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Other Bills before Parliament

Identity Cards Bill


Identity Cards Bill

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(b)   

in connection with that modification, to amend section 14(2) and (3) in

such manner as he thinks fit.

(7)   

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;

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(b)   

for the modification of such conditions in the prescribed manner; and

(c)   

for the suspension or withdrawal of an approval.

(8)   

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

10

(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.

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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

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(b)   

any increase attributable to this Act in the sums which are payable out

of money so provided under any other Act.

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General interpretation

(1)   

In this Act—

“apparatus” includes any equipment, machinery or device and any wire

25

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

30

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

35

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);

40

“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

45

accordance with subsection (9);

 
 

Identity Cards Bill

37

 

“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

5

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;

10

“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

15

expressions are to be construed accordingly;

“necessary in the public interest” is to be construed in accordance with

section 1(4);

“place of residence” and “resides” are to be construed subject to any

regulations under subsection (10);

20

“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);

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“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

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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);

“subject to compulsory registration” means required by virtue of section

6 to be entered in the Register;

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“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

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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

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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

 
 

Identity Cards Bill

38

 

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

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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

10

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

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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

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(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

25

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

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to an individual—

(a)   

as a place where he resides; or

(b)   

as his principal place of residence in the United Kingdom.

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Scotland

(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,

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.

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(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—

45

 
 

Identity Cards Bill

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(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

5

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.

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

10

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

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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

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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

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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)   

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

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Islands or to the Isle of Man.

(7)   

Section 41(4) applies to the power of Her Majesty in Council to make an Order

in Council under subsection (6) as it applies to the power of any other person

to make an order under this Act.

(8)   

This Act extends to Northern Ireland.

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Revised 22 July 2005