|
| |
|
(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; |
| 5 |
| 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— |
| 10 |
(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. |
| |
9 | ID cards for those compulsorily registered |
| 15 |
(1) | This section applies where an individual— |
| |
(a) | is subject to compulsory registration; and |
| |
(b) | is entered in the Register. |
| |
| |
(a) | holds a valid ID card that is due to expire within the prescribed period, |
| 20 |
| |
(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 |
| 25 |
specified in subsection (4) as the Secretary of State thinks fit for the purpose |
| |
| |
(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. |
| 30 |
(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; |
| 35 |
(d) | otherwise to provide such information as may be required by the |
| |
| |
(5) | An individual who contravenes— |
| |
(a) | a requirement imposed by subsection (2), or |
| |
(b) | a requirement imposed under subsection (3), |
| 40 |
| shall be liable to a civil penalty not exceeding £1,000. |
| |
10 | Functions of persons issuing designated documents |
| |
(1) | A designated documents authority may issue a designated document to an |
| |
| |
|
| |
|
| |
|
(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 |
| 5 |
Register or the confirmation (with or without changes) of the contents |
| |
| |
(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 |
| 10 |
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 |
| 15 |
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 |
| 20 |
document that was issued together with an ID card— |
| |
(a) | is modified, suspended or revoked; or |
| |
(b) | is required to be surrendered. |
| |
Maintaining accuracy of Register etc. |
| |
11 | Power to require information for validating Register |
| 25 |
(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 |
| 30 |
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 |
| 35 |
| |
(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 |
| 40 |
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. |
| 45 |
(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 |
| |
| |
(4) | A requirement may be imposed under this section on any person specified for |
| 5 |
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; |
| 10 |
(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 |
| 15 |
| |
(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— |
| |
| 20 |
(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 |
| 25 |
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. |
| 30 |
12 | Notification of changes affecting accuracy of Register |
| |
(1) | An individual to whom an ID card has been issued must notify the Secretary |
| |
| |
(a) | every prescribed change of circumstances affecting the information |
| |
recorded about him in the Register; and |
| 35 |
(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 the individual in question becomes aware of the error. |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | otherwise ensuring that there is a complete, up-to-date and accurate |
| |
entry about that individual in the Register. |
| 5 |
(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; |
| 10 |
(d) | otherwise to provide such information as may be required by the |
| |
| |
(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. |
| 15 |
(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. |
| |
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 |
| 20 |
knows or has reason to suspect that the card has been— |
| |
| |
| |
| |
| 25 |
| |
(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 |
| |
| |
(b) | that the card has been lost, stolen, damaged, tampered with or |
| 30 |
| |
(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 |
| 35 |
(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, |
| 40 |
| 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 |
| 5 |
period as he may specify. |
| |
(5) | Where an ID card has to be surrendered under subsection (3) or (4), it must be |
| |
| |
(a) | to the Secretary of State; or |
| |
(b) | in the case of a card issued by a designated documents authority, either |
| 10 |
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), |
| |
| shall be liable to a civil penalty not exceeding £1,000. |
| 15 |
| |
(a) | references to a card having been damaged include references to |
| |
anything in or on it being, or having become, unreadable or otherwise |
| |
| |
(b) | references to a card having been tampered with include references to |
| 20 |
information in or on it having been modified for an unlawful purpose, |
| |
or copied or otherwise extracted for such a purpose. |
| |
(8) | 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 |
| |
| 25 |
(a) | by virtue of any order under section 40, or |
| |
(b) | by any enactment relating to the surrender of any other document. |
| |
| |
Provision of information from Register for verification purposes etc. |
| |
14 | Use of information for verification or otherwise with consent |
| 30 |
(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 |
| 35 |
| |
(2) | The only information about an individual that may be provided to a person |
| |
| |
(a) | information about the individual falling within paragraph 1, 3 or 4 of |
| |
Schedule 1 (name, date and place of birth, gender and addresses, |
| 40 |
residential status, identifying numbers and validity of identifying |
| |
| |
(b) | the information contained in any photograph of the individual |
| |
recorded in the Register; |
| |
(c) | the information about the individual’s signature that is so recorded; |
| 45 |
|
| |
|
| |
|
(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 the individual’s request; |
| |
(f) | the questions recorded by virtue of paragraph 8 of Schedule 1 for use |
| 5 |
for the purposes of applications for information about the 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 |
| 10 |
(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; |
| 15 |
(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. |
| 20 |
(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 |
| |
| 25 |
(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. |
| 30 |
(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) |
| 35 |
are for the time being approved by the Secretary of State in the |
| |
| |
(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 |
| 40 |
| |
(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 |
| |
| 45 |
(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 |
| |
| |
| |
15 | Power to make public services conditional on identity checks |
| |
(1) | Regulations may make provision allowing or requiring a person who provides |
| 5 |
a public service to make it a condition of providing the service to an individual |
| |
that the individual produces— |
| |
| |
(b) | other evidence of registrable facts about himself; or |
| |
| 10 |
(2) | Regulations under this section may not allow or require the imposition of a |
| |
| |
(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 |
| 15 |
| |
| except in cases where the individual is of a description of individuals who are |
| |
subject to compulsory registration. |
| |
(3) | Nothing in this section authorises the making of regulations the effect of which |
| |
would be to require an individual— |
| 20 |
(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. |
| |
16 | Procedure for regulations under s. 15 |
| 25 |
(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 |
| |
| |
(b) | in relation to the provision of Northern Ireland public services, by a |
| |
Northern Ireland department designated for the purpose by order |
| 30 |
made by the Office of the First Minister and deputy First Minister; and |
| |
(c) | so far as not exercisable by any other person under paragraph (a) or (b), |
| |
by the Secretary of State. |
| |
| |
(a) | the reference to the provision of Welsh public services is a reference to |
| 35 |
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 |
| |
| |
(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 |
| 40 |
as their provision is a transferred matter (within the meaning of section |
| |
4(1) of the Northern Ireland Act 1998 (c. 47)). |
| |
|
| |
|