Identity Cards Bill

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Identity Cards Bill

Identity Cards Bill
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(a)
after consultation with the Commissioner, and
(b)
subject to the approval of the Treasury as to numbers,

must provide the Commissioner with such staff as the Secretary of State
considers necessary for the carrying out of the Commissioner’s functions.
(7)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public
5
authorities for the purposes of that Act), at the appropriate place, insert—
“The National Identity Scheme Commissioner.”
(8)
In this section “intelligence service” has the same meaning as in the Regulation
of Investigatory Powers Act 2000 (c. 23).
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Reports by Commissioner
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(1)
As soon as practicable after the end of each calendar year, the Commissioner
must make a report to the Secretary of State about the carrying out of the
Commissioner’s functions.
(2)
The Commissioner may also, at any other time, make such report to the
Secretary of State on any matter relating to the carrying out of those functions
15
as the Commissioner thinks fit.
(3)
The Secretary of State must lay before Parliament a copy of every annual report
made to him under subsection (1).
(4)
If it appears to the Secretary of State, after consultation with the Commissioner,
that the publication of a particular matter contained in an annual report—
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(a)
would be prejudicial to national security, the prevention or detection of
crime or the continued discharge of the functions of any public
authority, or
(b)
would be otherwise contrary to the public interest,

the Secretary of State may exclude that matter from the copy of the report that
25
he lays before Parliament.
(5)
Where a matter is excluded under subsection (4) from a copy of an annual
report laid before Parliament, the Secretary of State must, when he lays that
copy of the annual report, also lay before Parliament a statement that a matter
has been excluded from the report under that subsection.
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Jurisdiction of Intelligence Services Commissioner and Tribunal
(1)
The Regulation of Investigatory Powers Act 2000 is amended as follows.
(2)
In section 59 (functions of Intelligence Services Commissioner), after
subsection (2) insert—
“(2A)
The Intelligence Services Commissioner shall also keep under review—
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(a)
the acquisition, storage and use by the intelligence services of
information recorded in the National Identity Register;
(b)
the provision of such information to members of the intelligence
services in accordance with any provision made by or under the
Identity Cards Act 2005;
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(c)
arrangements made by the Secretary of State or any of the
intelligence services for the purposes of anything mentioned in
paragraph (a) or (b).”

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(3)
In section 65(2)(b) (complaints in relation to which Tribunal has jurisdiction),
after “subsection (4)” insert “or (4A)”.
(4)
In section 65(3) (proceedings in relation to which the Tribunal has jurisdiction),
for the “or” at the end of paragraph (c) substitute—
“(ca)
they are proceedings relating to the provision to a member of
5
any of the intelligence services of information recorded in an
individual’s entry in the National Identity Register;
(cb)
they are proceedings relating to the acquisition, storage or use
of such information by any of the intelligence services; or”.
(5)
After section 65(4) insert—
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“(4A)
The Tribunal is also the appropriate forum for a complaint if it is a
complaint by an individual about what he believes to be—
(a)
the provision to a member of any of the intelligence services of
information recorded in that individual’s entry in the National
Identity Register; or
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(b)
the acquisition, storage or use of such information by any of the
intelligence services.”
Offences
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Possession of false identity documents etc.
(1)
It is an offence for a person with the requisite intention to have in his
20
possession or under his control—
(a)
an identity document that is false and that he knows or believes to be
false;
(b)
an identity document that was improperly obtained and that he knows
or believes to have been improperly obtained; or
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(c)
an identity document that relates to someone else.
(2)
The requisite intention for the purposes of subsection (1) is—
(a)
the intention of using the document for establishing registrable facts
about himself; or
(b)
the intention of allowing or inducing another to use it for establishing,
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ascertaining or verifying registrable facts about himself or about any
other person (with the exception, in the case of a document within
paragraph (c) of that subsection, of the individual to whom it relates).
(3)
It is an offence for a person with the requisite intention to make, or to have in
his possession or under his control—
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(a)
any apparatus which, to his knowledge, is or has been specially
designed or adapted for the making of false identity documents; or
(b)
any article or material which, to his knowledge, is or has been specially
designed or adapted to be used in the making of false identity
documents.
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(4)
The requisite intention for the purposes of subsection (3) is the intention—
(a)
that he or another will make a false identity document; and
(b)
that the document will be used by somebody for establishing,
ascertaining or verifying registrable facts about a person.

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(5)
It is an offence for a person to have in his possession or under his control,
without reasonable excuse—
(a)
an identity document that is false;
(b)
an identity document that was improperly obtained;
(c)
an identity document that relates to someone else; or
5
(d)
any apparatus, article or material which, to his knowledge, is or has
been specially designed or adapted for the making of false identity
documents or to be used in the making of such documents.
(6)
A person guilty of an offence under subsection (1) or (3) shall be liable, on
conviction on indictment, to imprisonment for a term not exceeding ten years
10
or to a fine, or to both.
(7)
A person guilty of an offence under subsection (5) shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a
15
term not exceeding twelve months or to a fine not exceeding the
statutory maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding six months or to a fine not
exceeding the statutory maximum, or to both;
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but, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to
twelve months is to be read as a reference to six months.
(8)
For the purposes of this section—
(a)
an identity document is false only if it is false within the meaning of
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Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45) (see section
9(1) of that Act); and
(b)
an identity document was improperly obtained if false information was
provided, in or in connection with the application for its issue or an
application for its modification, to the person who issued it or (as the
30
case may be) to a person entitled to modify it;

and references to the making of a false identity document include references to
the modification of an identity document so that it becomes false.
(9)
Subsection (8)(a) does not apply in the application of this section to Scotland.
(10)
In this section “identity document” has the meaning given by section 28.
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28
Identity documents for the purposes of s. 27
(1)
In section 27 “identity document” means any document that is, or purports to
be—
(a)
an ID card;
(b)
a designated document;
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(c)
an immigration document;
(d)
a United Kingdom passport (within the meaning of the Immigration
Act 1971 (c. 77));
(e)
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
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international organisation;

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(f)
a document that can be used (in some or all circumstances) instead of a
passport;
(g)
a UK driving licence; or
(h)
a driving licence issued by or on behalf of the authorities of a country
or territory outside the United Kingdom.
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(2)
In subsection (1) “immigration document” means—
(a)
a document used for confirming the right of a person under the
Community Treaties in respect of entry or residence in the United
Kingdom;
(b)
a document which is given in exercise of immigration functions and
10
records information about leave granted to a person to enter or to
remain in the United Kingdom; or
(c)
a registration card (within the meaning of section 26A of the
Immigration Act 1971 (c. 77));

and in paragraph (b) “immigration functions” means functions under the
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Immigration Acts (within the meaning of the Asylum and Immigration
(Treatment of Claimants, etc.) Act 2004 (c. 19)).
(3)
In that subsection “UK driving licence” means—
(a)
a licence to drive a motor vehicle granted under Part 3 of the Road
Traffic Act 1988 (c. 52); or
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(b)
a licence to drive a motor vehicle granted under Part 2 of the Road
Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
(4)
The Secretary of State may by order modify the list of documents in subsection
(1).
(5)
The Secretary of State must not make an order containing (with or without
25
other provision) any provision that he is authorised to make by subsection (4)
unless a draft of the order has been laid before Parliament and approved by a
resolution of each House.
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Unauthorised disclosure of information
(1)
A person is guilty of an offence if, without lawful authority—
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(a)
he provides any person with information that he is required to keep
confidential; or
(b)
he otherwise makes a disclosure of any such information.
(2)
For the purposes of this section a person is required to keep information
confidential if it is information that is or has become available to him by reason
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of his holding an office or employment the duties of which relate, in whole or
in part, to—
(a)
the establishment or maintenance of the Register;
(b)
the issue, modification, cancellation or surrender of ID cards; or
(c)
the carrying out of the Commissioner’s functions.
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(3)
For the purposes of this section information is provided or otherwise disclosed
with lawful authority if, and only if—
(a)
it is authorised by or under this Act or another enactment;
(b)
it is made in pursuance of an order or direction of a court or of a
tribunal established by or under any enactment;
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(c)
it is made in pursuance of a Community obligation; or

Identity Cards Bill
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(d)
it is made for the purpose of performing the duties of an office or
employment of the sort mentioned in subsection (2).
(4)
It is a defence for a person charged with an offence under this section to show
that, at the time of the alleged offence, he believed, on reasonable grounds, that
he had lawful authority to provide the information or to make the other
5
disclosure in question.
(5)
A person guilty of an offence under this section shall be liable, on conviction
on indictment, to imprisonment for a term not exceeding two years or to a fine,
or to both.
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Providing false information
10
(1)
A person is guilty of an offence if, in circumstances falling within subsection
(2), he provides false information to any person —
(a)
for the purpose of securing the making or modification of an entry in
the Register;
(b)
in confirming (with or without changes) the contents of an entry in the
15
Register; or
(c)
for the purpose of obtaining for himself or another the issue or
modification of an ID card.
(2)
Those circumstances are that, at the time of the provision of the information
he—
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(a)
knows or believes the information to be false; or
(b)
is reckless as to whether or not it is false.
(3)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both;
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(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding twelve months or to a fine not exceeding the
statutory maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding six months or to a fine not
30
exceeding the statutory maximum, or to both;

but, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to
twelve months is to be read as a reference to six months.
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Tampering with the Register etc.
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(1)
A person is guilty of an offence under this section if—
(a)
he engages in any conduct that causes an unauthorised modification of
information recorded in the Register; and
(b)
at the time when he engages in the conduct, he has the requisite intent.
(2)
For the purposes of this section a person has the requisite intent if he intends
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to cause a modification of information recorded in the Register or is reckless as
to whether or not his conduct will cause such a modification.
(3)
For the purposes of this section the cases in which conduct causes a
modification of information recorded in the Register include—
(a)
where it contributes to a modification of such information; and
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(b)
where it makes it more difficult or impossible for such information to
be retrieved in a legible form from a computer on which it is stored by
the Secretary of State, or contributes to making that more difficult or
impossible.
(4)
It is immaterial for the purposes of this section—
5
(a)
whether the conduct constituting the offence, or any of it, took place in
the United Kingdom; or
(b)
in the case of conduct outside the United Kingdom, whether it is
conduct of a British citizen.
(5)
For the purposes of this section a modification is unauthorised, in relation to
10
the person whose conduct causes it, if—
(a)
he is not himself entitled to determine if the modification may be made;
and
(b)
he does not have a consent to the modification from a person who is so
entitled.
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(6)
In proceedings against a person for an offence under this section in respect of
conduct causing a modification of information recorded in the Register it is to
be a defence for that person to show that, at the time of the conduct, he
believed, on reasonable grounds—
(a)
that he was a person entitled to determine if that modification might be
20
made; or
(b)
that consent to the modification had been given by a person so entitled.
(7)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
ten years or to a fine, or to both;
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(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding twelve months or to a fine not exceeding the
statutory maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding six months or to a fine not
30
exceeding the statutory maximum, or to both;

but, in relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to
twelve months is to be read as a reference to six months.
(8)
In the case of an offence by virtue of this section in respect of conduct wholly
35
or partly outside the United Kingdom—
(a)
proceedings for the offence may be taken at any place in the United
Kingdom, and
(b)
the offence may for all incidental purposes be treated as having been
committed at any such place.
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(9)
In this section—
“conduct” includes acts and omissions; and
“modification” includes a temporary modification.
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Amendments relating to offences
(1)
In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable
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offences), at the end insert—
“Identity Cards Act 2005
28
An offence under—
(a)
section 27(5) of the Identity Cards Act 2005 (possession of
false document etc.);
5
(b)
section 29 of that Act (disclosure of information on National
Identity Register); or
(c)
section 30 of that Act (providing false information).”
(2)
In section 1(2) of the Criminal Justice Act 1993 (c. 36) (Group A offences in
respect of which jurisdiction is extended for some purposes in relation to
10
conduct outside England and Wales), after paragraph (c) insert—
“(ca)
an offence under section 27 of the Identity Cards Act 2005;”.
(3)
In section 31 of the Immigration and Asylum Act 1999 (defences based on
Article 31(1) of the Refugee Convention)—
(a)
in subsection (3) (offences in England and Wales and Northern Ireland
15
to which section applies), after paragraph (a) insert—
“(aa)
section 27(1) or (5) of the Identity Cards Act 2005;”
(b)
in subsection (4) (offences in Scotland to which section applies), after
paragraph (b) insert—
“(ba)
under section 27(1) or (5) of the Identity Cards Act
20
2005;”.
(4)
In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.)
Act 2004 (c. 19) (powers of arrest for immigration officers), after paragraph (p)
insert—
“(q)
an offence under section 27 of the Identity Cards Act 2005.”
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(5)
After paragraph (k) of Article 26(2) of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (offences for which an
arrest may be made without a warrant), insert—
“(kk)
An offence under—
(i)
section 27(5) of the Identity Cards Act 2005 (possession
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of false document etc.);
(ii)
section 29 of that Act (disclosure of information on
National Identity Register); or
(iii)
section 30 of that Act (providing false information).”
(6)
In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996
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(S.I. 1996/3160 (N.I. 24)) (which makes provision in relation to conduct outside
Northern Ireland corresponding to that made by section 1(2) of the Criminal
Justice Act 1993), after sub-paragraph (c) insert—
“(ca)
an offence under section 27 of the Identity Cards Act 2005;”.
Civil penalties
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Imposition of civil penalties
(1)
This section applies where the Secretary of State is satisfied that a person (“the
defaulter”) is a person who is liable under this Act to a civil penalty not
exceeding a specified amount.