Identity Cards Bill

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Identity Cards Bill

Identity Cards Bill
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(2)
In subsection (1)—
(a)
the reference to the provision of Welsh public services is a reference to
the provision of public services in Wales, so far as their provision is a
matter in relation to which the National Assembly for Wales has
functions; and
5
(b)
the reference to the provision of Northern Ireland public services is a
reference to the provision of public services in Northern Ireland, so far
as their provision is a transferred matter (within the meaning of section
4(1) of the Northern Ireland Act 1998 (c. 47)).
(3)
Regulations containing (with or without other provision) any provision the
10
making of which is authorised by section 15 must not be made by the Secretary
of State or a Northern Ireland department unless a draft of the regulations—
(a)
in the case of regulations made by the Secretary of State, has been laid
before Parliament and approved by a resolution of each House; and
(b)
in the case of regulations made by a Northern Ireland department, has
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been laid before and approved by the Northern Ireland Assembly.
(4)
Before—
(a)
draft regulations under section 15 are laid before either House of
Parliament or the Northern Ireland Assembly, or
(b)
regulations under that section are made by the National Assembly for
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Wales,

the person proposing to make the regulations must take such steps as that
person thinks fit for securing that members of the public likely to be affected
by the regulations are informed about the matters mentioned in subsection (5),
and for consulting them about the proposal.
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(5)
Those matters are—
(a)
the reasons for the making of the regulations; and
(b)
why reliance is not being placed on powers conferred otherwise than
by this Act.
(6)
Where—
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(a)
a power to impose conditions for the provision of a public service is
exercisable under an enactment not contained in this Act, and
(b)
that power is exercisable only after consultation with such persons as
may be specified or described in that enactment,

the power under section 15 to impose a condition for the provision of that
35
service or to make provision in relation to such a condition is to be exercisable
only after consultation with the persons so specified or described.
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Power to provide for checks on the Register
(1)
The Secretary of State may by regulations make provision authorising a person
providing a public service in respect of which—
40
(a)
a condition is imposed under section 15, or
(b)
a condition for the production of an ID card, or of evidence of
registrable facts, or both, is imposed by or under any other enactment,

to be provided with information recorded in the Register that he requires for
the purpose of ascertaining or verifying registrable facts about an individual
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who has applied for the provision of the service.
(2)
The Secretary of State may by regulations make provision as to—

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(a)
the manner in which applications for the provision of information
under this section must be made;
(b)
the persons by whom, and the circumstances in which, such an
application may be made; and
(c)
the information that may be provided in response to such an
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application and the manner in which it may be provided.
(3)
The Secretary of State may by regulations make it a condition of the provision
of information under this section—
(a)
that the person to whom it is provided has registered prescribed
particulars about himself with the Secretary of State;
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(b)
that that person and the applicant for the information (where different)
are for the time being approved by the Secretary of State in the
prescribed manner; and
(c)
that apparatus used for the purposes of the application, and apparatus
that it is proposed to use for the receipt and storage of the information,
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is for the time being approved by the prescribed person in the
prescribed manner.
(4)
The Secretary of State must not make regulations containing (with or without
other provision) any provision that he is authorised to make by this section
unless a draft of the regulations has been laid before Parliament and approved
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by a resolution of each House.
(5)
Before draft regulations under this section are laid before either House of
Parliament, the Secretary of State must take such steps as he thinks fit for
securing that—
(a)
members of the public in the United Kingdom are informed about the
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reasons for the proposal to make the regulations; and
(b)
for consulting them about it.
(6)
In this section “enactment” includes an enactment comprised in an Act of the
Scottish Parliament.
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Prohibition on requirements to produce identity cards
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(1)
It shall be unlawful in cases not falling within subsection (2) for any person—
(a)
to make it a condition of doing anything in relation to an individual that
the individual makes an application, or gives an authority or consent,
for the purposes of section 14(1);
(b)
to make it a condition of doing anything in relation to an individual that
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the individual establishes his identity by the production of an ID card;
or
(c)
otherwise to impose a requirement on an individual to produce such a
card.
(2)
Each of the following is a case in which such a condition or requirement may
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be imposed in relation to or on an individual—
(a)
where the condition or requirement is imposed in accordance with
regulations under section 15, or in accordance with provision made by
or under any other enactment;
(b)
where provision is made allowing the individual to satisfy the
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condition or other requirement using reasonable alternative methods of
establishing his identity;

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(c)
where the individual is of a description of persons who, by virtue of
section 6, are required to be entered in the Register.
(3)
The obligation of a person by virtue of this section not to impose a condition or
requirement in relation to or on an individual is a duty owed to that individual
and is enforceable by him in civil proceedings—
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(a)
for an injunction or interdict; or
(b)
for any other appropriate remedy or relief.
(4)
In this section “enactment” includes an enactment comprised in an Act of the
Scottish Parliament.
Other allowed uses of registered information
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Use for purposes of public authorities etc.
(1)
The Secretary of State may, without the individual’s consent, provide a person
with information recorded in an individual’s entry in the Register if—
(a)
the provision of the information is authorised by this section; and
(b)
there is compliance with any requirements imposed by or under section
15
23 in relation to the provision of the information.
(2)
The provision of information is authorised by this section where it is—
(a)
the provision of information to the Director-General of the Security
Service for purposes connected with the carrying out of any of that
Service’s functions;
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(b)
the provision of information to the Chief of the Secret Intelligence
Service for purposes connected with the carrying out of any of that
Service’s functions;
(c)
the provision of information to the Director of the Government
Communications Headquarters for purposes connected with the
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carrying out of any of the functions of GCHQ; or
(d)
the provision of information to the Director General of the Serious
Organised Crime Agency for purposes connected with the carrying out
of any of that Agency’s functions.
(3)
The provision of information not falling within paragraph 9 of Schedule 1 is
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authorised by this section where the information is provided to a chief officer
of police—
(a)
in the interests of national security;
(b)
for purposes connected with the prevention or detection of crime; or
(c)
for other purposes specified by order made by the Secretary of State.
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(4)
The provision of information not falling within paragraph 9 of Schedule 1 is
authorised by this section where the information is provided to the
Commissioners of Inland Revenue or the Commissioners of Customs and
Excise—
(a)
in the interests of national security;
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(b)
for purposes connected with the prevention or detection of crime;
(c)
for purposes connected with the prevention, detection or investigation
of conduct in respect of which the Commissioners have power to
impose penalties, or with the imposition of such penalties;
(d)
for the purpose of facilitating the checking of information provided to
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the Commissioners in connection with anything under their care and

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management, or with any other matter in relation to which the
Commissioners have duties under any enactment;
(e)
for purposes connected with any of the functions of the Commissioners
of Inland Revenue in relation to national insurance contributions or
national insurance numbers; or
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(f)
for other purposes specified by order made by the Secretary of State.
(5)
The provision of information not falling within paragraph 9 of Schedule 1 is
authorised by this section where the information is provided—
(a)
to a prescribed government department, or
(b)
to a prescribed Northern Ireland department,
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for purposes connected with the carrying out of any prescribed functions of
that department or of a Minister in charge of it.
(6)
The provision of information to a designated documents authority is
authorised by this section where the information is provided for purposes
connected with the exercise or performance by the authority of—
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(a)
any of its powers or duties by virtue of this Act; or
(b)
any of its other powers or duties in relation to the issue or modification
of designated documents.
(7)
In this section—
“chief officer of police” means—
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(a)
the chief officer of police of a police force maintained for a police
area in England and Wales;
(b)
the chief constable of a police force maintained under the Police
(Scotland) Act 1967 (c. 77);
(c)
the Chief Constable of the Police Service of Northern Ireland;
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(d)
the Chief Constable of the Ministry of Defence Police;
(e)
the Chief Constable of the Civil Nuclear Constabulary;
(f)
the Chief Constable of the British Transport Police;
(g)
the chief officer of the States of Jersey Police Force;
(h)
the chief officer of the salaried police force of the Island of
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Guernsey; or
(i)
the Chief Constable of the Isle of Man Constabulary;
“GCHQ” has the same meaning as in the Intelligence Services Act 1994
(c. 13).
(8)
Nothing in this section is to be construed as restricting any power to disclose
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information that exists apart from this section.
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Further uses connected with the prevention and detection of crime
(1)
The Secretary of State may, without the individual’s consent, provide a person
with information recorded in an individual’s entry in the Register if—
(a)
the provision of the information is authorised by this section; and
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(b)
there is compliance with any requirements imposed by or under section
23 in relation to the provision of the information.
(2)
The provision of a person with information not falling within paragraph 9 of
Schedule 1 is authorised by this section (so far as it is not otherwise authorised
by section 19) if the information is provided for any of the purposes specified
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in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001
(c. 24) (criminal proceedings and investigations).
(3)
Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction
on disclosure of information for overseas purposes) shall have effect in relation
to the provision of a person with information by virtue of subsection (2) as it
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applies in relation to a disclosure of information in exercise of a power to which
section 17 of that Act applies.
(4)
The provision of information falling within paragraph 9 of Schedule 1 is
authorised by this section if it is provided—
(a)
to a person to whom information may be provided by virtue of any of
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subsections (3) to (5) of section 19 or is made as mentioned in subsection
(2) of this section; and
(b)
for purposes connected with the prevention or detection of serious
crime.
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Use for correcting inaccurate or incomplete information
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(1)
This section applies where—
(a)
information about an individual has been provided for verification
purposes to the Secretary of State or to a designated documents
authority; and
(b)
it appears to the Secretary of State that the information was inaccurate
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or incomplete in one or more particulars.
(2)
The Secretary of State may, without the individual’s consent, provide the
person who provided the inaccurate or incomplete information with
information about—
(a)
the respects in which it is inaccurate or incomplete; and
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(b)
what is in fact recorded in that individual’s entry in respect of the
matters to which the inaccurate or incomplete information related.
(3)
The provision of information to a person under this section is subject to
compliance with any requirements imposed by or under section 23 in relation
to its provision.
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(4)
The reference in this section to providing information about an individual for
verification purposes is a reference to providing information about that
individual which is required (whether under section 11 or otherwise) or
intended to be used by the Secretary of State or a designated documents
authority for verifying—
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(a)
something recorded in that individual’s entry in the Register,
(b)
something provided to the Secretary of State or a designated
documents authority for the purpose of being recorded in an entry
about that individual in the Register, or
(c)
something otherwise available to the Secretary of State for being so
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recorded.
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Power to authorise other uses of information
(1)
In a case where there is no authorisation under sections 19 to 21 for the
provision of information, the Secretary of State may nevertheless, without the
individual’s consent, provide a public authority with information recorded in
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an individual’s entry in the Register if—

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(a)
the information is not information falling within paragraph 9 of
Schedule 1;
(b)
the information is of a description specified or described in an order
made by the Secretary of State;
(c)
the information is provided to a public authority so specified or
5
described;
(d)
the information is provided for the purposes so specified or described;
and
(e)
there is compliance with any requirements imposed by or under section
23 in relation to the provision of the information.
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(2)
The Secretary of State must not make an order containing (with or without
other provision) any provision that he is authorised to make by this section
unless a draft of the order has been laid before Parliament and approved by a
resolution of each House.
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Rules for using information without individual’s consent
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(1)
Under sections 19 to 22 the Secretary of State may provide a person with
information within paragraph 2 of Schedule 1 only if he is satisfied that it
would not have been reasonably practicable for the person to whom the
information is provided to have obtained the information by other means.
(2)
The Secretary of State may by regulations make provision—
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(a)
imposing requirements that must be satisfied before information is
provided under any of sections 19 to 22; and
(b)
restricting the persons who may be authorised to act on his behalf for
or in connection with the provision of information under any of those
sections.
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(3)
Those regulations may include—
(a)
provision requiring a person to be provided with information only
where an application for it has been made by or on behalf of that
person;
(b)
provision specifying or describing the persons who are entitled to make
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applications for the provision of information to a person; and
(c)
provision imposing other requirements as to the manner in which such
applications must be made.
(4)
The Secretary of State may by regulations make it a condition of providing
information to a person—
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(a)
that that person (where not specified in sections 19 to 22) and the
applicant for the information (where different) are for the time being
approved by the Secretary of State in the prescribed manner; and
(b)
that apparatus used for the purposes of the application, and apparatus
that it is proposed to use for the receipt and storage of the information,
40
is for the time being approved by the prescribed person in the
prescribed manner.
(5)
The Secretary of State may also by regulations provide that information that
may be provided to a person under any of sections 19 to 22 may be provided
instead to another person who—
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(a)
is authorised by that person to be a recipient of information provided
under that section;

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(b)
holds such office, rank or position as may be specified in the
regulations; and
(c)
is under the direction or control of that person, or is otherwise
answerable or subordinate to him, in respect of any of his duties as a
person holding that office, rank or position.
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Supervision of operation of Act
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Appointment of National Identity Scheme Commissioner
(1)
The Secretary of State must appoint a Commissioner to be known as the
National Identity Scheme Commissioner.
(2)
It shall be the function of the Commissioner (subject to subsection (3)) to keep
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under review—
(a)
the arrangements for the time being maintained by the Secretary of
State for the purposes of any of his functions under this Act or the
subordinate legislation made under it;
(b)
the arrangements for the time being maintained by designated
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documents authorities for the purposes of any of their functions under
this Act or that subordinate legislation;
(c)
the arrangements made, by persons to whom information may be
provided, for obtaining the information available to them under this
Act or that subordinate legislation and for recording and using it; and
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(d)
the uses to which ID cards are being put.
(3)
The matters to be kept under review by the Commissioner do not include—
(a)
the exercise of powers which under this Act are exercisable by statutory
instrument or by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12));
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(b)
the imposition of civil penalties, objections to such penalties or appeals
against them;
(c)
the operation of so much of this Act or of any subordinate legislation as
imposes or relates to criminal offences;
(d)
the provision of information to the Director-General of the Security
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Service, the Chief of the Secret Intelligence Service or the Director of the
Government Communications Headquarters;
(e)
the provision to another member of the intelligence services, in
accordance with regulations under section 23(5), of information that
may be provided to that Director-General, Chief or Director;
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(f)
the operation of this section and section 25; or
(g)
arrangements made for the purposes of anything mentioned in
paragraphs (a) to (f).
(4)
It shall be the duty of every official of the Secretary of State’s department to
provide the Commissioner with all such information (including information
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recorded in the Register) as he may require for the purpose of carrying out his
functions under this Act.
(5)
The Commissioner is to hold office in accordance with the terms of his
appointment; and there shall be paid to him out of money provided by
Parliament such allowances as the Treasury may determine.
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(6)
The Secretary of State—