06126.1-6

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

<

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 126 54/1

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)
”