Identity Documents Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Identity Documents Bill

Identity Documents Bill
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Other definitions
(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
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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
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application for its modification to a person entitled to modify it.
(4)
In subsection (3)—
(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
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records, and
(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.
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(6)
This section applies for the purposes of sections 4 to 6.
Verification of information
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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
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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
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passport, or
(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,
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(c)
a Northern Ireland department,
(d)
the Welsh Ministers,
(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,
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(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.

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(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—
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(a)
an injunction,
(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
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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
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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.
(10)
In this section—
(a)
“information” includes documents (including stamps and labels) and
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records, and
(b)
the “issue” of a document includes its renewal, replacement or re-issue
(with or without modifications).
General
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Orders
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(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
Parliament.
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(4)
An order may contain incidental, supplemental, consequential or transitional
provision.
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Consequential amendments
The Schedule contains consequential amendments.
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Transitional provision
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(1)
The repeal and re-enactment of provisions by this Act does not affect the
continuity of the law.
(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
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(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,
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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
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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
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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
of this Act.
(6)
In this section “commencement” means the commencement of this section.
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(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).
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Commencement, extent and short title
(1)
Sections 2 and 3 and this section come into force on the day on which this Act
is passed.
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(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
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Ireland.
(5)
This Act may be cited as the Identity Documents Act 2010.

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Identity Documents Bill
Schedule — Consequential amendments

Schedule
Section 12

Consequential amendments
Immigration Act 1971
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
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(b)
omit paragraphs (c) and (d).
Consular Fees Act 1980
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
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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
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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
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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;
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(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
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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
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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”.

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Schedule — Consequential amendments
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5
In section 22A(1) (interpretation), omit the definition of “travel
authorisation”.
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),
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for paragraph (q) substitute—
“(q)
an offence under section 6 of the Identity Documents Act
2010 (possession of false identity documents etc without
reasonable excuse).”
Child Support Act 1991
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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
Kingdom passport”.
      (3)
In subsection (8)—
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(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
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passport”.
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—
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“(ca)
an offence under any of sections 4 to 6 of the Identity
Documents Act 2010;”.
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
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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
Documents Act 2010;.”
Immigration and Asylum Act 1999
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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;”.

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Schedule — Consequential amendments
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      (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
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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
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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
subsection (2A).
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14    (1)
Section 65 (complaints in relation to which Tribunal has jurisdiction) is
amended as follows.
      (2)
In subsection (2)(b), omit “or (4A)”.
      (3)
In subsection (3)—
(a)
at the end of paragraph (c), insert “or”, and
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(b)
omit paragraphs (ca) and (cb) (together with the “or” at the end of
paragraph (cb)).
      (4)
Omit subsection (4A).
Criminal Justice and Police Act 2001
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The Criminal Justice and Police Act 2001 is amended as follows.
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16    (1)
Section 33 (power to make travel restriction orders) is amended as follows.
      (2)
In subsection (4)—
(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
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“passport”.
      (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)).”
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In sections 35 and 36 (further provision in relation to travel restriction
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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)
substitute—
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“(q)
an offence under any of sections 4 to 6 of the Identity
Documents Act 2010.”

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Schedule — Consequential amendments
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UK Borders Act 2007
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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
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In section 101(3) (prohibition on importation or exportation of false identity
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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,”.
Welfare Reform Act 2009
21    (1)
Section 53 of the Welfare Reform Act 2009 (report on operation of travel
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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”.
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      (4)
In subsection (13)—
(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
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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”.
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      (5)
In the heading, for “travel authorisation” substitute “passport”.
Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009
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The Identity Cards Act 2006 (Information and Code of Practice on Penalties)
Order 2009 is revoked.