Identity Documents Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Identity Documents Bill

Identity Documents Bill
1

A
Bill
To
Make provision for and in connection with the repeal of the Identity Cards Act
2006.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Repeal of Identity Cards Act 2006
1
Repeal of Identity Cards Act 2006
(1)
The Identity Cards Act 2006 is repealed.
(2)
But—
(a)
sections 25 and 26 of that Act (possession of false identity documents
5
etc), and
(b)
section 38 of that Act (verifying information provided with passport
applications etc),

are re-enacted (with consequential amendments) by this Act.
(3)
In addition, the amendment of section 1 of the Consular Fees Act 1980 made by
10
section 36 of the Identity Cards Act 2006 continues to have effect subject to a
consequential amendment (see paragraph 2 of the Schedule to this Act).
2
Cancellation of ID cards etc
(1)
No ID cards are to be issued by the Secretary of State at any time on or after the
day on which this Act is passed.
15
(2)
All ID cards that are valid immediately before that day are to be treated as
cancelled by the Secretary of State at the end of the period of one month
beginning with that day.
(3)
As soon as reasonably practicable after that day, the Secretary of State must
send a letter to every cardholder—
20
(a)
informing the cardholder that the cardholder’s ID card is to be treated
as cancelled as mentioned in subsection (2), and

Bill 1
55/1

Identity Documents Bill
2

(b)
providing the cardholder with such information about the
consequences of its cancellation as the Secretary of State considers
appropriate.
(4)
A letter under subsection (3) must be sent to the address recorded (at the time
it is sent) in the National Identity Register as the address of the cardholder’s
5
principal place of residence in the United Kingdom.
(5)
For the purposes of this section a person is a “cardholder” if—
(a)
an ID card has been issued to the person, and
(b)
the ID card is valid immediately before the day on which this Act is
passed.
10
(6)
In this section “ID card” has the same meaning as in the Identity Cards Act
2006.
3
Destruction of information recorded in National Identity Register
The Secretary of State must ensure that all the information recorded in the
National Identity Register is destroyed before the end of the period of two
15
months beginning with the day on which this Act is passed.
False identity documents etc
4
Possession of false identity documents etc with improper intention
(1)
It is an offence for a person (“P”) with an improper intention to have in P’s
possession or under P’s control—
20
(a)
an identity document that is false and that P knows or believes to be
false,
(b)
an identity document that was improperly obtained and that P knows
or believes to have been improperly obtained, or
(c)
an identity document that relates to someone else.
25
(2)
Each of the following is an improper intention—
(a)
the intention of using the document for establishing personal
information about P;
(b)
the intention of allowing or inducing another to use it for establishing,
ascertaining or verifying personal information about P or anyone else.
30
(3)
In subsection (2)(b) the reference to P or anyone else does not include, in the
case of a document within subsection (1)(c), the individual to whom it relates.
(4)
A person guilty of an offence under this section is liable, on conviction on
indictment, to imprisonment for a term not exceeding 10 years or a fine (or
both).
35
5
Apparatus designed or adapted for the making of false identity documents etc
(1)
It is an offence for a person (“P”) with the prohibited intention to make or to
have in P’s possession or under P’s control—
(a)
any apparatus which, to P’s knowledge, is or has been specially
designed or adapted for the making of false identity documents, or
40
(b)
any article or material which, to P’s knowledge, is or has been specially
designed or adapted to be used in the making of such documents.

Identity Documents Bill
3

(2)
The prohibited intention is the intention—
(a)
that P or another will make a false identity document, and
(b)
that the document will be used by somebody for establishing,
ascertaining or verifying personal information about a person.
(3)
A person guilty of an offence under this section is liable, on conviction on
5
indictment, to imprisonment for a term not exceeding 10 years or a fine (or
both).
6
Possession of false identity documents etc without reasonable excuse
(1)
It is a offence for a person (“P”), without reasonable excuse, to have in P’s
possession or under P’s control—
10
(a)
an identity document that is false,
(b)
an identity document that was improperly obtained,
(c)
an identity document that relates to someone else,
(d)
any apparatus which, to P’s knowledge, is or has been specially
designed or adapted for the making of false identity documents, or
15
(e)
any article or material which, to P’s knowledge, is or has been specially
designed or adapted to be used in the making of such documents.
(2)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both), or
20
(b)
on summary conviction, to imprisonment for a term not exceeding the
maximum period or a fine not exceeding the statutory maximum (or
both).
(3)
In subsection (2)(b) “the maximum period” means—
(a)
in England and Wales or Scotland, 12 months, and
25
(b)
in Northern Ireland, 6 months.
(4)
In subsection (3)(a) the reference to 12 months in England and Wales is to be
read, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003, as a reference to 6 months.
7
Meaning of “identity document”
30
(1)
For the purposes of sections 4 to 6 “identity document” means any document
that is or purports to be—
(a)
an immigration document,
(b)
a United Kingdom passport (within the meaning of the Immigration
Act 1971),
35
(c)
a passport issued by or on behalf of the authorities of a country or
territory outside the United Kingdom or by or on behalf of an
international organisation,
(d)
a document that can be used (in some or all circumstances) instead of a
passport,
40
(e)
a licence to drive a motor vehicle granted under Part 3 of the Road
Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland)
Order 1981, or
(f)
a driving licence issued by or on behalf of the authorities of a country
or territory outside the United Kingdom.
45

Identity Documents Bill
4

(2)
In subsection (1)(a) “immigration document” means—
(a)
a document used for confirming the right of a person under the EU
Treaties in respect of entry or residence in the United Kingdom,
(b)
a document that is given in exercise of immigration functions and
records information about leave granted to a person to enter or to
5
remain in the United Kingdom, or
(c)
a registration card (within the meaning of section 26A of the
Immigration Act 1971).
(3)
In subsection (2)(b) “immigration functions” means functions under the
Immigration Acts (within the meaning of the Asylum and Immigration
10
(Treatment of Claimants, etc.) Act 2004).
(4)
References in subsection (1) to the issue of a document include its renewal,
replacement or re-issue (with or without modifications).
(5)
In this section “document” includes a stamp or label.
(6)
The Secretary of State may by order amend the definition of “identity
15
document”.
8
Meaning of “personal information”
(1)
For the purposes of sections 4 and 5 “personal information”, in relation to an
individual (“A”), means—
(a)
A’s full name,
20
(b)
other names by which A is or has previously been known,
(c)
A’s gender,
(d)
A’s date and place of birth,
(e)
external characteristics of A that are capable of being used for
identifying A,
25
(f)
the address of A’s principal place of residence in the United Kingdom,
(g)
the address of every other place in the United Kingdom or elsewhere
where A has a place of residence,
(h)
where in the United Kingdom and elsewhere A has previously been
resident,
30
(i)
the times at which A was resident at different places in the United
Kingdom or elsewhere,
(j)
A’s current residential status,
(k)
residential statuses previously held by A, and
(l)
information about numbers allocated to A for identification purposes
35
and about the documents (including stamps or labels) to which they
relate.
(2)
In subsection (1) “residential status” means—
(a)
A’s nationality,
(b)
A’s entitlement to remain in the United Kingdom, and
40
(c)
if that entitlement derives from a grant of leave to enter or remain in the
United Kingdom, the terms and conditions of that leave.