition or other requirement using reasonable alternative methods of establishing his identity;

(c) where the individual is of a description of persons who, by virtue of section 6, are required to be entered in the Register.

(3) The obligation of a person by virtue of this section not to impose a condition or requirement in relation to or on an individual is a duty owed to that individual and is enforceable by him in civil proceedings—

(a) for an injunction or interdict; or

(b) for any other appropriate remedy or relief.

(4) In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

EXPLANATORY NOTES

Clause 18: Prohibition on requirements to produce identity cards

115. This clause makes clear that there may be no requirement on individuals by organisations to produce an ID card as the only acceptable proof of identity before a move to compulsion under clause 6, other than in the circumstances set out in subsection (2).

116. Subsection (1) makes it unlawful for any person to demand an ID card or demand the individual give authority for a check to be made on the Register under clause 14, as a condition of doing anything to an individual e.g. providing a service.

117. The exceptions to this are set out in Subsection (2). These include where there is a specific requirement for a check on an individual's ID card or against the Register under clause 15 or in accordance with provisions under another enactment; where the organisation allows for reasonable alternative methods of proving identity; or when it is compulsory for that individual to register.

118. Subsection (3) makes clear that this prohibition in subsection (1) may be enforced by the individual in the civil courts.

119. Subsection (4) ensures that Acts of the Scottish Parliament are included in the definition of an enactment within this section. Therefore if the Scottish Parliament decided to make it a requirement under their legislation to use the identity cards scheme as a condition of the provision of a service, it would not be prohibited under this clause.

Amendments up to and including Friday 14th January 2005 page 4

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

Clause 18, page 16, line 36, at beginning insert 'Subject to subsection (2A)'.

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

Clause 18, page 16, line 45, at end insert—
'(2A) Subsection (2) does not authorise the imposition of such condition or requirement in relation to or on a British citizen before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'.

Posted by wtwu at 06:29 PM | Comments (4) | TrackBack

19 Use for purposes of public authorities etc.

Other allowed uses of registered information

19 Use for purposes of public authorities etc.

(1) The Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a) the provision of the information is authorised by this section; and

(b) there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.

(2) The provision of information is authorised by this section where it is—

(a) the provision of information to the Director-General of the Security Service for purposes connected with the carrying out of any of that Service’s functions;

(b) the provision of information to the Chief of the Secret Intelligence Service for purposes connected with the carrying out of any of that Service’s functions;

(c) the provision of information to the Director of the Government Communications Headquarters for purposes connected with the carrying out of any of the functions of GCHQ; or

(d) the provision of information to the Director General of the Serious Organised Crime Agency for purposes connected with the carrying out of any of that Agency’s functions.

(3) The provision of information not falling within paragraph 9 of Schedule 1 is
authorised by this section where the information is provided to a chief officer of police—

(a) in the interests of national security;

(b) for purposes connected with the prevention or detection of crime; or

(c) for other purposes specified by order made by the Secretary of State

(4) The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided to the Commissioners of Inland Revenue or the Commissioners of Customs and Excise—

(a) in the interests of national security;

(b) for purposes connected with the prevention or detection of crime;

(c) for purposes connected with the prevention, detection or investigation of conduct in respect of which the Commissioners have power to impose penalties, or with the imposition of such penalties;

(d) for the purpose of facilitating the checking of information provided to the Commissioners in connection with anything under their care and management, or with any other matter in relation to which the Commissioners have duties under any enactment;

(e) for purposes connected with any of the functions of the Commissioners of Inland Revenue in relation to national insurance contributions or national insurance numbers; or

(f) for other purposes specified by order made by the Secretary of State.

(5) The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided—

(a) to a prescribed government department, or

(b) to a prescribed Northern Ireland department, for purposes connected with the carrying out of any prescribed functions of that department or of a Minister in charge of it.

(6) The provision of information to a designated documents authority is authorised by this section where the information is provided for purposes connected with the exercise or performance by the authority of—

(a) any of its powers or duties by virtue of this Act; or

(b) any of its other powers or duties in relation to the issue or modification of designated documents.

(7) In this section—

“chief officer of police” means—

(a) the chief officer of police of a police force maintained for a police area in England and Wales;

(b) the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77);

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Chief Constable of the Ministry of Defence Police;

(e) the Chief Constable of the Civil Nuclear Constabulary;

(f) the Chief Constable of the British Transport Police; or

(g) the Chief Constable of the Isle of Man Constabulary;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994 (c. 13).

(8) Nothing in this section is to be construed as restricting any power to disclose information that exists apart from this section.

EXPLANATORY NOTES

Other allowed uses of registered information

Clause 19: Use for purposes of public authorities etc.

120. This clause provides the power to provide specified information held on the Register to public authorities or other specified persons for specified purposes without the consent of the registered person. Subsection (1) allows for this provision so long as it is authorised by this clause and complies with clause 23 (which sets out the rules for using information without an individual's consent).

121. Subsection (2) provides that information may be provided without consent of the individual to specified national security and intelligence agencies for purposes connected with any of their functions, for example, the Security Service would be able to be provided with information for purposes connected with the protection of national security, the support of law enforcement agencies in the prevention and detection of serious crime and to safeguard the economic well-being of the United Kingdom, which are their statutory functions as set out in the Security Services Act 1989.

122. Subsection (3) provides a power to provide information not specified within paragraph 9 of Schedule 1 (Records of provision of information) to a chief officer of police, for national security, the prevention or detection of crime or for other purposes as may be specified by order. Paragraph 9 of Schedule 1 records the provision of information from a person's Register entry as opposed to the "static" information held on the Register, such as place and date of birth.

123. A similar power is provided in subsection (4) for the provision of information without consent to the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, for national security, the prevention and detection of crime, national insurance contributions and the other purposes connected with the Commissioners set out in Subsection (4) except information falling within paragraph 9 of Schedule 1.

124. Where information does not fall within paragraph 9 of Schedule 1, provision of that information is permitted if it is made to a prescribed government department or a Northern Ireland department in order to carry out prescribed functions of that department or of the Minister in charge of that department. (subsection (5)). This allows for the provision of information without consent to other parts of government or Northern Ireland departments, e.g. to the Department for Work and Pensions for investigation of social security fraud or to the Department for Social Development in Northern Ireland in connection with social security benefits or national insurance numbers. Regulations allowing information to be provided under this power will be subject to the negative resolution procedure.

125. Subsection (6) sets out for what purposes information may be provided without consent to a designated documents authority that issues documents designated under clause 4.

126. Subsection (7) defines terms used in clause 19 in particular exactly who is covered by the term "chief officer of police".

127. "Crime" is defined in clause 43(1) with reference to the Regulation of Investigatory Powers Act 2000 which defines "crime" as "conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences".

128. "Detection" is defined in clause 43(1) and (9) with reference to the Regulation of Investigatory Powers Act which defines "detecting crime" as including "(a) establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and (b) the apprehension of the person by whom any crime was committed".

129. Subsection (8) ensures that this clause does not restrict any powers existing elsewhere to disclose information.

Amendments up to and including Friday 14th January 2005 page 4

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 19, page 17, line 10, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 19, page 17, line 15, leave out subsections (2) and (3) and insert—
'(2) The provision of information is authorised in this section where it is—

(a) the provision of information to—

(i) the Director-General of the Security Service,
(ii) the Chief of the Secret Intelligence Service,
(iii) the Director of the Government Communications Headquarters,
(iv) the Director-General of the Serious Organised Crime Agency, or
(v) a chief officer of police; and

(b) it is—

(i) in the interests of national security, or
(ii) for the purposes connected with the prevention or detection of crime.'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 19, page 17, line 17, leave out 'connected with' and insert 'necessary for'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 19, page 17, line 27, at end insert 'for any of the purposes specified in subsection (2A)'.

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

Clause 19, page 17, line 27, at end insert—
'(2A) The purposes specified in this subsection are—

(a) in the interests of national security;

(b) for purposes connected with the prevention or detection of crime; or

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 19, page 17, line 32, leave out 'prevention or detection of crime' and insert 'detection of serious crime which shall mean any crime giving rise to an offence triable only on indictment'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 19, page 17, line 32, after 'of', insert 'serious'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 17, line 32, leave out from 'crime' to end of line 33.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 19, page 17, line 33, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 19, page 17, line 37, leave out paragraphs (a) to (f) and insert 'where it is necessary in the interests of national security or the prevention or detection of serious crime'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 17, line 39, leave out 'prevention or'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 17, line 40, leave out paragraph (c).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 17, line 43, leave out paragraph (d).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 18, line 1, leave out paragraph (e).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 18, line 3, leave out from 'numbers' to end of line 4.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 19, page 18, line 4, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.

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

Clause 19, page 18, line 5, leave out subsection (5).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 19, page 18, line 11, leave out subsection (6).

Mr Desmond Browne

*Clause 19, page 18, line 26, after 'Police;' insert—
'( ) the chief officer of the States of Jersey Police Force;

( ) the chief officer of the salaried police force of the Island of Guernsey;'.

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20 Further uses connected with the prevention and detection of crime

(1) The Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a) the provision of the information is authorised by this section; and

(b) there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.

(2) The provision of a person with information not falling within paragraph 9 of Schedule 1 is authorised by this section (so far as it is not otherwise authorised by section 19) if the information is provided for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings and investigations).

(3) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (restriction on disclosure of information for overseas purposes) shall have effect in relation to the provision of a person with information by virtue of subsection (2) as it applies in relation to a disclosure of information in exercise of a power to which section 17 of that Act applies.

(4) The provision of information falling within paragraph 9 of Schedule 1 is authorised by this section if it is provided—

(a) to a person to whom information may be provided by virtue of any of subsections (3) to (5) of section 19 or is made as mentioned in subsection (2) of this section; and

(b) for purposes connected with the prevention or detection of serious crime.

EXPLANATORY NOTES

Clause 20: Further uses connected with the prevention and detection of crime

130. This clause sets out other circumstances in which information from the Register may be provided without consent of the registered person. Subsection (1) provides a power for this provision so long as it is authorised in this clause and clause 23 is complied with.

131. Subsection (2) sets out that where information is provided without consent for any of the purposes specified in sections 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (which include provisions for disclosing information for the purposes of criminal investigations or proceedings overseas), it is authorised under this clause but only subject to clause 23.

132. Subsection (3) allows the Secretary of State to prohibit the provision of information without consent for use in oversees proceedings (under the Anti-terrorism, Crime and Security Act 2001) as specified in section 18 of that Act (which allows the Secretary of State to give a direction that would prohibit the provision of information that could be used for the purposes of any oversees proceedings that would otherwise occur under section 17 of that Act e.g. the Secretary of State might do this if he considered that it would be more appropriate for these proceedings to be conducted in a court of the United Kingdom.

133. Provision of information falling within paragraph 9 of Schedule 1, which is the record of information provided from the Register, is authorised if it is to the persons listed in clause 19(2) to (6) and is for purposes connected with preventing or detecting serious crime or if it is authorised under clause 20(2) ) for use in overseas criminal investigations or proceedings, and is concerned with the prevention and detection of serious crime. This allows a higher threshold to apply where the information being disclosed relates to an individual's use of an ID card rather than static information about name, address etc.

134. "Serious crime" is defined in clause 43 with reference to the Regulation of Investigatory Powers Act which defines serious crime as a crime that "(a) involves the use of violence, results in substantial financial gain or is conducted by a large number of persons in pursuit of a common purpose, or (b) the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more".

Amendments up to and including Friday 14th January 2005 page 4

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 20, page 18, line 33, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.

Posted by wtwu at 11:07 PM | Comments (1) | TrackBack

21 Use for correcting inaccurate or incomplete information

(1) This section applies where—

(a) information about an individual has been provided for verification purposes to the Secretary of State or to a designated documents authority; and
(b) it appears to the Secretary of State that the information was inaccurate or incomplete in one or more particulars.

(2) The Secretary of State may, without the individual’s consent, provide the person who provided the inaccurate or incomplete information with information about—

(a) the respects in which it is inaccurate or incomplete; and

(b) what is in fact recorded in that individual’s entry in respect of the matters to which the inaccurate or incomplete information related.

(3) The provision of information to a person under this section is subject to compliance with any requirements imposed by or under section 23 in relation to its provision.

(4) The reference in this section to providing information about an individual for verification purposes is a reference to providing information about that individual which is required (whether under section 11 or otherwise) or intended to be used by the Secretary of State or a designated documents authority for verifying—

(a) something recorded in that individual’s entry in the Register,

(b) something provided to the Secretary of State or a designated documents authority for the purpose of being recorded in an entry about that individual in the Register, or

(c) something otherwise available to the Secretary of State for being so recorded.

EXPLANATORY NOTES

Clause 21: Use for correcting inaccurate or incomplete information

135. This clause provides a power to provide information from the Register to a person or organisation who has supplied information (including but not only information provided under clause 11) to help verify an entry in the Register where information provided proved to be inaccurate or incomplete.

136. Subsection (1) sets out the circumstances in which information may be provided under this clause. Subsection (2) provides a power to provide to the person providing the information any inconsistencies between it and the information recorded on the Register, provided that clause 23 is complied with (Subsection (3)).

137. Subsection (4) defines what is meant by providing information about an individual for verification purposes.

Amendments up to and including Friday 14th January 2005 page 4

Mr Richard Allan Mr Alistair Carmichael

*Clause 21, page 19, line 22, at end insert—
'(2A) In such a case, the Secretary of State shall notify the individual in writing that he has taken action under subsection (2).'.

Posted by wtwu at 11:10 PM | Comments (0) | TrackBack

22 Power to authorise other uses of information

(1) In a case where there is no authorisation under sections 19 to 21 for the provision of information, the Secretary of State may nevertheless, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a) the information is of a description specified or described in an order made by the Secretary of State;

(b) the information is provided to a person so specified or described;

(c) the information is provided for the purposes so specified or described; and

(d) there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.

(2) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

Clause 22: Power to authorise other uses of information

138. This clause provides (Subsection (1)) that where there is no authorisation under clauses 19 to 21 that the Secretary of State may provide information without consent where an order has been made specifying or describing the information, to a person so specified or described, for purposes so specified or described and any requirements under clause 23 are complied with. This order (Subsection (3)) is subject to an affirmative resolution procedure.

Amendments up to and including Friday 14th January 2005 page 4

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 22, page 19, line 45, at end insert—

'(ca) any disclosure of information which results or would result in interference with an individual's private and family life is proportionate, and is for the purpose of—

(i) the protection of public safety or public health, or
(ii) the protection of the rights and freedoms of others;'.

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

Clause 22, page 20, line 6, at end add—
'(3) No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless—

(a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

(b) the report sets out the Secretary of State's reasons for making the proposal;

(c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

(d) the draft order gives effect to the proposal so far as approved by both Houses.'.

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

Mr Richard Allan Mr Alistair Carmichael

*Page 19, line 37, leave out Clause 22.

Posted by wtwu at 11:11 PM | Comments (1) | TrackBack

23 Rules for using information without individual's consent

(1) Under sections 19 to 22 the Secretary of State may provide a person with information within paragraph 2 of Schedule 1 only if he is satisfied that it would not have been reasonably practicable for the person to whom the information is provided to have obtained the information by other means.

(2) The Secretary of State may by regulations make provision—

(a) imposing requirements that must be satisfied before information is provided under any of sections 19 to 22; and

(b) restricting the persons who may be authorised to act on his behalf for or in connection with the provision of information under any of those sections.

(3) Those regulations may include—

(a) provision requiring a person to be provided with information only where an application for it has been made by or on behalf of that person;

(b) provision specifying or describing the persons who are entitled to make applications for the provision of information to a person; and

(c) provision imposing other requirements as to the manner in which such applications must be made.

(4) The Secretary of State may by regulations make it a condition of providing information to a person—

(a) that that person (where not specified in sections 19 to 22) and the applicant for the information (where different) are for the time being approved by the Secretary of State in the prescribed manner; and

(b) that apparatus used for the purposes of the application, and apparatus that it is proposed to use for the receipt and storage of the information, is for the time being approved by the prescribed person in the prescribed manner.

(5) The Secretary of State may also by regulations provide that information that may be provided to a person under any of sections 19 to 22 may be provided instead to another person who—

(a) is authorised by that person to be a recipient of information provided under that section;

(b) holds such office, rank or position as may be specified in the regulations; and

(c) is under the direction or control of that person, or is otherwise answerable or subordinate to him, in respect of any of his duties as a person holding that office, rank or position.

EXPLANATORY NOTES

Clause 23: Rules for using information without individual's consent

139. Subsection (1) provides that provision of information in paragraph 2 of schedule 1 (photograph, signature, fingerprints or other biometric information) under clauses 19 to 22 may only be authorised where the Secretary of State is satisfied that it was not reasonably practicable for the person to have obtained the information by another means. For example, if fingerprint information is recorded on the Register, the police would first have to search their own fingerprint records before requesting information to be provided from the Register.

140. Subsections (2) to (4) allow the Secretary of State to make regulations imposing requirements such as specifying the person or persons who may make any request for information and how it is to be made and authorised before any information is provided under clauses 19 to 22.

141. Subsection (5) allows the Secretary of State to make regulations setting out the rank office or position of people who would be authorised to receive information on behalf of those persons listed in clauses 19 to 22. For example, a police officer of a specified rank may be authorised to be provided with information on behalf of a chief officer of police.

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

Mr Richard Allan Mr Alistair Carmichael

*Clause 23, page 20, line 14, leave out 'and'.

Mr Richard Allan
Mr Alistair Carmichael

*Clause 23, page 20, line 17, at end insert 'and

Posted by wtwu at 11:13 PM | Comments (1) | TrackBack

December 08, 2004

24 Appointment of National Identity Scheme Commissioner

Supervision of operation of Act

24 Appointment of National Identity Scheme Commissioner

(1) The Secretary of State must appoint a Commissioner to be known as the National Identity Scheme Commissioner.

(2) It shall be the function of the Commissioner (subject to subsection (3)) to keep under review—

(a) the arrangements for the time being maintained by the Secretary of State for the purposes of any of his functions under this Act or the subordinate legislation made under it;

(b) the arrangements for the time being maintained by designated documents authorities for the purposes of any of their functions under this Act or that subordinate legislation;

(c) the arrangements made, by persons to whom information may be provided, for obtaining the information available to them under this Act or that subordinate legislation and for recording and using it; and

(d) the uses to which ID cards are being put.

(3) The matters to be kept under review by the Commissioner do not include—

(a) the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12));

(b) the imposition of civil penalties, objections to such penalties or appeals against them;

(c) the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences;

(d) the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters;

(e) the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director;

(f) the operation of this section and section 25; or

(g) arrangements made for the purposes of anything mentioned in paragraphs (a) to (f).

(4) It shall be the duty of every official of the Secretary of State’s department to provide the Commissioner with all such information (including information recorded in the Register) as he may require for the purpose of carrying out his functions under this Act.

(5) The Commissioner is to hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.

(6) The Secretary of State—

(a) after consultation with the Commissioner, and

(b) subject to the approval of the Treasury as to numbers, must provide the Commissioner with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner’s functions.

(7) In this section “intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

EXPLANATORY NOTES

Supervision of operation of Act

Clause 24: Appointment of National Identity Scheme Commissioner

142. This clause establishes a National Identity Scheme Commissioner to oversee the operation of the identity cards scheme and the National Identity Register including the uses to which ID cards are being put and the provision of information held on the Register.

143. The Secretary of State is under the duty to appoint a National Identity Scheme Commissioner under subsection (1). Subsection (2) sets out the functions of the Commissioner. Subsection (3) sets out the matters which will not be part of the Commissioner's functions such as the imposition of civil penalties for which an appeal process is established under clause 35 or criminal offences which would be dealt with by the criminal courts. The provision of information to the intelligence and security agencies would also not fall within the remit of the Commissioner but would be under the jurisdiction of the Intelligence Services Commissioner as set out in clause 26.

144. It is the duty of every official in the Secretary of State's department to provide the information the Commissioner requires to carry out his function (Subsection (4)).

145. Subsection (5) sets out that the Commissioner should hold office in accordance with the terms of his appointment and provisions should be made for him to be paid such allowances as the Treasury may determine out of money provided by Parliament.

146. Under Subsection (6) the Secretary of State is under a duty, after consultation with the Commissioner, and subject to the approval of the Treasury as to numbers, to provide the Commissioner with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 17, leave out from 'Commissioner' to end of line 33 and insert 'include general policy matters, but do not include—

(a) the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I.12)) unless any particular case affected by these powers or rules raises a concern of substantial public interest;

(b) the imposition of civil penalties, objections to such penalties or appeals against them, unless a particular penalty, objection or appeal raises a concern of substantial public interest;

(c) the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences in any particular case, unless a particular case raises a concern of substantial public interest;

(d) the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest; or

(e) the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest.'.

Mr Richard Allan Mr Alistair Carmichael

*Clause 24, page 21, line 17, leave out 'do not' and insert 'shall also'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 18, leave out paragraphs (a) to (c).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 33, at end insert—
'(3A) The Commissioner may, where appropriate—

(a) before undertaking a review which includes the policy towards the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters, liaise with the Intelligence Services Commissioner with a view to referring responsibility for that review to that Commissioner, or

(b) liaise with the Information Commissioner in relation to any processing of personal data.'.

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 45, at end insert 'to a maximum of 10 members of staff'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 46, after 'section', insert—

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

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 47, at end add—

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

Posted by wtwu at 02:39 AM | Comments (2) | TrackBack

25 Reports by Commissioner

(1) As soon as practicable after the end of each calendar year, the Commissioner must make a report to the Secretary of State about the carrying out of the Commissioner’s functions.

(2) The Commissioner may also, at any other time, make such report to the Secretary of State on any matter relating to the carrying out of those functions as the Commissioner thinks fit.

(3) The Secretary of State must lay before Parliament a copy of every annual report made to him under subsection (1).

(4) If it appears to the Secretary of State, after consultation with the Commissioner, that the publication of a particular matter contained in an annual report—

(a) would be prejudicial to national security, the prevention or detection of crime or the continued discharge of the functions of any public authority, or

(b) would be otherwise contrary to the public interest, the Secretary of State may exclude that matter from the copy of the report that he lays before Parliament.

(5) Where a matter is excluded under subsection (4) from a copy of an annual report laid before Parliament, the Secretary of State must, when he lays that copy of the annual report, also lay before Parliament a statement that a matter has been excluded from the report under that subsection.

EXPLANATORY NOTES

Clause 25: Reports by Commissioner

147. Under subsection (1) the Commissioner is under a duty to report each year to the Secretary of State, who is himself under a duty to lay before Parliament that report subject to certain exceptions set out in Subsection (4) if there were for example any information contained in the report that would be contrary to the public interest in which case the Secretary of State would follow the procedures set out in Subsection (5) and would need to lay a statement before Parliament that a matter has been excluded.

148. There is also provision at Subsection (2) for the Commissioner to report at any other time regarding any matter related to the carrying out of his functions

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

Mr Richard Allan Mr Alistair Carmichael

*Clause 25, page 22, line 2, leave out subsection (1) and insert—
'(1) The Commissioner shall lay annually a report before both Houses of Parliament on the carrying out of the Commissioner's functions under this Act.'.

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

Clause 25, page 22, line 3, leave out 'make a report to the Secretary of State' and insert 'lay before each House of Parliament a general report'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 25, page 22, line 3, leave out 'the Secretary of State' and insert 'Parliament'.

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

Clause 25, page 22, line 5, leave out subsections (2) to (5) and insert—
'(2) The Commissioner may also, at any time, lay before each House of Parliament such other reports on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'.

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 25, page 22, line 5, leave out subsection (2).

Mr Richard Allan
Mr Alistair Carmichael

*Clause 25, page 22, line 5, leave out from 'report' to end of line 7 and insert 'on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 25, page 22, line 8, leave out subsection (3).

Mr Richard Allan
Mr Alistair Carmichael

*Clause 25, page 22, line 8, leave out subsections (3) to (5).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 25, page 22, leave out lines 12 to 15 and insert 'would cause substantial harm to the public interest'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 25, page 22, line 12, leave out from 'security' to end of line 15.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 25, page 22, line 12, at end insert 'serious'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 25, page 22, line 13, leave out from 'crime' to 'or' in line 14.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 25, page 22, line 14, leave out from 'authority' to end of line 15.

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26 Jurisdiction of Intelligence Services Commissioner and Tribunal

(1) The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.

(2) In section 59 (functions of Intelligence Services Commissioner), after subsection (2) insert—

"(2A) The Intelligence Services Commissioner shall also keep under review—

(a) the acquisition, storage and use by the intelligence services of information recorded in the National Identity Register;

(b) the provision of such information to members of the intelligence services in accordance with any provision made by or under the Identity Cards Act 2005;

(c) arrangements made by the Secretary of State or any of the intelligence services for the purposes of anything mentioned in paragraph (a) or (b)."

(3) In section 65(2)(b) (complaints in relation to which Tribunal has jurisdiction), after "subsection (4)" insert "or (4A)".

(4) In section 65(3) (proceedings in relation to which the Tribunal has jurisdiction), for the "or" at the end of paragraph (c) substitute—

"(ca) they are proceedings relating to the provision to a member of any of the intelligence services of information recorded in an individual’s entry in the National Identity Register;

(cb) they are proceedings relating to the acquisition, storage or use of such information by any of the intelligence services; or".

(5) After section 65(4) insert—
"(4A) The Tribunal is also the appropriate forum for a complaint if it is a complaint by an individual about what he believes to be—

(a) the provision to a member of any of the intelligence services of information recorded in that individual’s entry in the National Identity Register; or

(b) the acquisition, storage or use of such information by any of the intelligence services."

EXPLANATORY NOTES

Clause 26: Jurisdiction of Intelligence Services Commissioner and Tribunal

149. This clause amends the Regulation of Investigatory Powers Act 2000 which sets out the functions of the Intelligence Services Commissioner and the Investigatory Powers Tribunal to add to their functions, oversight of the provision of information held on the Register to the intelligence and security agencies as defined in that Act.

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27 Possession of false identity documents etc.

Offences

27 Possession of false identity documents etc.

(1) It is an offence for a person with the requisite intention to have in his possession or under his control—

(a) an identity document that is false and that he knows or believes to be false;

(b) an identity document that was improperly obtained and that he knows or believes to have been improperly obtained; or

(c) an identity document that relates to someone else.

(2) The requisite intention for the purposes of subsection (1) is—

(a) the intention of using the document for establishing registrable facts about himself; or

(b) the intention of allowing or inducing another to use it for establishing, ascertaining or verifying registrable facts about himself or about any other person (with the exception, in the case of a document within paragraph (c) of that subsection, of the individual to whom it relates).

(3) It is an offence for a person with the requisite intention to make, or to have in his possession or under his control—

(a) any apparatus which, to his knowledge, is or has been specially
designed or adapted for the making of false identity documents; or

(b) any article or material which, to his knowledge, is or has been specially
designed or adapted to be used in the making of false identity documents.

(4) The requisite intention for the purposes of subsection (3) is the intention—

(a) that he or another will make a false identity document; and

(b) that the document will be used by somebody for establishing, ascertaining or verifying registrable facts about a person.

(5) It is an offence for a person to have in his possession or under his control,
without reasonable excuse—

(a) an identity document that is false;

(b) an identity document that was improperly obtained;

(c) an identity document that relates to someone else; or

(d) any apparatus, article or material which, to his knowledge, is or has
been specially designed or adapted for the making of false identity documents or to be used in the making of such documents.

(6) A person guilty of an offence under subsection (1) or (3) shall be liable, on
conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.

(7) A person guilty of an offence under subsection (5) shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; but, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to
twelve months is to be read as a reference to six months.

(8) For the purposes of this section—

(a) an identity document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45) (see section
9(1) of that Act); and

(b) an identity document was improperly obtained if false information was provided, in or in connection with the application for its issue or an application for its modification, to the person who issued it or (as the case may be) to a person entitled to modify it; and references to the making of a false identity document include references to the modification of an identity document so that it becomes false.

(9) Subsection (8)(a) does not apply in the application of this section to Scotland.

(10) In this section "identity document" has the meaning given by section 28.

EXPLANATORY NOTES

Offences

Clause 27: Possession of false identity documents

150. This clause creates new criminal offences related to possessing false identity documents. Subsections (1) and (2) set out the circumstances in which a person is guilty of an offence if he is in possession of a document which he knows or believes to be false or improperly obtained, or to relate to someone else. To be guilty of the offence the person must have the intention that the document be used for identity fraud.

151. Subsections (3) and (4) create a similar offence in relation to the possession of equipment which is designed or adapted for making false identity documents. Subsection (6) sets out the maximum penalties for such offences as being 10 years imprisonment or a fine or both.

152. Subsection (5) makes it an offence for a person to have in his possession, without reasonable excuse, a false or improperly obtained document, a document relating to someone else, or equipment used for making false identity documents. These offences apply irrespective of any intent to use the documents or equipment. Subsection (7) prescribes a maximum penalty of 2 years imprisonment, a fine or both.

153. Subsection (8) defines the meaning of false and improperly obtained for the purposes of this section.

154. Subsection (9) states that the definition of "false" in subsection 8(a) does not apply on the application of this section in Scotland because Part 1 of the Forgery and Counterfeiting Act 1981 does not apply in Scotland.

155. Subsection (10) applies the definition of "identity document" in clause 28 for the purposes of these offences.

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28 Identity documents for the purposes of s. 27

(1) In section 27 "identity document" means any document that is, or purports to be—

(a) an ID card;

(b) a designated document;

(c) an immigration document;

(d) a United Kingdom passport (within the meaning of the Immigration Act 1971 (c. 77));

(e) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(f) a document that can be used (in some or all circumstances) instead of a passport;

(g) a UK driving licence; or

(h) a driving licence issued by or on behalf of the authorities of a country or territory outside the United Kingdom.

(2) In subsection (1) "immigration document" means—

(a) a document used for confirming the right of a person under the Community Treaties in respect of entry or residence in the United Kingdom;

(b) a document which is given in exercise of immigration functions and records information about leave granted to a person to enter or to remain in the United Kingdom; or

(c) a registration card (within the meaning of section 26A of the Immigration Act 1971 (c. 77));

and in paragraph (b) "immigration functions" means functions under the Immigration Acts (within the meaning of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)).

(3) In that subsection “UK driving licence” means—

(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (c. 52);

(b) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)); or

(c) a document issued as a counterpart with a licence falling within paragraph (a) or (b).

(4) The Secretary of State may by order modify the list of documents in subsection (1).

(5) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

Clause 28: Identity documents for the purposes of s. 27

156. Subsection (1) defines what is meant by an "identity document" and includes an ID card as well as other identity documents. This list may be amended by an order subject to an affirmative resolution procedure (subsections (4) and (5)).

157. Subsection (2) defines what is meant by an "immigration document".

158. Subsection (3) defines what is meant by a "UK driving licence".

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29 Unauthorised disclosure of information

(1) A person is guilty of an offence if, without lawful authority—

(a) he provides any person with information that he is required to keep confidential; or

(b) he otherwise makes a disclosure of any such information.

(2) For the purposes of this section a person is required to keep information confidential if it is information that is or has become available to him by reason of his holding an office or employment the duties of which relate, in whole or in part, to—

(a) the establishment or maintenance of the Register; or

(b) the issue, modification, cancellation or surrender of ID cards.

(3) For the purposes of this section information is provided or otherwise disclosed with lawful authority if, and only if—

(a) it is authorised by or under this Act or another enactment;

(b) it is made in pursuance of an order or direction of a court or of a tribunal established by or under any enactment;

(c) it is made in pursuance of a Community obligation; or

(d) it is made for the purpose of performing the duties of an office or employment of the sort mentioned in subsection (2).

(4) It is a defence for a person charged with an offence under this section to show that, at the time of the alleged offence, he believed, on reasonable grounds, that he had lawful authority to provide the information or to make the other disclosure in question.

(5) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

EXPLANATORY NOTES

Clause 29: Unauthorised disclosure of information

159. This clause creates a new criminal offence of disclosure without lawful authority of information held on the National Identity Register.

160. Subsections (1) and (2) set out the circumstances under which a person is guilty of such an offence.

161. Subsection (3) defines what is meant by "lawful authority" for the purposes of this clause including if it is authorised by this legislation or required by a court order.

162. Subsection (4) states that a person has a defence if he can show that he believed, on reasonable grounds, that he had lawful authority to disclose the information.

163. Subsection (5) sets out the maximum penalty for the offence as 2 years imprisonment or a fine or both.

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

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

Clause 29, page 25, line 44, at and insert—
'(4A) It is also a defence for a person charged with an offence under this section to show that the provision of information or the making of the other disclosure in question was in the public interest.'.

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30 Providing false information

(1) A person is guilty of an offence if, in circumstances falling within subsection

(2), he provides false information to any person —

(a) for the purpose of securing the making or modification of an entry in the Register;

(b) in confirming (with or without changes) the contents of an entry in the Register; or

(c) for the purpose of obtaining for himself or another the issue or modification of an ID card.

(2) Those circumstances are that, at the time of the provision of the information he—

(a) knows or believes the information to be false; or

(b) is reckless as to whether or not it is false.

(3) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; but, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.

EXPLANATORY NOTES

Clause 30: Providing false information

164. This clause creates a new offence of providing false information for purposes connected with securing an entry or modification of an entry on the Register or obtaining for himself or another person an ID card.

165. For the purposes of this clause, false is defined in clause 43. Subsections (1) and (2) set out the circumstances under which a person is guilty of the offence if he knows or believes the information is false or is reckless as to whether or not it is false. Subsection (3) sets out the maximum penalty for the offence as 2 years imprisonment, a fine or both.

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31 Tampering with the Register etc.

(1) A person is guilty of an offence under this section if—

(a) he engages in any conduct that causes an unauthorised modification of information recorded in the Register; and

(b) at the time when he engages in the conduct, he has the requisite intent and the requisite knowledge.

(2) For the purposes of this section—

(a) a person has the requisite intent if he intends to cause a modification of information recorded in the Register or is reckless as to whether or not his conduct will cause such a modification; and

(b) a person has the requisite knowledge unless he believes, on reasonable grounds, that a modification caused by his conduct would be authorised.

(3) For the purposes of this section the cases in which conduct causes a modification of information recorded in the Register include—

(a) where it contributes to a modification of such information; and

(b) where it makes it more difficult or impossible for such information to be retrieved in a legible form from a computer on which it is stored by the Secretary of State, or contributes to making that more difficult or impossible.

(4) It is immaterial for the purposes of this section—

(a) whether the conduct constituting the offence, or any of it, took place in the United Kingdom; or

(b) in the case of conduct outside the United Kingdom, whether it is conduct of a British citizen.

(5) For the purposes of this section a modification is unauthorised, in relation to the person whose conduct causes it, if—

(a) he is not himself entitled to determine if the modification is made; and

(b) he does not have a consent to the modification from a person who is so entitled.

(6) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; but, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.

(7) In the case of an offence by virtue of this section in respect of conduct wholly or partly outside the United Kingdom—

(a) proceedings for the offence may be taken at any place in the United Kingdom, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(8) In this section—

"conduct" includes acts and omissions; and

"modification" includes a temporary modification.

EXPLANATORY NOTES

Clause 31: Tampering with the Register etc.

166. This clause creates an offence of tampering with the Register. Subsection (1) defines the offence as engaging in any conduct that causes an unauthorised modification of information in the Register. Subsection (2)(a) defines the requisite intent for the offence as intending to cause a modification of information, or being reckless as to whether or not the conduct will cause such a modification. Subsection (2) (b) defines the requisite knowledge for the offence as existing unless someone believes, on reasonable grounds, that a modification caused by his conduct would be authorised. Subsection (5) defines an "unauthorised modification" as taking place if someone is not himself entitled to determine if the modification is made, or he does not have a consent to the modification from a person who is so entitled. Subsection (8) provides that conduct includes acts and omissions, and modification includes a temporary modification.

167. Subsection (3) makes it clear that modification of information includes cases where someone's conduct contributes to the modification of information, or where it makes it more difficult or impossible for such information to be retrieved in a legible form, or where the conduct contributes to making the retrieval more difficult or impossible.

168. Subsection (4) makes it clear that it does not matter whether any or all of the relevant conduct took place in the United Kingdom or whether the person concerned was a British citizen or not.

169. Subsection (6) gives the maximum penalty for the offence as imprisonment for a term not exceeding ten years, or a fine, or both.

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32 Amendments relating to offences

(1) In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences), at the end insert—

"Identity Cards Act 2005

An offence under—

(a) section 27(5) of the Identity Cards Act 2005 (possession of
false document etc.);

(b) section 29 of that Act (disclosure of information on National Identity Register); or

(c) section 30 of that Act (providing false information)."

(2) In section 1(2) of the Criminal Justice Act 1993 (c. 36) (Group A offences in respect of which jurisdiction is extended for some purposes in relation to conduct outside England and Wales), after paragraph (c) insert—

"(ca) an offence under section 27 of the Identity Cards Act 2005;".

(3) In section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention)—

(a) in subsection (3) (offences in England and Wales and Northern Ireland to which section applies), after paragraph (a) insert—

"(aa) section 27(1) or (5) of the Identity Cards Act 2005;"

(b) in subsection (4) (offences in Scotland to which section applies), after paragraph (b) insert—

"(ba) under section 27(1) or (5) of the Identity Cards Act 2005;".

(4) In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (powers of arrest for immigration officers), after paragraph (p)insert—

"(q) an offence under section 27 of the Identity Cards Act 2005."

(5) After paragraph (k) of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (offences for which an arrest may be made without a warrant), insert—

"(kk) An offence under—

(i) section 27(5) of the Identity Cards Act 2005 (possession of false document etc.);

(ii) section 29 of that Act (disclosure of information on National Identity Register); or

(iii) section 30 of that Act (providing false information)."

(6) In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which makes provision in relation to conduct outside Northern Ireland corresponding to that made by section 1(2) of the Criminal Justice Act 1993 (c. 36)), after sub-paragraph (c) insert—

"(ca) an offence under section 27 of the Identity Cards Act 2005;".

EXPLANATORY NOTES

Clause 32: Consequential amendments relating to offences

170. Subsection (1) makes the offences under clauses 27 (5), 29 and 30 arrestable in England and Wales. Subsection (5) extends this to Northern Ireland.

171. Subsection (2) extends the usual jurisdiction of the courts in England and Wales for the offences in clause 27. Subsection (6) extends the usual jurisdiction of the courts in Northern Ireland for the offences in clause 27.

172. Subsection (3) adds the false documents offence (clause 27) to section 31(3) of the Immigration and Asylum Act 1999 giving a specific defence for refugees with false documents. This is of particular relevance as those who destroy any false documents will commit an offence under section 2 of the Asylum and Immigration (Treatment of Claimants) Act 2004.

173. Subsection (4) adds the false documents offence (clause 27) to section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. This gives immigration officers power to arrest without warrant for the offence and ancillary powers to search for and seize documents.

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33 Imposition of civil penalties

Civil penalties

33 Imposition of civil penalties

(1) This section applies where the Secretary of State is satisfied that a person ("the defaulter") is a person who is liable under this Act to a civil penalty not exceeding a specified amount.

(2) The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.

(3) A notice imposing such a penalty must—

(a) set out the Secretary of State’s reasons for deciding that the defaulter is liable to a penalty;

(b) state the amount of the penalty that is being imposed;

(c) specify a date before which the penalty must be paid to the Secretary of State;

(d) describe how payment may be made;

(e) explain the steps that the defaulter may take if he objects to the penalty; and

(f) set out and explain the powers of the Secretary of State to enforce the penalty.

(4) The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.

(5) A penalty imposed in accordance with this section—

(a) must be paid to the Secretary of State in a manner described in the notice imposing it; and

(b) if not so paid by the specified date, is to be recoverable by him accordingly.

(6) In proceedings for recovery of a penalty so imposed no question may be raised as to—

(a) whether the defaulter was liable to the penalty; or

(b) the amount of the penalty.

(7) Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.

EXPLANATORY NOTES

Civil penalties

Clause 33: Imposition of civil penalties

174. This clause sets out the way in which civil penalties under the identity cards scheme will operate.

175. Where the Secretary of State is satisfied that the person is liable to a civil penalty as set out in the legislation, the Secretary of State may issue in the prescribed manner a notice to the defaulter, setting out why the penalty is being imposed, the amount of the penalty, the date by which the penalty must be paid, how payment should be made, setting out the steps the defaulter may take if he objects and finally explaining the powers to enforce the penalty (subsection (3)).

176. The date by which the payment must be made cannot be less than 14 days after the notice is issued (subsection (4)).

177. The penalty imposed by this clause, must be paid in the manner described by the notice and if it is not paid, the amount is recoverable by the Secretary of State via the civil courts. When recovering the penalty no question may be raised as to whether the defaulter was liable to the penalty or as to the amount of the penalty.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 33, page 28, line 45, at end insert 'including methods by which payment may be made by instalments'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 33, page 29, line 5, leave out '14' and insert '28'.

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34 Objection to penalty

(1) A person to whom a notice under section 33 has been given may give notice to the Secretary of State that he objects to the penalty on one or both of the following grounds—

(a) that he is not liable to it;

(b) that the amount of the penalty is too high.

(2) The notice of objection—

(a) must set out the grounds of the objection and the objector’s reasons for objecting on those grounds; and

(b) must be given to the Secretary of State in the prescribed manner and within the prescribed period after the giving of the notice imposing the penalty.

(3) The Secretary of State must consider a notice of objection given in accordance with this section and may then—

(a) cancel the penalty;

(b) reduce it;

(c) increase it; or

(d) confirm it.

(4) The Secretary of State must not enforce a penalty in respect of which he has received a notice of objection before he has notified the objector of the outcome of his consideration of the objection.

(5) That notification of the outcome of his consideration must be given, in the prescribed manner—

(a) before the end of the prescribed period; or

(b) within such longer period as he may agree with the objector.

(6) Where, on consideration of an objection, the Secretary of State increases the penalty, he must give the objector a new penalty notice under section 33; and,where he reduces it, he must notify the objector of the reduced amount.

EXPLANATORY NOTES

Clause 34: Objection to penalty

178. Clause 34 sets out the steps to be taken if the recipient of the notice objects.

179. A recipient of a notice may give notice to the Secretary of State that he objects to the penalty. This must include what he objects to and why. This "notice of objection" must be made in the prescribed manner and before a date to be prescribed (subsections (1) and (2)).

180. If this procedure is complied with, the Secretary of State will determine whether or not to: cancel the penalty; reduce it; increase it; confirm it (subsection (3)). The Secretary of State must not enforce a penalty of which he has received a notice of objection, until he has considered the objection.

181. This notification of outcome must be given in the prescribed manner, by a prescribed date or if the objector agrees by the end of a longer period.

182. If, after consideration, the Secretary of State increases the penalty, a new notice must be issued under clause 33. If the penalty is reduced, the objector must be notified accordingly.

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35 Appeals against penalties

(1) A person on whom a penalty has been imposed under section 33 may appeal to the court on one or both of the following grounds—

(a) that he is not liable to it; or

(b) that the amount of the penalty is too high.

(2) An appeal under this section must be brought within such period after the giving of the notice imposing the penalty to which it relates as may be specified by rules of court.

(3) On an appeal under this section, the court may—

(a) allow the appeal and cancel the penalty;

(b) allow the appeal and reduce the penalty; or

(c) dismiss the appeal.

(4) An appeal under this section shall be by way of a rehearing of the Secretary of State’s decision to impose the penalty.

(5) The matters to which the court may have regard when determining an appeal under this section include all matters that the court considers relevant, including—

(a) matters of which the Secretary of State was unaware when he made his decision; and

(b) matters which (apart from this subsection) the court would be prevented from having regard to by virtue of rules of court.

(6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 34 has been given in respect of that penalty and of whether there has been an increase or reduction under that section.

(7) In this section "the court" means—

(a) in England and Wales or Northern Ireland, a county court; and

(b) in Scotland, the sheriff.

EXPLANATORY NOTES

Clause 35: Appeals against penalties

183. This clause sets out the process of appealing against penalties. Under subsection (6) a person does not have to object to a penalty under clause 33 before making an appeal to the court under this clause.

184. The grounds of the appeal are set out in subsection (1). Subsection (2) ensures that there will be a time limit to any appeal.

185. The appeal will be a re-hearing of the decision of the Secretary of State to impose a penalty (subsection (4)). Under subsection (5) the court may consider all matters it considers relevant

186. The Court may decide to cancel the penalty, reduce the penalty or uphold the penalty under subsection (3).

187. Subsection (7) specifies which courts may hear an appeal.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 35, page 28, line 14, leave out 'or'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 35, page 30, line 15, at end insert 'or

(d) increase the penalty.'.

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36 Code of practice on penalties

(1) The Secretary of State must issue a code of practice setting out the matters that he will consider when determining the amount to be imposed in any case by way of a civil penalty under this Act.

(2) The Secretary of State must have regard to the code when—

(a) imposing a civil penalty under this Act; or

(b) considering a notice of objection under section 34.

(3) The court must have regard to the code when determining any appeal under section 35.

(4) Before issuing the code, the Secretary of State must lay a draft of it before Parliament.

(5) The code issued under this section does not come into force until the time specified by order made by the Secretary of State.

(6) The Secretary of State may from time to time—

(a) revise the whole or a part of the code; and

(b) issue the revised code.

(7) Subsections (4) and (5) apply to a revised code as they apply to the code first issued under this section.

EXPLANATORY NOTES

Clause 36: Code of practice on penalties

188. This clause sets out the provisions relating to the code of practice on penalties.

189. The Secretary of State has the duty to issue a code of practice setting out the matters that will be considered when determining the amount of a civil penalty. He must have regard to the code when imposing a penalty or considering a notice of objection. A court must also have regard to the code when determining any appeal.

190. Before issuing the code, a draft must be laid before Parliament. It then comes into force as specified by order.

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December 09, 2004

37 Fees in respect of functions carried out under Act

Fees and charges

37 Fees in respect of functions carried out under Act

(1) The Secretary of State may by regulations specify fees, of such amounts as he thinks fit, to be paid to him in respect of any one or more of the following—

(a) applications to him for entries to be made in the Register, for the modification of entries or for the issue of ID cards;

(b) the making or modification of entries in the Register;

(c) the issue of ID cards;

(d) applications for the provision of information contained in entries in the Register;

(e) the provision of such information;

(f) applications for confirmation that information supplied coincides with information recorded in the Register;

(g) the issue or refusal of such confirmations;

(h) applications for the approval of a person or of apparatus in accordance with any regulations under this Act;

(i) the grant of such approvals.

(2) The provision that may be made by regulations under this section includes—

(a) provision for the payment of fees by instalments; and

(b) provision establishing arrangements under which instalments may be paid in anticipation of a fee becoming due.

(3) In prescribing a fee under this section in respect of anything mentioned in a particular paragraph of subsection (1), the Secretary of State may take into account—

(a) expenses that will be or have been incurred by him in respect of that thing, both in the circumstances in relation to which the fee is prescribed and in other circumstances;

(b) expenses that will be or have been incurred by him in respect of such other things mentioned in that subsection as he thinks fit;

(c) other expenses that will be or have been incurred by him in connection with any provision made by or under this Act;

(d) expenses that will be or have been incurred by any person in connection with applications for, and the issue of, designated documents (whether or not together with ID cards);

(e) expenses that will be or have been incurred in the provision of consular services (within the meaning of section 1 of the Consular Fees Act 1980 (c. 23)); and

(f) such differences between different persons by or in relation to whom that thing may be done as he thinks fit.

(4) The consent of the Treasury is required for the making of regulations under subsection (1).

(5) Every power conferred by or under an enactment to fix or impose fees in respect of—

(a) applications for a designated document, or

(b) the issue of designated documents, includes power to fix or impose fees in respect of things done by virtue of this Act in connection with such applications, or with the issue of such documents.

(6) Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.

EXPLANATORY NOTES

Fees and charges

Clause 37: Fees in respect of functions carried out under Act

191. This clause makes provision for the payment of fees.

192. Subsection (1) enables fees to be set for:

applications for entries to be made, for their modification or the issue of ID cards;
making or modifying entries;
issue of ID cards;
applications for provision of information contained on the Register;
provision of such information;
applications for confirmation of any information recorded;
the issue or refusal of such a confirmation;
applications for the approval of a person or apparatus (the accreditation);
the grant of such approvals.

193. Subsection (2) allows regulations to be made allowing the payment of fees by instalments, for example schemes such as saving stamps.

194. Subsection (3) allows the Secretary of State in prescribing fees under subsection (1), to take into account the wider costs associated with the identity cards scheme. For instance, a charge may need to cover not just the issue of an ID card but also the costs of updating the card when details such as address change, which may not necessarily incur an additional fee. This subsection also gives a power to charge different fees in different circumstances, to allow for example for a reduced fee for some cards or to cross-subsidise between different cards. Subsection (3)(d) also includes a power to take into account the cost of issuing ID cards in connection with the issue of designated documents. Subsection (3)(e) allows for expenses incurred in the provisions of consular services to be taken into account in setting fees, for example where a card was valid for travel this might be appropriate.

195. Subsection (4) means Treasury consent is required before regulations are made under subsection (1).

196. Subsection (5) allows for the fees for designated documents to cover the costs of dealing with matters under this Bill (i.e. the Register and ID cards) when those matters are dealt with in relation to applications for, and the issuing of, designated documents. For example, charges for residence permits could be made using existing powers, and include the costs associated with the identity cards scheme.

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

Mr Richard Allan Mr Alistair Carmichael

*Clause 37, page 31, line 24, at end insert—

'but no fee shall be imposed for a card issued in consequence of an order by the Secretary of State for compulsory registration.'.

Mr Richard Allan
Mr Alistair Carmichael

*Page 31, line 9, leave out Clause 37.

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38 Amendment of Consular Fees Act 1980

In section 1 of the Consular Fees Act 1980 (c. 23) (power to impose fees in respect of the carrying out of consular functions), after subsection (4) insert—

"(4A) In prescribing a fee under subsection (1) for the doing of a particular thing, Her Majesty in Council may take into account—

(a) the expenses that will be or have been incurred in doing that thing, both in the circumstances in relation to which the fee is prescribed and in other circumstances;

(b) the expenses that will be or have been incurred in doing such other things in the exercise of functions mentioned in that subsection as She thinks fit; and

(c) such differences between different persons in relation to whom that thing may be done as She thinks fit.

(4B) The power of Her Majesty in Council under subsection (1) to prescribe fees and the power of the Secretary of State under subsection (3) to make regulations each includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as
the person exercising the power thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as that person thinks fit."

EXPLANATORY NOTES

Clause 38: Amendment of Consular Fees Act

197. Clause 38 amends Section 1(4) of the Consular Fees Act 1980, to allow flexibility in the setting of fees for the carrying out of consular functions which includes the setting of passport fees. The amendment provides a power to set different levels of fees for different cases and to make exceptions for different types of case including an exemption from any fee. This would enable the cross-subsidy of passport fees between fees charged to different applicants. For example, this provision will provide a statutory basis for the issue of free passports which has already been introduced for those born on or before 2 September 1929 to be subsidised by charges made for other passports.

198. Clause 45(5) provides for this clause to come into force two months after this Bill is passed.

EXPLANATORY NOTES

Clause 38: Amendment of Consular Fees Act

198. Clause 45(5) provides for this clause to come into force two months after this Bill is passed.

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39 Verifying information provided with passport applications etc.

Provisions relating to passports

39 Verifying information provided with passport applications etc.

(1) Where it appears to the Secretary of State that a person on whom a requirement
may be imposed under this section may have information in his possession which could be used—

(a) for verifying information provided to the Secretary of State for the purposes of, or in connection with, an application for the issue of a passport, or

(b) for determining whether to withdraw an individual’s passport, the Secretary of State may require that person to provide him with the information.

(2) It shall be the duty of a person who—

(a) is required to provide information under this section, and

(b) has the information in his possession, to comply with the requirement within whatever period is specified in the requirement.

(3) A requirement may be imposed under this section on—

(a) a Minister of the Crown;

(b) a government department;

(c) a Northern Ireland department;

(d) the National Assembly for Wales; or

(e) any person not falling within paragraph (a) to (d) who is specified for the purposes of this section in an order made by the Secretary of State.

(4) The persons who may be specified in an order under subsection (3)(e) include any person who carries out functions conferred by or under an enactment that fall to be carried out on behalf of the Crown.

(5) The power of the Secretary of State to make an order specifying a person as a person on whom a requirement may be imposed under this section includes power to provide —

(a) that his duty to provide the information that he is required to provide is owed to the person imposing it; and

(b) that the duty is enforceable in civil proceedings—

(i) for an injunction;

(ii) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(iii) for any other appropriate remedy or relief.

(6) The Secretary of State may, in such cases (if any) as he thinks fit, make payments to a person providing information in accordance with this section in respect of the provision of the information.

(7) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

EXPLANATORY NOTES

Provisions relating to passports

Clause 39: Verifying information provided with passport applications etc.

199. This clause deals with the provisions necessary to permit data to be shared for the purposes of verifying information provided in relation to an application for a passport or the withdrawal of a passport. It mirrors the provision in respect of ID cards made in clause 11.

200. Subsection (1) places a duty on a person to provide information to the Secretary of State for the purposes of verifying information related to an application for a passport and/or a decision to withdraw an individual's passport.

201. This obligation is mandatory (subsection (2)) and over-rides other obligations under which the person may hold that information. Subsection (2) also enables the information to be required within a specified timescale.

202. Subsection (3) sets out that the requirement may be imposed on a Minister, government department, Northern Ireland department, National Assembly for Wales or any person specified for the purposes in an order made by the Secretary of State.

203. Subsection (4) clarifies that the persons who may be specified in an order includes anyone carrying out statutory functions that are carried out on behalf of the Crown.

204. Subsection (5) provides that there is a duty on the individual to provide the information and this may be enforced via civil court proceedings. In the case of public authorities, normal public law remedies such as judicial review will apply.

205. Subsection (6) enables the Secretary of State to pay those whom he is requiring information to be provided from.

206. The order making provision to require information is subject to the affirmative resolution procedure (subsection (7)).

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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.

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41 Orders and regulations

Supplemental

41 Orders and regulations

(1) Every power conferred by this Act on the Secretary of State or the National Assembly for Wales to make an order or regulations is a power exercisable by statutory instrument.

(2) The following powers are powers exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))—

(a) the power of a Northern Ireland department to make regulations under section 15; and

(b) the power of the Office of the First Minister and deputy First Minister to make an order under section 16(1)(b) designating a Northern Ireland department for the purposes of the power to make such regulations.

(3) Subject to subsection (7), a statutory instrument containing an order or regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subject to subsection (7), every power conferred by this Act on a person to make an order or regulations includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as that person thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as that person thinks fit.

(5) The power of the Secretary of State under subsection (4) to make consequential provision in connection with a modification of Schedule 1 by an order under section 3(5) includes power—

(a) to make consequential modifications of any reference in this Act to a paragraph of that Schedule; and

(b) in connection with that modification, to amend section 14(2) and (3) in such manner as he thinks fit.

(6) Any power to make provision by regulations under this Act for the approval of a person or of apparatus includes power to provide—

(a) for the grant of an approval subject to prescribed conditions;

(b) for the modification of such conditions in the prescribed manner; and

(c) for the suspension or withdrawal of an approval.

(7) Subsection (3) does not apply to a statutory instrument which—

(a) comprises an order under section 45 bringing a provision of this Act into force; or

(b) makes provision by reference to which a draft of the order or regulations contained in the instrument is required to have been laid before Parliament and approved by a resolution of each House; and subsection (4) does not apply to the power to make an order under section 45 bringing a provision of this Act into force.

EXPLANATORY NOTES

Supplemental

Clause 41: Orders and regulations

213. This clause provides how orders and regulations are to be made. This will be through a negative resolution procedure except in cases specifically provided for in the Bill.

214. Subsection (4) enables provisions to differ for different cases, with exemptions and exceptions. For example, regulations may allow different application procedures for groups such as the very elderly or those with mental health problems.

215. Subsection (5) is necessary so that where amendments are made to Schedule 1, consequential changes may be made to where references are made in the Act to that part of the Schedule and to clauses 14(2) and 14(3).

216. Subsection (6) sets out in more detail what the power for the approval of a person or of apparatus (the accreditation system) provides. This includes the granting of an approval subject to specific conditions (e.g. that the organisation maintains an agreed level of security) which may be modified as well as the suspension or withdrawal of an approval (e.g. where the organisation has misused the verification service).

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42 Expenses of Secretary of State

42 Expenses of Secretary of State

There shall be paid out of money provided by Parliament—

(a) any sums authorised or required to be paid by the Secretary of State for or in connection with the carrying out of his functions under this Act; and

(b) any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

EXPLANATORY NOTES

The only clause with no explanatory notes ! Is it really that clear and easily understood ?

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43 General interpretation

43 General interpretation

(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.

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.

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

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);'.

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);'.

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

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44 Scotland

44 Scotland

(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.

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).

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45 Short title, repeals, commencement, transitory provision and extent

45 Short title, repeals, commencement, transitory provision and extent

(1) This Act may be cited as the Identity Cards Act 2005.

(2) The enactments in Schedule 2 are repealed to the extent shown in the second column of that Schedule.

(3) This Act (apart from this section and sections 38 and 39) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(4) The power to bring provisions of this Act into force on different days for
different purposes includes power—

(a) to bring provisions into force on different days in relation to different areas or descriptions of persons;

(b) to bring provisions into force in relation to a specified area or a specified description of persons for the purpose of conducting a trial of the arrangements under which the provisions will have effect when brought into force in relation to other areas or descriptions of persons; and

(c) power to make transitional provision in connection with the bringing into force of any provision of this Act following the conduct of such a trial.

(5) Sections 38 and 39 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(6) In relation to times before the Serious Organised Crime Agency begins to carry out its functions, section 19(2) is to have effect as if for paragraph (d) and the word "or" immediately preceding it, there were substituted—

"(d) the provision of information to the Director General of the National Criminal Intelligence Service for purposes connected with the carrying out of any of that Service’s functions; or

(e) the provision of information to the Director General of the National Crime Squad for purposes connected with the carrying out of any of that Squad’s functions."

(7) Her Majesty may by Order in Council provide for provisions of this Act to extend with such modifications (if any) as She thinks fit to any of the Channel Islands or to the Isle of Man.

(8) Section 41(4) applies to the power of Her Majesty in Council to make an Order in Council under subsection (7) as it applies to the power of any other person to make an order under this Act.

(9) This Act extends to Northern Ireland.

EXPLANATORY NOTES

Clause 45: Short title, repeals, commencement and extent

222. This clause allows the preceding provisions of the Bill to be brought into force by order made by the Secretary of State. Different parts of the Bill may come into force on different dates.

223. Subsection (5) provides that clauses 38 and 39 (amendments relating to passport fees and data-sharing powers for passport applications) shall come into force two months after the Act is passed.

224. Subsection (4) clarifies that this includes a power to enable roll-out of the scheme to be undertaken by geographical areas; and that a trial may be undertaken in relation to particular areas or persons. This subsection includes a power to make transitional provisions for between the trial stage and the full commencement of the scheme.

225. Subsection (6) provides an extension power so that clauses may be applied to the Channel Islands or to the Isle of Man via Order in Council.

226. The Bill extends to Northern Ireland (Subsection (8)).

Amendments up to and including Friday 14th January 2005 page 6
Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown
Clause 45, page 38, line 9, after 'the', insert 'National Registration and'.

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Schedule 1

Schedules

Schedule 1

Section 3

Information that may be recorded in Register

EXPLANATORY NOTES

Schedule 1: Information that may be recorded in Register

227. Schedule 1 sets out the information that may be recorded in the Register. This includes:

personal information - names, date and place of birth, gender, addresses;
identifying information - photograph, signature, fingerprint, other biometric information;

residential status - nationality, entitlement to remain, terms and conditions of that entitlement;

personal reference numbers - for example the National Identity Registration Number and other government issued numbers, and validity periods of related documents;

record history -information previously recorded, audit trail of changes and date of death;

registration and ID card history - dates of: application, changes to information, confirmation; information regarding: other ID cards already issued, details of counter-signatures, notification under clause 13(1) and requirements to surrender an ID card;

validation information - information provided for any application, modification, confirmation or issue; other steps taken in connection with an application or otherwise for identifying the applicant and verifying the information; particulars of any other steps for ensuring there is an accurate entry in the Register; and particulars of notification of changes;

security information - personal identification numbers, password or other codes, and questions and answers that could be used to identify a person seeking provisions of information or the modification of an entry; and

records of provision of information - how and when any information from an entry was provided to any person or body.

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

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown
Schedule 1, page 39, line 13, leave out sub-paragraph (g).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Schedule 1, page 39, line 15, leave out sub-paragraph (h).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Schedule 1, page 39, line 15, leave out 'whether'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Schedule 1, page 39, line 15, leave out 'or elsewhere'.
Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown
Schedule 1, page 39, line 20, leave out sub-paragraph (b).
John Robertson

*Schedule 1, page 39, line 22, at end insert 'as set out in regulations'.

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Schedule 1, page 39, line 32, leave out sub-paragraphs (a) and (b) and insert—

'(a) his National Identity Registration Number and ID card number, which shall be the same;'.

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown
Schedule 1, page 40, line 17, leave out sub-paragraph (l).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Schedule 1, page 40, line 20, leave out sub-paragraph (m).

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Schedule 1, page 41, line 10, leave out sub-paragraph (g).

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

Schedule 1, page 42, leave out lines 1 to 9.

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December 12, 2004

S(1) 1 Personal information

Personal information

1 The following may be recorded in an individual’s entry in the Register—

(a) his full name;

(b) other names by which he is or has been known;

(c) his date of birth;

(d) his place of birth;

(e) his gender;

(f) the address of his principal place of residence in the United Kingdom;

(g) the address of every other place in the United Kingdom where he has a place of residence;

(h) addresses (whether in the United Kingdom or elsewhere) where he has previously resided at any time during a prescribed period.

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S(1) 2 Identifying information

Identifying information

2 The following may be recorded in an individual’s entry in the Register

(a) a photograph of his head and shoulders;

(b) his signature;

(c) his fingerprints;

(d) other biometric information about him.

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S(1) 3 Residential status

Residential status

3 The following may be recorded in an individual’s entry in the Register

(a) his nationality;

(b) his entitlement to remain in the United Kingdom;

(c) where that entitlement derives from a grant of leave to enter or remain in the United Kingdom, the terms and conditions of that leave.

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S(1) 4 Personal reference numbers etc

Personal reference numbers etc.

4 (1) The following may be recorded in an individual’s entry in the Register

(a) his National Identity Registration Number;

(b) the number of any ID card issued to him;

(c) any national insurance number allocated to him;

(d) the number of any immigration document relating to him;

(e) the number of any United Kingdom passport (within the meaning of the Immigration Act 1971 (c. 77)) that has been issued to him;

(f) the number of any passport issued to him by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(g) the number of any document that can be used by him (in some or all circumstances) instead of a passport;

(h) the number of any identity card issued to him by the authorities of a country or territory outside the United Kingdom;

(i) any reference number allocated to him by the Secretary of State in connection with an application made by him for permission to enter or to remain in the United Kingdom;

(j) the number of any work permit (within the meaning of the Immigration Act 1971) relating to him;

(k) any driver number given to him by a driving licence;

(l) the number of any designated document which is held by him and is a document the number of which does not fall within any of the preceding sub-paragraphs;

(m) the date of expiry or period of validity of a document the number of which is recorded by virtue of this paragraph.

(2) In this paragraph "immigration document" means

(a) a document used for confirming the right of a person under the Community Treaties in respect of entry or residence in the United Kingdom;

(b) a document which is given in exercise of immigration functions and records information about leave granted to a person to enter or to remain in the United Kingdom; or

(c) a registration card (within the meaning of section 26A of the
Immigration Act 1971);

and in paragraph (b) "immigration functions" means functions under the Immigration Acts (within the meaning of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)).

(3) In this paragraph "driving licence" means

(a) a licence to drive a motor vehicle granted under Part 3 of the Road
Traffic Act 1988 (c. 52); or

(b) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

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S(1) 5 Record history

Record history

5 The following may be recorded in an individual’s entry in the Register

(a) information falling within the preceding paragraphs that has previously been recorded about him in the Register;

(b) particulars of changes affecting that information and of changes made to his entry in the Register;

(c) his date of death.

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S(1) 6 Registration and ID card history

Registration and ID card history

6 The following may be recorded in an individual’s entry in the Register

(a) the date of every application for registration made by him;

(b) the date of every application by him for a modification of the contents of his entry;

(c) the date of every application by him confirming the contents of his entry (with or without changes);

(d) the reason for any omission from the information recorded in his entry;

(e) particulars (in addition to its number) of every ID card issued to him;

(f) whether each such card is in force and, if not, why not;

(g) particulars of every person who has countersigned an application by him for an ID card or a designated document, so far as those particulars were included on the application;

(h) particulars of every notification given by him for the purposes of regulations under section 13(1) (lost, stolen and damaged ID cards etc.);

(i) particulars of every requirement by the Secretary of State for the individual to surrender an ID card issued to him.

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S(1) 7 Validation information

Validation information

7 The following may be recorded in the entry in the Register for an individual

(a) the information provided in connection with every application by him to be entered in the Register, for a modification of the contents of his entry or for the issue of an ID card;

(b) the information provided in connection with every application by him confirming his entry in the Register (with or without changes);

(c) particulars of the steps taken, in connection with an application mentioned in paragraph (a) or (b) or otherwise, for identifying the applicant or for verifying the information provided in connection with the application;

(d) particulars of any other steps taken or information obtained (otherwise than in connection with an application mentioned in paragraph (a) or (b)) for ensuring that there is a complete, up-to-date and accurate entry about that individual in the Register;

(e) particulars of every notification given by that individual for the purposes of section 12.

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S(1) 8 Security information

Security information

8 The following may be recorded in the entry in the Register for an individual

(a) a personal identification number to be used for facilitating the
making of applications for information recorded in his entry, and for facilitating the provision of the information;

(b) a password or other code to be used for that purpose or particulars of a method of generating such a password or code;

(c) questions and answers to be used for identifying a person seeking to make such an application or to apply for or to make a modification of that entry.

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S(1) 9 Records of provision of information

Records of provision of information

9 The following may be recorded in the entry in the Register for an individual

(a) particulars of every occasion on which information contained in the individual’s entry has been provided to a person;

(b) particulars of every person to whom such information has been provided on such an occasion;

(c) other particulars, in relation to each such occasion, of the provision of the information.

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Schedule 2

Schedule 2

Section 45

Repeals

Short title and chapter Extent of repeal

Forgery and Counterfeiting Act 1981 (c. 45) In section 5—
(a) subsection (5)(f) and (fa);and
(b) subsections (9) to (11).

Asylum and Immigration Section 3.
(Treatment of Claimants, etc.) In section 14(2), the word "and" Act 2004 (c. 19) at the end of
paragraph (o).

EXPLANATORY NOTES

Schedule 2: Repeals

228. Repeals can be found in Schedule 2 of the Bill.

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Identity Cards Bill (2004)

Identity Cards Bill 2004 N.B. the May 2005 re-introduced Bill is almost the same. We are working on an updated blog for this.

December 06, 2004

Identity Cards Bill - contents

1 The National Identity Register

2 Individuals entered in Register

3 Information recorded in Register

4 Designation of documents for purposes of registration etc.

5 Applications relating to entries in Register

December 07, 2004

6 Power of Secretary of State to require registration

7 Procedure for orders under s. 6

8 Issue etc. of ID cards

9 Renewal of ID cards for those compulsorily registered

10 Functions of persons issuing designated documents

11 Power to require information for validating Register

12 Notification of changes affecting accuracy of Register

13 Invalidity and surrender of ID cards

14 Use of information for verification or otherwise with consent

15 Power to make public services conditional on identity checks

16 Procedure for regulations under s. 15

17 Power to provide for checks on the Register

18 Prohibition on requirements to produce identity cards

19 Use for purposes of public authorities etc.

20 Further uses connected with the prevention and detection of crime

21 Use for correcting inaccurate or incomplete information

22 Power to authorise other uses of information

23 Rules for using information without individual's consent

December 08, 2004

24 Appointment of National Identity Scheme Commissioner

25 Reports by Commissioner

26 Jurisdiction of Intelligence Services Commissioner and Tribunal

27 Possession of false identity documents etc.

28 Identity documents for the purposes of s. 27

29 Unauthorised disclosure of information

30 Providing false information

31 Tampering with the Register etc.

32 Amendments relating to offences

33 Imposition of civil penalties

34 Objection to penalty

35 Appeals against penalties

36 Code of practice on penalties

December 09, 2004

37 Fees in respect of functions carried out under Act

38 Amendment of Consular Fees Act 1980

39 Verifying information provided with passport applications etc.

40 Amendments of legislation relating to passports

41 Orders and regulations

42 Expenses of Secretary of State

43 General interpretation

44 Scotland

45 Short title, repeals, commencement, transitory provision and extent

Schedule 1

December 12, 2004

S(1) 1 Personal information

S(1) 2 Identifying information

S(1) 3 Residential status

S(1) 4 Personal reference numbers etc

S(1) 5 Record history

S(1) 6 Registration and ID card history

S(1) 7 Validation information

S(1) 8 Security information

S(1) 9 Records of provision of information

Schedule 2

Identity Cards Bill 2004
N.B. the May 2005 re-introduced Bill is almost the same.
We are working on an updated blog for this.