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)
The Secretary of State may, by a notice given to the defaulter in the prescribed
manner, impose on him a penalty of such amount, not exceeding the specified
amount, as the Secretary of State thinks fit.
(3)
A notice imposing such a penalty must—
(a)
set out the Secretary of State’s reasons for deciding that the defaulter is
5
liable to a penalty;
(b)
state the amount of the penalty that is being imposed;
(c)
specify a date before which the penalty must be paid to the Secretary of
State;
(d)
describe how payment may be made;
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(e)
explain the steps that the defaulter may take if he objects to the penalty;
and
(f)
set out and explain the powers of the Secretary of State to enforce the
penalty.
(4)
The date for the payment of a penalty must be not less than 14 days after the
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giving of the notice imposing it.
(5)
A penalty imposed in accordance with this section—
(a)
must be paid to the Secretary of State in a manner described in the
notice imposing it; and
(b)
if not so paid by the specified date, is to be recoverable by him
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accordingly.
(6)
In proceedings for recovery of a penalty so imposed no question may be raised
as to—
(a)
whether the defaulter was liable to the penalty;
(b)
whether the imposition of the penalty was unreasonable; or
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(c)
the amount of the penalty.
(7)
Sums received by the Secretary of State in respect of penalties imposed in
accordance with this section must be paid into the Consolidated Fund.
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Objection to penalty
(1)
A person to whom a notice under section 33 has been given may give notice to
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the Secretary of State that he objects to the penalty on one or more of the
following grounds—
(a)
that he is not liable to it;
(b)
that the circumstances of the contravention in respect of which he is
liable make the imposition of a penalty unreasonable;
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(c)
that the amount of the penalty is too high.
(2)
The notice of objection—
(a)
must set out the grounds of the objection and the objector’s reasons for
objecting on those grounds; and
(b)
must be given to the Secretary of State in the prescribed manner and
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within the prescribed period after the giving of the notice imposing the
penalty.
(3)
The Secretary of State must consider a notice of objection given in accordance
with this section and may then—
(a)
cancel the penalty;
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(b)
reduce it;
(c)
increase it; or
(d)
confirm it.
(4)
The Secretary of State must not enforce a penalty in respect of which he has
received a notice of objection before he has notified the objector of the outcome
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of his consideration of the objection.
(5)
That notification of the outcome of his consideration must be given, in the
prescribed manner—
(a)
before the end of the prescribed period; or
(b)
within such longer period as he may agree with the objector.
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(6)
Where, on consideration of an objection, the Secretary of State increases the
penalty, he must give the objector a new penalty notice under section 33; and,
where he reduces it, he must notify the objector of the reduced amount.
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Appeals against penalties
(1)
A person on whom a penalty has been imposed under section 33 may appeal
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to the court on one or more of the following grounds—
(a)
that he is not liable to it;
(b)
that the circumstances of the contravention in respect of which he is
liable make the imposition of a penalty unreasonable;
(c)
that the amount of the penalty is too high.
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(2)
An appeal under this section must be brought within such period after the
giving of the notice imposing the penalty to which it relates as may be specified
by rules of court.
(3)
On an appeal under this section, the court may—
(a)
allow the appeal and cancel the penalty;
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(b)
allow the appeal and reduce the penalty; or
(c)
dismiss the appeal.
(4)
An appeal under this section shall be by way of a rehearing of the Secretary of
State’s decision to impose the penalty.
(5)
The matters to which the court may have regard when determining an appeal
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under this section include all matters that the court considers relevant,
including—
(a)
matters of which the Secretary of State was unaware when he made his
decision; and
(b)
matters which (apart from this subsection) the court would be
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prevented from having regard to by virtue of rules of court.
(6)
An appeal under this section may be brought in relation to a penalty
irrespective of whether a notice of objection under section 34 has been given in
respect of that penalty and of whether there has been an increase or reduction
under that section.
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(7)
In this section “the court” means—
(a)
in England and Wales or Northern Ireland, a county court; and
(b)
in Scotland, the sheriff.

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Code of practice on penalties
(1)
The Secretary of State must issue a code of practice setting out the matters that
he will consider when determining the amount to be imposed in any case by
way of a civil penalty under this Act.
(2)
The Secretary of State must have regard to the code when—
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(a)
imposing a civil penalty under this Act; or
(b)
considering a notice of objection under section 34.
(3)
The court must have regard to the code when determining any appeal under
section 35.
(4)
Before issuing the code, the Secretary of State must lay a draft of it before
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Parliament.
(5)
The code issued under this section does not come into force until the time
specified by order made by the Secretary of State.
(6)
The Secretary of State may from time to time—
(a)
revise the whole or a part of the code; and
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(b)
issue the revised code.
(7)
Subsections (4) and (5) apply to a revised code as they apply to the code first
issued under this section.
Fees and charges
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Fees in respect of functions carried out under Act
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(1)
The Secretary of State may by regulations specify fees, of such amounts as he
thinks fit, to be paid to him in respect of any one or more of the following—
(a)
applications to him for entries to be made in the Register, for the
modification of entries or for the issue of ID cards;
(b)
the making or modification of entries in the Register;
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(c)
the issue of ID cards;
(d)
applications for the provision of information contained in entries in the
Register;
(e)
the provision of such information;
(f)
applications for confirmation that information supplied coincides with
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information recorded in the Register;
(g)
the issue or refusal of such confirmations;
(h)
applications for the approval of a person or of apparatus in accordance
with any regulations under this Act;
(i)
the grant of such approvals.
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(2)
The provision that may be made by regulations under this section includes—
(a)
provision for the payment of fees by instalments; and
(b)
provision establishing arrangements under which instalments may be
paid in anticipation of a fee becoming due.
(3)
In prescribing a fee under this section in respect of anything mentioned in a
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particular paragraph of subsection (1), the Secretary of State may take into
account—

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(a)
expenses that will be or have been incurred by him in respect of that
thing, both in the circumstances in relation to which the fee is
prescribed and in other circumstances;
(b)
expenses that will be or have been incurred by him in respect of such
other things mentioned in that subsection as he thinks fit;
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(c)
other expenses that will be or have been incurred by him in connection
with any provision made by or under this Act;
(d)
expenses that will be or have been incurred by any person in
connection with applications for, and the issue of, designated
documents (whether or not together with ID cards);
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(e)
expenses that will be or have been incurred in the provision of consular
services (within the meaning of section 1 of the Consular Fees Act 1980
(c. 23)); and
(f)
such differences between different persons by or in relation to whom
that thing may be done as he thinks fit.
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(4)
The consent of the Treasury is required for the making of regulations under
subsection (1).
(5)
Every power conferred by or under an enactment to fix or impose fees in
respect of—
(a)
applications for a designated document, or
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(b)
the issue of designated documents,

includes power to fix or impose fees in respect of things done by virtue of this
Act in connection with such applications, or with the issue of such documents.
(6)
Fees received by the Secretary of State by virtue of this section must be paid
into the Consolidated Fund.
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Amendment of Consular Fees Act 1980
In section 1 of the Consular Fees Act 1980 (power to impose fees in respect of
the carrying out of consular functions), after subsection (4) insert—
“(4A)
In prescribing a fee under subsection (1) for the doing of a particular
thing, Her Majesty in Council may take into account—
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(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
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
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subsection as She thinks fit; and
(c)
such differences between different persons in relation to whom
that thing may be 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
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make regulations each includes power—
(a)
to make different provision for different cases;
(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
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transitional provision as that person thinks fit.”