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41 | Orders and regulations |
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(1) | Every power conferred by this Act on the Secretary of State or the National |
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Assembly for Wales to make an order or regulations is a power exercisable by |
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(2) | The following powers are powers exercisable by statutory rule for the purposes |
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of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 |
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(a) | the power of a Northern Ireland department to make regulations under |
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(b) | the power of the Office of the First Minister and deputy First Minister |
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to make an order under section 16(1)(b) designating a Northern Ireland |
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department for the purposes of the power to make such regulations. |
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(3) | Subject to subsection (8), a statutory instrument containing an order or |
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regulations made by the Secretary of State under this Act shall be subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(4) | Subject to subsection (8), every power conferred by this Act on a person to |
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make an order or regulations includes power— |
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(a) | to make different provision for different cases; |
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(b) | to make provision subject to such exemptions and exceptions as that |
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(c) | to make such incidental, supplemental, consequential and transitional |
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provision as that person thinks fit. |
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(5) | The power under subsection (4) to make incidental, supplemental and |
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consequential provision in connection with so much of any order or |
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regulations as authorises or requires anything to be done by or in relation to an |
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individual under the age of 16 includes power to provide— |
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(a) | for the designation of a person to act on that individual’s behalf for the |
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(b) | for that individual’s obligations and liabilities by virtue of this Act to |
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fall, in the manner and to the extent specified, on the person designated; |
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(c) | for section 12 to have effect (even where that individual is not issued |
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with an ID card) as if obligations arising under that section where an ID |
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card has been issued fell to be discharged in relation to that individual |
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by the person designated. |
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(6) | The power of the Secretary of State under subsection (4) to make supplemental |
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and consequential provision in connection with a modification of Schedule 1 |
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made by an order under section 3(5) includes power— |
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(a) | to make modifications of any reference in this Act to a paragraph of that |
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(b) | in connection with that modification, to amend section 14(2) and (3) in |
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such manner as he thinks fit. |
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(7) | Any power to make provision by regulations under this Act for the approval |
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of a person or of apparatus includes power to provide— |
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(a) | for the grant of an approval subject to prescribed conditions; |
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(b) | for the modification of such conditions in the prescribed manner; and |
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(c) | for the suspension or withdrawal of an approval. |
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(8) | Subsection (3) does not apply to a statutory instrument which— |
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(a) | comprises an order under section 45 bringing a provision of this Act |
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(b) | makes provision by reference to which a draft of the order or |
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regulations contained in the instrument is required to have been laid |
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before Parliament and approved by a resolution of each House; |
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| and subsection (4) does not apply to the power to make an order under section |
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45 bringing a provision of this Act into force. |
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42 | Expenses of Secretary of State |
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There shall be paid out of money provided by Parliament— |
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(a) | any sums authorised or required to be paid by the Secretary of State for or in |
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connection with the carrying out of his functions under this Act; and |
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(b) | any increase attributable to this Act in the sums which are payable out of |
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money so provided under any other Act. |
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43 | General interpretation |
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“apparatus” includes any equipment, machinery or device and any wire |
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or cable, together with any software used with it; |
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“biometric information”, in relation to an individual, means data about |
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his external characteristics, including, in particular, the features of an |
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iris or of any other part of the eye; |
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“card” includes a document or other article, or a combination of a |
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document and an article, in or on which information is or may be |
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“the Commissioner” means the National Identity Scheme Commissioner |
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appointed under section 24; |
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“confirm”, in relation to the contents of an individual’s entry in the |
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Register, is to be construed in accordance with subsection (4); |
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“contravention” includes a failure to comply, and cognate expressions are |
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to be construed accordingly; |
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“crime” means a crime within the meaning of the Regulation of |
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Investigatory Powers Act 2000 (c. 23) (see section 81(2) of that Act); |
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“designated document” means a document of a description designated |
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for the purposes of this Act by an order under section 4; |
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“designated documents authority” means a person with the power or |
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duty to issue a designated document; |
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“detection”, in relation to crime or serious crime, is to be construed in |
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accordance with subsection (9); |
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“document” includes a stamp or label; |
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(a) | a provision of Northern Ireland legislation; and |
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(b) | enactments passed or made after the passing of this Act; |
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“false”, in relation to information, includes containing any inaccuracy or |
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omission that results in a tendency to mislead (and is to be construed |
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subject to section 3(3)); |
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“fingerprint”, in relation to an individual, means a record (in any form |
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and produced by any method) of the skin pattern and other physical |
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characteristics or features of any of his fingers; |
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“ID card” is to be construed in accordance with section 8(1); |
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“information” includes documents and records; |
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“issue”, in relation to a document or card, and cognate expressions are to |
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be construed in accordance with subsection (5); |
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“modification” includes omission, addition or alteration, and cognate |
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expressions are to be construed accordingly; |
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“necessary in the public interest” is to be construed in accordance with |
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“place of residence” and “resides” are to be construed subject to any |
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regulations under subsection (10); |
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“prescribed” means prescribed by regulations made by the Secretary of |
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State or determined in accordance with such regulations by the |
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“public authority” has the same meaning as in section 6 of the Human |
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“public service” is to be construed in accordance with subsection (2); |
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“the Register” means the National Identity Register established and |
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maintained under section 1; |
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“registrable fact” has the meaning given by section 1(5); |
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“serious crime” means crime that is serious crime within the meaning of |
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the Regulation of Investigatory Powers Act 2000 (c. 23) (see section |
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81(2) and (3) of that Act); |
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“statutory purposes” means the purposes specified in section 1(3); |
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“subject to compulsory registration” means required by virtue of section |
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6 to be entered in the Register; |
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“subordinate legislation” has the same meaning as in the Interpretation |
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(2) | References in this Act to the provision of a public service are references to— |
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(a) | the provision of any service to an individual by a public authority; |
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(b) | the exercise or performance in relation to an individual of any power or |
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duty of a Minister of the Crown, the Treasury or a Northern Ireland |
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(c) | the doing by any other person of anything in relation to an individual |
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which that other person is authorised or required to do for purposes |
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connected with the carrying out of any function conferred by or under |
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(d) | the provision of any service to an individual under arrangements made |
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(directly or indirectly) between the person providing the service and a |
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public authority who, for purposes connected with the carrying out of |
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a function so conferred on that authority, bears the whole or a part of |
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the expense of providing the service to that individual; or |
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(e) | treating an individual as having complied with a requirement imposed |
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on him by or under any enactment. |
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(3) | References in this Act to an application for the provision of a public service |
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include references to any claim, request or requirement for the provision of the |
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(4) | References in this Act to an individual confirming the contents of his entry in |
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the Register are references to his confirming that entry to the extent only that it |
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consists of information falling within paragraphs 1 to 5 of Schedule 1 or section |
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(5) | References in this Act to the issue of a document or card include references to |
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its renewal, replacement or re-issue (with or without modifications). |
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(6) | References in this Act to a designated document being issued together with an |
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ID card include references to the ID card and the designated document being |
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comprised in the same card. |
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(7) | References in this Act to providing a person with information recorded in an |
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individual’s entry in the Register include references to confirming or otherwise |
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(a) | that the information is recorded in that entry; or |
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(b) | that particular information is not recorded in that entry. |
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(8) | References in this Act to information recorded in an individual’s entry in the |
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Register include references to a password or code generated by a method so |
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(9) | Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (which |
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defines detection) applies for the purposes of this Act as it applies for the |
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purposes of the provisions of that Act that are not in Chapter 1 of Part 1 of that |
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(10) | The Secretary of State may by regulations make provision for the purposes of |
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this Act as to the circumstances in which a place is to be regarded, in relation |
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(a) | as a place where he resides; or |
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(b) | as his principal place of residence in the United Kingdom. |
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(1) | The use in or as regards Scotland of the Register or of a card issued in |
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accordance with this Act is authorised, and is capable of being authorised, |
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(a) | in relation to a matter, or for purposes, outside the legislative |
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competence of the Scottish Parliament; or |
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(b) | in accordance with an Act of that Parliament. |
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(2) | Regulations under section 15 may not allow or require the imposition of a |
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condition in or as regards Scotland on the provision of a public service except |
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where the provision of that service is outside the legislative competence of the |
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(3) | Nothing in this section restricts— |
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(a) | the effect of any provision of this Act authorising information recorded |
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in the Register to be provided to a person; |
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(b) | any power under this Act to make provision authorising such |
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information to be provided to a person; or |
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(c) | any power under this Act to make provision (including provision about |
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the use of ID cards) for purposes connected with the authorisation by |
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virtue of this Act of the provision of such information to a person. |
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