|
| |
|
| |
(1) | “Apparatus” includes any equipment, machinery or device and any wire or |
| |
cable, together with any software used with it. |
| |
(2) | In relation to England and Wales and Northern Ireland, an identity document |
| |
is “false” only if it is false within the meaning of Part 1 of the Forgery and |
| 5 |
Counterfeiting Act 1981 (see section 9(1)). |
| |
(3) | An identity document was “improperly obtained” if— |
| |
(a) | false information was provided in, or in connection with, the |
| |
application for its issue to the person who issued it, or |
| |
(b) | false information was provided in, or in connection with, an |
| 10 |
application for its modification to a person entitled to modify it. |
| |
| |
(a) | “false” information includes information containing any inaccuracy or |
| |
omission that results in a tendency to mislead, |
| |
(b) | “information” includes documents (including stamps and labels) and |
| 15 |
| |
(c) | the “issue” of a document includes its renewal, replacement or re-issue |
| |
(with or without modifications). |
| |
(5) | References to the making of a false identity document include the modification |
| |
of an identity document so that it becomes false. |
| 20 |
(6) | This section applies for the purposes of sections 4 to 6. |
| |
Verification of information |
| |
10 | Verifying information provided with passport applications etc |
| |
(1) | The Secretary of State may require a person within subsection (4) to provide the |
| |
Secretary of State with specified relevant information by a specified date if the |
| 25 |
Secretary of State considers that the person may have that information. |
| |
(2) | “Specified” means specified by the Secretary of State. |
| |
(3) | “Relevant information” means information that could be used— |
| |
(a) | for verifying information provided to the Secretary of State for the |
| |
purposes of, or in connection with, an application for the issue of a |
| 30 |
| |
(b) | for determining whether to withdraw a passport. |
| |
(4) | The persons referred to in subsection (1) are— |
| |
(a) | a Minister of the Crown, |
| |
(b) | a government department, |
| 35 |
(c) | a Northern Ireland department, |
| |
| |
(e) | the Registrar General for England and Wales, |
| |
(f) | the Registrar General of Births, Deaths and Marriages for Scotland, |
| |
(g) | the Registrar General of Births and Deaths in Northern Ireland, |
| 40 |
(h) | a qualifying credit reference agency, and |
| |
(i) | any other person specified for the purposes of this section by an order |
| |
made by the Secretary of State. |
| |
|
| |
|
| |
|
(5) | A credit reference agency is “qualifying” if, at the time a requirement is |
| |
imposed, the agency is acting for the purposes of a contract for the provision of |
| |
relevant information to the Secretary of State. |
| |
(6) | A requirement imposed under this section on a qualifying credit reference |
| |
agency is enforceable in civil proceedings for— |
| 5 |
| |
(b) | in Scotland, specific performance of a statutory duty under section 45 |
| |
of the Court of Session Act 1988, or |
| |
(c) | any other appropriate remedy or relief. |
| |
(7) | The persons who may be specified under subsection (4)(i) include any person |
| 10 |
who carries out a function that— |
| |
(a) | is conferred by or under an enactment (whenever passed or made), and |
| |
(b) | falls to be carried out on behalf of the Crown. |
| |
(8) | An order under subsection (4)(i) may provide that where a requirement is |
| |
imposed under this section on the person specified in the order, the duty to |
| 15 |
comply with the requirement is enforceable as mentioned in subsection (6). |
| |
(9) | The Secretary of State may make payments to a person providing information |
| |
in accordance with this section in respect of the provision of the information. |
| |
| |
(a) | “information” includes documents (including stamps and labels) and |
| 20 |
| |
(b) | the “issue” of a document includes its renewal, replacement or re-issue |
| |
(with or without modifications). |
| |
| |
| 25 |
(1) | This section applies to an order under section 7(6) or 10(4)(i). |
| |
(2) | An order is to be made by statutory instrument. |
| |
(3) | An order may be made only if a draft of the statutory instrument containing it |
| |
has been laid before, and approved by a resolution of, each House of |
| |
| 30 |
(4) | An order may contain incidental, supplemental, consequential or transitional |
| |
| |
12 | Consequential amendments |
| |
The Schedule contains consequential amendments. |
| |
13 | Transitional provision |
| 35 |
(1) | The repeal and re-enactment of provisions by this Act does not affect the |
| |
| |
(2) | Any subordinate legislation or other thing which— |
| |
(a) | has been made or done under or for the purposes of a provision |
| |
repealed and re-enacted by this Act, and |
| 40 |
|
| |
|
| |
|
(b) | is in force or effectively immediately before commencement, |
| |
| has effect after commencement as if made or done under or for the purposes of |
| |
the corresponding provision of this Act. |
| |
(3) | Any reference (express or implied) in any enactment, instrument or document |
| |
to a provision of this Act is to be read as including, in relation to times, |
| 5 |
circumstances or purposes in relation to which any corresponding provision |
| |
repealed by this Act had effect, a reference to that corresponding provision. |
| |
| This subsection applies only so far as the context permits. |
| |
(4) | Any reference (express or implied) in any enactment, instrument or document |
| |
to a provision repealed and re-enacted by this Act is to be read, in relation to |
| 10 |
times, circumstances or purposes in relation to which the corresponding |
| |
provision of this Act has effect, as a reference or (as the context may require) as |
| |
including a reference to that corresponding provision. |
| |
| This subsection applies only so far as the context permits. |
| |
(5) | Any reference to a provision repealed and re-enacted by this Act which is |
| 15 |
contained in a document made, served or issued after commencement is to be |
| |
read, except so far as a contrary intention appears, as a reference or (as the |
| |
context may require) as including a reference to the corresponding provision |
| |
| |
(6) | In this section “commencement” means the commencement of this section. |
| 20 |
(7) | This section has effect instead of section 17(2) of the Interpretation Act 1978 |
| |
(but is without prejudice to section 16 and the other provisions of that Act). |
| |
14 | Commencement, extent and short title |
| |
(1) | Sections 2 and 3 and this section come into force on the day on which this Act |
| |
| 25 |
(2) | The other provisions of this Act come into force at the end of the period of one |
| |
month beginning with that day. |
| |
(3) | Any amendment, repeal or revocation made by this Act has the same extent as |
| |
the enactment to which it relates. |
| |
(4) | Subject to that, this Act extends to England and Wales, Scotland and Northern |
| 30 |
| |
(5) | This Act may be cited as the Identity Documents Act 2010. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
1 | In section 3(9) of the Immigration Act 1971 (proof of right of abode)— |
| |
(a) | at the end of paragraph (b), insert “or”, and |
| 5 |
(b) | omit paragraphs (c) and (d). |
| |
| |
2 | Section 1 of the Consular Fees Act 1980 continues to have effect with the |
| |
following subsections that were originally inserted by section 36 of the |
| |
Identity Cards Act 2006, but, in consequence of the repeal of that Act by |
| 10 |
section 1 of this Act, with the omission of the original subsection (4A)(c)— |
| |
“(4A) | In prescribing a fee under subsection (1) for the doing of a particular |
| |
thing, Her Majesty in Council may take into account— |
| |
(a) | the expenses that will be or have been incurred in doing that |
| |
thing, both in the circumstances in relation to which the fee is |
| 15 |
prescribed and in other circumstances; |
| |
(b) | the expenses that will be or have been incurred in doing such |
| |
other things in the exercise of functions mentioned in that |
| |
subsection as She thinks fit; and |
| |
(c) | such differences between different persons in relation to |
| 20 |
whom things may be or have been done as She thinks fit. |
| |
(4B) | The power of Her Majesty in Council under subsection (1) to |
| |
prescribe fees and the power of the Secretary of State under |
| |
subsection (3) to make regulations each includes power— |
| |
(a) | to make different provision for different cases; |
| 25 |
(b) | to make provision subject to such exemptions and exceptions |
| |
as the person exercising the power thinks fit; and |
| |
(c) | to make such incidental, supplemental, consequential and |
| |
transitional provision as that person thinks fit. |
| |
(4C) | References in this section to expenses that will be incurred for any |
| 30 |
purpose include references to expenses that Her Majesty in Council |
| |
considers are likely to be incurred for that purpose over such period |
| |
as She thinks appropriate, including expenses that will only be |
| |
incurred after the commencement of a particular enactment.” |
| |
Football Spectators Act 1989 |
| 35 |
3 | The Football Spectators Act 1989 is amended as follows. |
| |
4 | In sections 14E, 19, 21B and 21C (enforcement of banning orders etc), for |
| |
“travel authorisation”, in each place, substitute “passport”. |
| |
|
| |
|
| |
|
5 | In section 22A(1) (interpretation), omit the definition of “travel |
| |
| |
Police and Criminal Evidence (Northern Ireland) Order 1989 |
| |
6 | In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) |
| |
Order 1989 (offences for which an arrest may be made without a warrant), |
| 5 |
for paragraph (q) substitute— |
| |
“(q) | an offence under section 6 of the Identity Documents Act |
| |
2010 (possession of false identity documents etc without |
| |
| |
| 10 |
7 (1) | Section 39B of the Child Support Act 1991 (disqualification for holding or |
| |
obtaining driving licence or travel authorisation) is amended as follows. |
| |
(2) | In subsection (3)(b) and (c), for “a travel authorisation” substitute “a United |
| |
| |
| 15 |
(a) | after the definition of “relevant document” insert— |
| |
““United Kingdom passport” has the same meaning as |
| |
in the Immigration Act 1971 (see section 33(1)).”, and |
| |
(b) | omit the definition of “travel authorisation”. |
| |
(4) | In the heading, for “travel authorisation” substitute “United Kingdom |
| 20 |
| |
Criminal Justice Act 1993 |
| |
8 | In section 1(2) of the Criminal Justice Act 1993 (Group A offences in respect |
| |
of which jurisdiction is extended for some purposes in relation to conduct |
| |
outside England and Wales), for paragraph (ca) substitute— |
| 25 |
“(ca) | an offence under any of sections 4 to 6 of the Identity |
| |
| |
Criminal Justice (Northern Ireland) Order 1996 |
| |
9 | In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996 (which |
| |
makes provision in relation to conduct outside Northern Ireland |
| 30 |
corresponding to that made by section 1(2) of the Criminal Justice Act 1993), |
| |
for paragraph (ca) substitute— |
| |
“(ca) | an offence under any of sections 4 to 6 of the Identity |
| |
| |
Immigration and Asylum Act 1999 |
| 35 |
10 (1) | Section 31 of the Immigration and Asylum Act 1999 (defences based on |
| |
Article 31(1) of the Refugee Convention) is amended as follows. |
| |
(2) | In subsection (3), for paragraph (aa) substitute— |
| |
“(aa) | section 4 or 6 of the Identity Documents Act 2010;”. |
| |
|
| |
|
| |
|
(3) | In subsection (4), for paragraph (ba) substitute— |
| |
“(ba) | under section 4 or 6 of the Identity Documents Act 2010,”. |
| |
Freedom of Information Act 2000 |
| |
11 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
| |
authorities for the purposes of that Act), omit the entry relating to the |
| 5 |
National Identity Scheme Commissioner. |
| |
Regulation of Investigatory Powers Act 2000 |
| |
12 | The Regulation of Investigatory Powers Act 2000 is amended as follows. |
| |
13 | In section 59 (functions of Intelligence Services Commissioner), omit |
| |
| 10 |
14 (1) | Section 65 (complaints in relation to which Tribunal has jurisdiction) is |
| |
| |
(2) | In subsection (2)(b), omit “or (4A)”. |
| |
| |
(a) | at the end of paragraph (c), insert “or”, and |
| 15 |
(b) | omit paragraphs (ca) and (cb) (together with the “or” at the end of |
| |
| |
(4) | Omit subsection (4A). |
| |
Criminal Justice and Police Act 2001 |
| |
15 | The Criminal Justice and Police Act 2001 is amended as follows. |
| 20 |
16 (1) | Section 33 (power to make travel restriction orders) is amended as follows. |
| |
| |
(a) | for “UK travel authorisation” substitute “UK passport”, and |
| |
(b) | for “any travel authorisation” substitute “any passport”. |
| |
(3) | In subsection (5), for “travel authorisation”, in each place, substitute |
| 25 |
| |
(4) | For subsection (8) substitute— |
| |
“(8) | In this section “UK passport” means a United Kingdom passport |
| |
within the meaning of the Immigration Act 1971 (see section 33(1)).” |
| |
17 | In sections 35 and 36 (further provision in relation to travel restriction |
| 30 |
orders), for “travel authorisation”, in each place, substitute “passport”. |
| |
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 |
| |
18 | In section 14(2) of the Asylum and Immigration (Treatment of Claimants, |
| |
etc.) Act 2004 (powers of arrest for immigration officers), for paragraph (q) |
| |
| 35 |
“(q) | an offence under any of sections 4 to 6 of the Identity |
| |
| |
|
| |
|
| |
|
| |
19 | In section 5(6) of the UK Borders Act 2007 (registration regulations), omit the |
| |
words from “; and section 16 of the Identity Cards Act 2006” to the end. |
| |
Policing and Crime Act 2009 |
| |
20 | In section 101(3) (prohibition on importation or exportation of false identity |
| 5 |
documents etc), in the definition of “document”, for “which is a card within |
| |
the meaning of the Identity Cards Act 2006 (c. 15),” substitute “in or on |
| |
which information is or may be recorded,”. |
| |
| |
21 (1) | Section 53 of the Welfare Reform Act 2009 (report on operation of travel |
| 10 |
authorisation amendments) is amended as follows. |
| |
(2) | In subsections (1), (2) and (7), for “a travel authorisation” substitute “a |
| |
United Kingdom passport”. |
| |
(3) | In subsections (4), (6) and (7), for “the travel authorisation amendments” |
| |
substitute “the passport amendments”. |
| 15 |
| |
(a) | after the definition of “the 1991 Act” insert— |
| |
““the passport amendments” means the amendments of |
| |
the 1991 Act made by section 51 and Schedule 5 so far |
| |
as relating to the disqualification of any person for |
| 20 |
holding or obtaining a United Kingdom passport; |
| |
“United Kingdom passport” has the same meaning as in |
| |
the Immigration Act 1971 (see section 33(1)).”, and |
| |
(b) | omit the definitions of “travel authorisation” and “the travel |
| |
authorisation amendments”. |
| 25 |
(5) | In the heading, for “travel authorisation” substitute “passport”. |
| |
Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009 |
| |
22 | The Identity Cards Act 2006 (Information and Code of Practice on Penalties) |
| |
| |
|
| |
|