|
| |
|
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 |
| 5 |
| |
(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 |
| 10 |
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 |
| 15 |
(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)); |
| 20 |
(b) | the imposition of civil penalties, objections to such penalties or appeals |
| |
| |
(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 |
| 25 |
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; |
| 30 |
(f) | the operation of this section and section 25; or |
| |
(g) | arrangements made for the purposes of anything mentioned in |
| |
| |
(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 |
| 35 |
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. |
| 40 |
(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. |
| 45 |
(7) | In this section “intelligence service” has the same meaning as in the Regulation |
| |
of Investigatory Powers Act 2000 (c. 23). |
| |
|
| |
|
| |
|
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 |
| 5 |
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, |
| 10 |
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 |
| |
| |
(b) | would be otherwise contrary to the public interest, |
| 15 |
| 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 |
| 20 |
has been excluded from the report under that subsection. |
| |
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 |
| |
| 25 |
“(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 |
| 30 |
| |
(c) | arrangements made by the Secretary of State or any of the |
| |
intelligence services for the purposes of anything mentioned in |
| |
| |
(3) | In section 65(2)(b) (complaints in relation to which Tribunal has jurisdiction), |
| 35 |
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 |
| 40 |
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 |
| 5 |
| |
(b) | the acquisition, storage or use of such information by any of the |
| |
| |
| |
27 | Possession of false identity documents etc. |
| 10 |
(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 |
| |
| |
(b) | an identity document that was improperly obtained and that he knows |
| 15 |
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 |
| |
| 20 |
(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 |
| 25 |
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 |
| 30 |
| |
(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. |
| 35 |
(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 |
| 40 |
(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 |
| 5 |
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 |
| 10 |
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. |
| 15 |
(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 |
| |
| |
(b) | an identity document was improperly obtained if false information was |
| 20 |
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. |
| 25 |
(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. |
| |
28 | Identity documents for the purposes of s. 27 |
| |
(1) | In section 27 “identity document” means any document that is, or purports to |
| |
| 30 |
| |
(b) | a designated document; |
| |
(c) | an immigration document; |
| |
(d) | a United Kingdom passport (within the meaning of the Immigration |
| |
| 35 |
(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 |
| |
| 40 |
(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 |
| 45 |
Community Treaties in respect of entry or residence in the United |
| |
| |
|
| |
|
| |
|
(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)); |
| 5 |
| 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 |
| 10 |
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 |
| |
| 15 |
(4) | The Secretary of State may by order modify the list of documents in subsection |
| |
| |
(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 |
| 20 |
resolution of each House. |
| |
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 |
| |
| 25 |
(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 |
| |
| 30 |
(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; |
| 35 |
(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). |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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, |
| |
| |
30 | Providing false information |
| |
(1) | A person is guilty of an offence if, in circumstances falling within subsection |
| 5 |
(2), he provides false information to any person — |
| |
(a) | for the purpose of securing the making or modification of an entry in |
| |
| |
(b) | in confirming (with or without changes) the contents of an entry in the |
| |
| 10 |
(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 |
| |
| |
(a) | knows or believes the information to be false; or |
| 15 |
(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 |
| 20 |
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; |
| 25 |
| 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. |
| |
31 | Tampering with the Register etc. |
| |
(1) | A person is guilty of an offence under this section if— |
| 30 |
(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— |
| 35 |
(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 |
| 40 |
| |
(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 |
| 45 |
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 |
| |
| |
(4) | It is immaterial for the purposes of this section— |
| |
(a) | whether the conduct constituting the offence, or any of it, took place in |
| |
| 5 |
(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 |
| 10 |
(b) | he does not have a consent to the modification from a person who is so |
| |
| |
(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; |
| 15 |
(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 |
| 20 |
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 |
| 25 |
or partly outside the United Kingdom— |
| |
(a) | proceedings for the offence may be taken at any place in the United |
| |
| |
(b) | the offence may for all incidental purposes be treated as having been |
| |
committed at any such place. |
| 30 |
| |
“conduct” includes acts and omissions; and |
| |
“modification” includes a temporary modification. |
| |
32 | Amendments relating to offences |
| |
(1) | In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable |
| 35 |
offences), at the end insert— |
| |
| |
| |
(a) | section 27(5) of the Identity Cards Act 2005 (possession of |
| |
| 40 |
(b) | section 29 of that Act (disclosure of information on National |
| |
| |
(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 |
| |
|
| |
|