Appendix 5
S.I. 2009/2575: memorandum from the Home Office
Identity Cards Act 2006 (Provision of Information
with Consent) Regulations 2009 (S.I. 2009/2575)
1. This Explanatory
Memorandum has been prepared by the Home Office and the Identity
and Passport Service at the request of the Joint Committee on
Statutory Instruments ("the Committee") in a letter
dated 4 November 2009.
2. The Committee
has requested information from the Home Office on the following
points:
| (1) | What is the meaning of "restricted zone" in the definition of "airside pass" in regulation 1(2), and why is "restricted zone" not defined itself?
|
| (2) | Why do - |
| (a) | the definition of "Passport validation service" in regulation 1(2), and
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| (b) | regulation 4(1), |
appear to identify the Identity and Passport Service (which does
not appear to have legal capacity separate from that of the Secretary
of State) as the party to an agreement in the first case and the
party responsible for accreditation in the second case?
3. The Home Office accepts that there are two definitions,
those of "restricted zone" and "the Identity and
Passport Service", that should have been included in these
Regulations. These definitions appear in other instruments laid
at the same time as these Regulations and were omitted from these
Regulations as an oversight.
4. The Home Office apologises for these omissions and
undertakes to lay amending regulations in the next few days correcting
this error. These amending regulations will also make one other
small desirable change to the Regulations that has come to light
since the Regulations were made. Copies will be issued free of
charge to purchasers of the defective instrument.
Identity and Passport Service
November 2009
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