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LORDS amendments to the

Identity Cards Bill

[The page and line references are to HL Bill 28, the bill as first printed for the Lords.]

Clause 1

1

Page 1, line 3, at beginning insert “Subject to section (Commencement: report on costs

 

and benefits),”

2

Page 1, line 10, after “others” insert “who reasonably require proof”

3

Page 1, line 12, leave out “or” and insert “recorded, stored and”

4

Page 2, line 3, leave out “securing the efficient and effective provision of” and insert

 

“preventing illegal or fraudulent access to”

5

Page 2, line 7, leave out paragraphs (b) and (c) and insert—

 

“( )    

the address of his principal place of residence in the United

 

Kingdom;

 

( )    

the address of every other place in the United Kingdom or

 

elsewhere where he has a place of residence;

 

( )    

where in the United Kingdom and elsewhere he has previously

 

been resident;”

6

Page 2, line 27, leave out “physical” and insert “external”

Clause 2

7

Page 3, line 24, leave out “authorised” and insert “that he is authorised to make”

Clause 3

8

Page 3, leave out line 28 and insert—

 

“( )    

Information—

 

(a)    

may be entered in the Register, and

 

(b)    

once entered, may continue to be recorded there,

 

    

only if and for so long as it is consistent with the statutory purposes for it

 

to be recorded in the Register.

 

( )    

Information may not be recorded in the Register unless it is—”

 
 
Bill 12654/1

 
 

2

9

Page 3, line 36, after “information” insert “that must be”

10

Page 3, line 46, at end insert—

 

“( )    

An individual’s entry in the Register must include any information falling

 

within paragraph 9 of Schedule 1 that relates to an occasion on which

 

information contained in his entry has been provided to a person without

 

the individual’s consent.”

11

Page 4, line 9, leave out subsection (4)

12

Page 4, line 14, leave out subsection (6)

13

Page 4, line 21, at end insert—

 

“( )    

A statutory instrument containing an order which—

 

(a)    

contains provisions that the Secretary of State is authorised to make

 

by this section, and

 

(b)    

is not an order a draft of which is required to have been laid before

 

Parliament and approved by a resolution of each House,

 

    

shall be subject to annulment in pursuance of a resolution of either House

 

of Parliament.”

Clause 4

14

Page 4, line 27, leave out paragraphs (a) and (b) and insert “documents which any

 

of the persons mentioned in subsection (2A) is authorised or required to issue,

 

whether by or under an enactment or otherwise.

 

(2A)    

Those persons are—

 

(a)    

a Minister of the Crown;

 

(b)    

a government department;

 

(c)    

a Northern Ireland department;

 

(d)    

the National Assembly for Wales;

 

(e)    

any other person who carries out functions conferred by or under

 

any enactment that fall to be carried out on behalf of the Crown.”

15

Page 4, line 33, leave out from second “provision” to “unless” in line 34 and insert

 

“that he is authorised to make by this section”

Clause 5

16

Page 4, line 44, leave out “must” and insert “may, if the individual so chooses,”

17

Page 5, line 19, after “at” insert “an agreed place and time or (in the absence of

 

agreement) at”

18

Page 5, line 27, at end insert—

 

“( )    

The power of the Secretary of State to make regulations containing (with or

 

without other provision) any provision that he is authorised to make by

 

this section is exercisable, on the first occasion on which regulations are

 

made under this section, only if a draft of the regulations has been laid

 

before Parliament and approved by a resolution of each House.”

Clause 6

19

Leave out Clause 6


 
 

3

 

Clause 7

20

Leave out Clause 7

Clause 8

21

Page 7, line 28, leave out “or is subject to compulsory registration”

22

Page 7, line 42, leave out “must” and insert “may, if the individual so chooses,”

23

Page 8, line 2, leave out from “document” to end of line 4

24

Page 8, line 16, at end insert “or

 

( )    

the registrable facts which are to be relevant for the purposes of

 

subsection (4)(b),”

Clause 9

25

Page 8, line 36, after “at” insert “an agreed place and time or (in the absence of

 

agreement) at”

Clause 10

26

Page 9, line 26, at end insert—

 

“( )    

The Secretary of State must not make regulations containing (with or

 

without other provision) any provision prescribing requirements for the

 

purposes of subsection (2) unless a draft of the regulations has been laid

 

before Parliament and approved by a resolution of each House.”

Clause 11

27

Page 9, line 36, leave out “for being” and insert “to be”

Clause 12

28

Page 11, line 11, after “at” insert “an agreed place and time or (in the absence of

 

agreement) at”

29

Page 11, line 19, at end insert—

 

“( )    

The power of the Secretary of State to make regulations containing (with or

 

without other provision) any provision that he is authorised to make by

 

this section is exercisable, on the first occasion on which regulations are

 

made under this section, only if a draft of the regulations has been laid

 

before Parliament and approved by a resolution of each House.”

Clause 14

30

Page 13, line 28, at insert—

 

“( )    

The power of the Secretary of State by order to modify subsections (2) and

 

(3) does not include—

 

(a)    

power to omit subsection (2); or

 

(b)    

power to add information falling within paragraph 9 of Schedule 1

 

to either of those subsections.”

31

Page 13, line 30, leave out “for the purposes of subsection (1)(a)” and insert “or


 
 

4

 
 

consent for the purposes of subsection (1)”

32

Page 13, line 43, leave out “by the prescribed person in the prescribed manner.”

 

and insert “in the prescribed manner by the person specified in or determined

 

under the regulations.

 

( )    

The power of the Secretary of State under this section to provide

 

information about an individual to another person is exercisable only

 

where the provision of the information is subject to the satisfaction in

 

relation to that other person of conditions imposed under subsection (6)(a)

 

and (b).”

33

Page 13, line 46, leave out “modifying subsection (2) or (3)” and insert “that he is

 

authorised to make by subsection (4)(a)”

Clause 17

34

Page 15, line 37, at end insert—

 

“( )    

Regulations under this section may not authorise the provision to any

 

person of information falling within paragraph 9 of Schedule 1.”

35

Page 16, line 8, leave out “by the prescribed person in the prescribed manner.” and

 

insert “in the prescribed manner by the person specified in or determined under

 

the regulations.

 

( )    

The power of the Secretary of State under this section to provide

 

information about an individual to another person is exercisable only

 

where the provision of the information is subject to the satisfaction in

 

relation to that other person of conditions imposed under subsection (3)(a)

 

and (b).”

Clause 18

36

Page 16, line 22, at end insert—

 

“(A1)    

It shall be unlawful to make it a condition of doing anything in relation to

 

an individual that the individual—

 

(a)    

makes an application under section 14(1) for the provision to him of

 

information recorded in his entry in the Register;

 

(b)    

exercises the right conferred by section 7 of the Data Protection Act

 

1998 (c. 29) to obtain information recorded in his entry in the

 

Register; or

 

(c)    

provides a person with information about what is recorded in his

 

entry in the Register.”

37

Page 16, line 23, after “shall” insert “also”

38

Page 16, line 26, at end insert “in order to secure the provision to another person of

 

information recorded in the individual’s entry in the Register”

39

Page 16, line 32, leave out “such a condition or requirement” and insert “a

 

condition or requirement referred to in subsection (1)”

Clause 19

40

Page 18, line 15, at end insert—


 
 

5

 
 

“( )    

The Secretary of State must not make an order or regulations containing

 

(with or without other provision) any provision that he is authorised to

 

make under this section unless a draft of the order or regulations has been

 

laid before Parliament and approved by a resolution of each House.”

Clause 20

41

Page 18, line 40, leave out “of a person with” and insert “to a person of”

42

Page 19, line 1, leave out “of a person with” and insert “to a person of”

Clause 21

43

Page 19, line 36, leave out “for being” and insert “to be”

Clause 23

44

Page 20, line 42, leave out “by the prescribed person in the prescribed manner.”

 

and insert “in the prescribed manner by the person specified in or determined

 

under the regulations.”

45

Page 21, line 7, at end insert—

 

“( )    

A power of the Secretary of State under any of sections 19 to 22 to provide

 

information about an individual to another person is exercisable only

 

where the provision of the information is subject to the satisfaction in

 

relation to that other person of conditions imposed under subsection

 

(4)(a).”

46

Page 21, line 9, leave out “authorised” and insert “that he is authorised to make”

Clause 24

47

Page 21, line 13, at end insert—

 

“( )    

There shall be a Commissioner appointed by Her Majesty.”

48

Page 21, line 14, leave out “Secretary of State must appoint a Commissioner to” and

 

insert “Commissioner shall”

49

Page 21, line 27, at end insert—

 

“( )    

Where the Commissioner reviews any arrangements in accordance with

 

subsection (2), his review must include, in particular, a review of the extent

 

to which the arrangements make appropriate provision—

 

(a)    

for securing the confidentiality and integrity of information

 

recorded in the Register; and

 

(b)    

for dealing with complaints made to the Secretary of State or a

 

designated documents authority about the carrying out of the

 

functions mentioned in that subsection.”

Clause 25

50

Page 22, line 16, leave out “make a report to the Secretary of State” and insert “lay

 

before each House of Parliament a general report”

51

Page 22, line 18, leave out subsections (2) to (5) and insert—


 
 

6

 
 

“( )    

The Commissioner may also, at any time, lay before Parliament such other

 

reports on any matter relating to the carrying out of those functions as the

 

Commissioner sees fit.

 

( )    

If it appears to the Commissioner, after consultation with the Secretary of

 

State, that the publication of a particular matter contained in a report under

 

this section would be prejudicial to—

 

(a)    

national security, or

 

(b)    

the prevention or detection of crime,

 

    

the Commissioner must exclude that matter from the copy of the report

 

that he lays before Parliament.

 

( )    

Where the Commissioner excludes from publication any matter under the

 

provisions of this section, he must make a report on that matter to the

 

Secretary of State.”

Clause 36

52

Page 31, leave out lines 3 and 4 and insert “must be considered when

 

determining—

 

(a)    

whether a civil penalty should be imposed under this Act; and

 

(b)    

the amount of such a penalty.”

53

Page 31, line 11, at end insert—

 

“(4A)    

Before a draft code under this section is laid before Parliament, the

 

Secretary of State must take such steps as he thinks fit—

 

(a)    

for securing that members of the public in the United Kingdom are

 

informed about the proposed code; and

 

(b)    

for consulting them about it.”

54

Page 31, line 17, after “(4)” insert “, (4A)”

55

Page 31, line 18, at end insert—

 

“( )    

The power of the Secretary of State to make an order containing (with or

 

without other provision) a provision authorised by this section is

 

exercisable, on the first occasion on which an order is made under this

 

section, only if a draft of the order has been laid before Parliament and

 

approved by a resolution of each House.”

56

Page 31, line 18, at end insert—

 

“( )    

A statutory instrument containing an order which—

 

(a)    

contains provisions that the Secretary of State is authorised to make

 

by this section, and

 

(b)    

is not an order a draft of which is required to have been laid before

 

Parliament and approved by a resolution of each House,

 

    

shall be subject to annulment in pursuance of a resolution of either House

 

of Parliament.”

Clause 37

57

Page 32, line 30, leave out “authorised by subsection (1) is exercisable” and insert

 

“that he is authorised to make by subsection (1) is exercisable—

 

(a)    


 
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