Identity Cards Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Identity Cards Bill

Identity Cards Bill
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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)—
5
(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—
10
“(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—
15
“(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—
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(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).”
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(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;”.
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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.
35
(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
40
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;
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Identity Cards Bill
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(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
5
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
10
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.
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(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.
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
20
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
25
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
30
with this section and may then—
(a)
cancel the penalty;
(b)
reduce it;
(c)
increase it; or
(d)
confirm it.
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(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—
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(a)
before the end of the prescribed period; or
(b)
within such longer period as he may agree with the objector.

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(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.
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Appeals against penalties
(1)
A person on whom a penalty has been imposed under section 33 may appeal
5
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
10
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.
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(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—
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(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
25
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
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(b)
in Scotland, the sheriff.
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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.
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(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.
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(4)
Before issuing the code, the Secretary of State must lay a draft of it before
Parliament.

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(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.
5
(7)
Subsections (4) and (5) apply to a revised code as they apply to the code first
issued under this section.
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,
10
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;
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(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;
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(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—
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(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
30
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
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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
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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
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that thing may be done as he thinks fit.

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(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
5
(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.
10
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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—
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(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
20
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
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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
30
transitional provision as that person thinks fit.”
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
35
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,
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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

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(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;
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(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.
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(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
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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;
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(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
25
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.
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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
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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”
40
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;
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(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
(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;
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(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,
15

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
20
approved by a resolution of each House.
Supplemental
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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
25
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
30
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
35
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;
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(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.