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Make provision for and in connection with the repeal of the Identity Cards Act |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Repeal of Identity Cards Act 2006 |
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1 | Repeal of Identity Cards Act 2006 |
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(1) | The Identity Cards Act 2006 is repealed. |
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(a) | sections 25 and 26 of that Act (possession of false identity documents |
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(b) | section 38 of that Act (verifying information provided with passport |
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| are re-enacted (with consequential amendments) by this Act. |
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(3) | In addition, the amendment of section 1 of the Consular Fees Act 1980 made by |
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section 36 of the Identity Cards Act 2006 continues to have effect subject to a |
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consequential amendment (see paragraph 2 of the Schedule to this Act). |
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2 | Cancellation of ID cards etc |
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(1) | No ID cards are to be issued by the Secretary of State at any time on or after the |
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day on which this Act is passed. |
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(2) | All ID cards that are valid immediately before that day are to be treated as |
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cancelled by the Secretary of State at the end of the period of one month |
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(3) | As soon as reasonably practicable after that day, the Secretary of State must |
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send a letter to every cardholder— |
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(a) | informing the cardholder that the cardholder’s ID card is to be treated |
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as cancelled as mentioned in subsection (2), and |
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(b) | providing the cardholder with such information about the |
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consequences of its cancellation as the Secretary of State considers |
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(4) | A letter under subsection (3) must be sent to the address recorded (at the time |
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it is sent) in the National Identity Register as the address of the cardholder’s |
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principal place of residence in the United Kingdom. |
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(5) | For the purposes of this section a person is a “cardholder” if— |
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(a) | an ID card has been issued to the person, and |
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(b) | the ID card is valid immediately before the day on which this Act is |
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(6) | In this section “ID card” has the same meaning as in the Identity Cards Act |
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3 | Destruction of information recorded in National Identity Register |
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The Secretary of State must ensure that all the information recorded in the |
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National Identity Register is destroyed before the end of the period of two |
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months beginning with the day on which this Act is passed. |
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False identity documents etc |
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4 | Possession of false identity documents etc with improper intention |
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(1) | It is an offence for a person (“P”) with an improper intention to have in P’s |
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possession or under P’s control— |
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(a) | an identity document that is false and that P knows or believes to be |
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(b) | an identity document that was improperly obtained and that P knows |
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or believes to have been improperly obtained, or |
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(c) | an identity document that relates to someone else. |
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(2) | Each of the following is an improper intention— |
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(a) | the intention of using the document for establishing personal |
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(b) | the intention of allowing or inducing another to use it for establishing, |
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ascertaining or verifying personal information about P or anyone else. |
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(3) | In subsection (2)(b) the reference to P or anyone else does not include, in the |
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case of a document within subsection (1)(c), the individual to whom it relates. |
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(4) | A person guilty of an offence under this section is liable, on conviction on |
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indictment, to imprisonment for a term not exceeding 10 years or a fine (or |
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5 | Apparatus designed or adapted for the making of false identity documents etc |
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(1) | It is an offence for a person (“P”) with the prohibited intention to make or to |
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have in P’s possession or under P’s control— |
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(a) | any apparatus which, to P’s knowledge, is or has been specially |
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designed or adapted for the making of false identity documents, or |
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(b) | any article or material which, to P’s knowledge, is or has been specially |
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designed or adapted to be used in the making of such documents. |
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(2) | The prohibited intention is the intention— |
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(a) | that P or another will make a false identity document, and |
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(b) | that the document will be used by somebody for establishing, |
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ascertaining or verifying personal information about a person. |
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(3) | A person guilty of an offence under this section is liable, on conviction on |
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indictment, to imprisonment for a term not exceeding 10 years or a fine (or |
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6 | Possession of false identity documents etc without reasonable excuse |
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(1) | It is a offence for a person (“P”), without reasonable excuse, to have in P’s |
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possession or under P’s control— |
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(a) | an identity document that is false, |
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(b) | an identity document that was improperly obtained, |
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(c) | an identity document that relates to someone else, |
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(d) | any apparatus which, to P’s knowledge, is or has been specially |
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designed or adapted for the making of false identity documents, or |
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(e) | any article or material which, to P’s knowledge, is or has been specially |
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designed or adapted to be used in the making of such documents. |
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(2) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not exceeding |
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2 years or a fine (or both), or |
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(b) | on summary conviction, to imprisonment for a term not exceeding the |
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maximum period or a fine not exceeding the statutory maximum (or |
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(3) | In subsection (2)(b) “the maximum period” means— |
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(a) | in England and Wales or Scotland, 12 months, and |
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(b) | in Northern Ireland, 6 months. |
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(4) | In subsection (3)(a) the reference to 12 months in England and Wales is to be |
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read, in relation to an offence committed before the commencement of section |
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154(1) of the Criminal Justice Act 2003, as a reference to 6 months. |
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7 | Meaning of “identity document” |
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(1) | For the purposes of sections 4 to 6 “identity document” means any document |
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that is or purports to be— |
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(a) | an immigration document, |
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(b) | a United Kingdom passport (within the meaning of the Immigration |
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(c) | a passport issued by or on behalf of the authorities of a country or |
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territory outside the United Kingdom or by or on behalf of an |
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international organisation, |
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(d) | a document that can be used (in some or all circumstances) instead of a |
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(e) | a licence to drive a motor vehicle granted under Part 3 of the Road |
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Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) |
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(f) | a driving licence issued by or on behalf of the authorities of a country |
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or territory outside the United Kingdom. |
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(2) | In subsection (1)(a) “immigration document” means— |
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(a) | a document used for confirming the right of a person under the EU |
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Treaties in respect of entry or residence in the United Kingdom, |
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(b) | a document that is given in exercise of immigration functions and |
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records information about leave granted to a person to enter or to |
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remain in the United Kingdom, or |
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(c) | a registration card (within the meaning of section 26A of the |
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(3) | In subsection (2)(b) “immigration functions” means functions under the |
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Immigration Acts (within the meaning of the Asylum and Immigration |
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(Treatment of Claimants, etc.) Act 2004). |
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(4) | References in subsection (1) to the issue of a document include its renewal, |
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replacement or re-issue (with or without modifications). |
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(5) | In this section “document” includes a stamp or label. |
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(6) | The Secretary of State may by order amend the definition of “identity |
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8 | Meaning of “personal information” |
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(1) | For the purposes of sections 4 and 5 “personal information”, in relation to an |
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(b) | other names by which A is or has previously been known, |
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(d) | A’s date and place of birth, |
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(e) | external characteristics of A that are capable of being used for |
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(f) | the address of A’s principal place of residence in the United Kingdom, |
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(g) | the address of every other place in the United Kingdom or elsewhere |
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where A has a place of residence, |
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(h) | where in the United Kingdom and elsewhere A has previously been |
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(i) | the times at which A was resident at different places in the United |
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(j) | A’s current residential status, |
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(k) | residential statuses previously held by A, and |
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(l) | information about numbers allocated to A for identification purposes |
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and about the documents (including stamps or labels) to which they |
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(2) | In subsection (1) “residential status” means— |
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(b) | A’s entitlement to remain in the United Kingdom, and |
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(c) | if that entitlement derives from a grant of leave to enter or remain in the |
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United Kingdom, the terms and conditions of that leave. |
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