Identity Cards Bill

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Identity Cards Bill

Identity Cards Bill
33

Provisions relating to passports
39
Verifying information provided with passport applications etc.
(1)
Where it appears to the Secretary of State that a person on whom a requirement
may be imposed under this section may have information in his possession
which could be used—
5
(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
passport, or
(b)
for determining whether to withdraw an individual’s passport,

the Secretary of State may require that person to provide him with the
10
information.
(2)
It shall be the duty of a person who—
(a)
is required to provide information under this section, and
(b)
has the information in his possession,

to comply with the requirement within whatever period is specified in the
15
requirement.
(3)
A requirement may be imposed under this section on—
(a)
a Minister of the Crown;
(b)
a government department;
(c)
a Northern Ireland department;
20
(d)
the National Assembly for Wales; or
(e)
any person not falling within paragraph (a) to (d) who is specified for
the purposes of this section in an order made by the Secretary of State.
(4)
The persons who may be specified in an order under subsection (3)(e) include
any person who carries out functions conferred by or under an enactment that
25
fall to be carried out on behalf of the Crown.
(5)
The power of the Secretary of State to make an order specifying a person as a
person on whom a requirement may be imposed under this section includes
power to provide —
(a)
that his duty to provide the information that he is required to provide
30
is owed to the person imposing it; and
(b)
that the duty is enforceable in civil proceedings—
(i)
for an injunction;
(ii)
for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988 (c. 36); or
35
(iii)
for any other appropriate remedy or relief.
(6)
The Secretary of State may, in such cases (if any) as he thinks fit, make
payments to a person providing information in accordance with this section in
respect of the provision of the information.
(7)
The Secretary of State must not make an order containing (with or without
40
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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40
Amendments of legislation relating to passports
(1)
In section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode), for
the “or” at the end of paragraph (a) (proof of right of abode by passport)
insert—
“(aa)
a valid ID card issued to him under the Identity Cards Act 2005
5
which records that he is a British citizen; or”
(2)
In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37)
(enforcement of banning orders etc.), for “passport”, wherever occurring,
substitute “travel authorisation”.
(3)
In section 22A(1) of that Act (interpretation), after the definition of “prescribed”
10
insert—
“‘travel authorisation’, in relation to a person, means one or both
of the following—
(a)
any UK passport (within the meaning of the
Immigration Act 1971) that has been issued to him;
15
(b)
any ID card issued to him under the Identity Cards Act
2005 which records that he is a British citizen.”
(4)
In sections 33, 35 and 36 of the Criminal Justice and Police Act 2001 (c. 16)
(travel restriction orders), for “passport”, wherever occurring, substitute
“travel authorisation”.
20
(5)
For section 33(8) of that Act substitute—
“(8)
In this section ‘UK travel authorisation’, in relation to a person, means
one or both of the following—
(a)
any UK passport (within the meaning of the Immigration Act
1971) that has been issued to him;
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(b)
any ID card issued to him under the Identity Cards Act 2005
which records that he is a British citizen.”
(6)
The Secretary of State may by order modify—
(a)
any enactment (including an enactment amended by this section), or
(b)
any subordinate legislation,
30

for the purpose of including a reference to an ID card in any reference
(however worded) to a passport.
(7)
The Secretary of State must not make an order containing (with or without
other provision) any provision authorised by this section which modifies an
enactment unless a draft of the order has been laid before Parliament and
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approved by a resolution of each House.
Supplemental
41
Orders and regulations
(1)
Every power conferred by this Act on the Secretary of State or the National
Assembly for Wales to make an order or regulations is a power exercisable by
40
statutory instrument.
(2)
The following powers are powers exercisable 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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(a)
the power of a Northern Ireland department to make regulations under
section 15; and
(b)
the power of the Office of the First Minister and deputy First Minister
to make an order under section 16(1)(b) designating a Northern Ireland
department for the purposes of the power to make such regulations.
5
(3)
Subject to subsection (7), a statutory instrument containing an order or
regulations made by the Secretary of State under this Act shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
(4)
Subject to subsection (7), every power conferred by this Act on a person to
make an order or regulations includes power—
10
(a)
to make different provision for different cases;
(b)
to make provision subject to such exemptions and exceptions as that
person thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as that person thinks fit.
15
(5)
The power of the Secretary of State under subsection (4) to make consequential
provision in connection with a modification of Schedule 1 by an order under
section 3(5) includes power—
(a)
to make consequential modifications of any reference in this Act to a
paragraph of that Schedule; and
20
(b)
in connection with that modification, to amend section 14(2) and (3) in
such manner as he thinks fit.
(6)
Any power to make provision by regulations under this Act for the approval
of a person or of apparatus includes power to provide—
(a)
for the grant of an approval subject to prescribed conditions;
25
(b)
for the modification of such conditions in the prescribed manner; and
(c)
for the suspension or withdrawal of an approval.
(7)
Subsection (3) does not apply to a statutory instrument which—
(a)
comprises an order under section 45 bringing a provision of this Act
into force; or
30
(b)
makes provision by reference to which a draft of the order or
regulations contained in the instrument is required to have been laid
before Parliament and approved by a resolution of each House;

and subsection (4) does not apply to the power to make an order under section
45 bringing a provision of this Act into force.
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42
Expenses of Secretary of State
There shall be paid out of money provided by Parliament—
(a)
any sums authorised or required to be paid by the Secretary of State for
or in connection with the carrying out of his functions under this Act;
and
40
(b)
any increase attributable to this Act in the sums which are payable out
of money so provided under any other Act.
43
General interpretation
(1)
In this Act—

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“apparatus” includes any equipment, machinery or device and any wire
or cable, together with any software used with it;
“biometric information”, in relation to an individual, means data about
his external characteristics, including, in particular, the features of an
iris or of any other part of the eye;
5
“card” includes a document or other article, or a combination of a
document and an article, in or on which information is or may be
recorded;
“the Commissioner” means the National Identity Scheme Commissioner
appointed under section 24;
10
“confirm”, in relation to the contents of an individual’s entry in the
Register, is to be construed in accordance with subsection (4);
“contravention” includes a failure to comply, and cognate expressions are
to be construed accordingly;
“crime” means a crime within the meaning of the Regulation of
15
Investigatory Powers Act 2000 (c. 23) (see section 81(2) of that Act);
“designated document” means a document of a description designated
for the purposes of this Act by an order under section 4;
“designated documents authority” means a person with the power or
duty to issue a designated document;
20
“detection”, in relation to crime or serious crime, is to be construed in
accordance with subsection (9);
“document” includes a stamp or label;
“enactment” includes—
(a)
a provision of Northern Ireland legislation; and
25
(b)
enactments passed or made after the passing of this Act;
“false”, in relation to information, includes containing any inaccuracy or
omission that results in a tendency to mislead (and is to be construed
subject to section 3(3));
“fingerprint”, in relation to an individual, means a record (in any form
30
and produced by any method) of the skin pattern and other physical
characteristics or features of any of his fingers;
“ID card” is to be construed in accordance with section 8(1);
“information” includes documents and records;
“issue”, in relation to a document or card, and cognate expressions are to
35
be construed in accordance with subsection (5);
“modification” includes omission, addition or alteration, and cognate
expressions are to be construed accordingly;
“place of residence” and “resides” are to be construed subject to any
regulations under subsection (10);
40
“prescribed” means prescribed by regulations made by the Secretary of
State or determined in accordance with such regulations by the
prescribed person;
“public authority” has the same meaning as in section 6 of the Human
Rights Act 1998 (c. 42);
45
“public service” is to be construed in accordance with subsection (2);
“the Register” means the National Identity Register established and
maintained under section 1;
“registrable fact” has the meaning given by section 1(5);

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“serious crime” means crime that is serious crime within the meaning of
the Regulation of Investigatory Powers Act 2000 (c. 23) (see section
81(2) and (3) of that Act);
“statutory purposes” means the purposes specified in section 1(3);
“subordinate legislation” has the same meaning as in the Interpretation
5
Act 1978 (c. 30).
(2)
References in this Act to the provision of a public service are references to—
(a)
the provision of any service to an individual by a public authority;
(b)
the exercise or performance in relation to an individual of any power or
duty of a Minister of the Crown, the Treasury or a Northern Ireland
10
department;
(c)
the doing by any other person of anything in relation to an individual
which that other person is authorised or required to do for purposes
connected with the carrying out of any function conferred by or under
an enactment;
15
(d)
the provision of any service to an individual under arrangements made
(directly or indirectly) between the person providing the service and a
public authority who, for purposes connected with the carrying out of
a function so conferred on that authority, bears the whole or a part of
the expense of providing the service to that individual; or
20
(e)
treating an individual as having complied with a requirement imposed
on him by or under any enactment.
(3)
References in this Act to an application for the provision of a public service
include references to any claim, request or requirement for the provision of the
service.
25
(4)
References in this Act to an individual confirming the contents of his entry in
the Register are references to his confirming that entry to the extent only that it
consists of information falling within paragraphs 1 to 5 of Schedule 1 or section
3(2).
(5)
References in this Act to the issue of a document or card include references to
30
its renewal, replacement or re-issue (with or without modifications).
(6)
References in this Act to a designated document being issued together with an
ID card include references to the ID card and the designated document being
comprised in the same card.
(7)
References in this Act to providing a person with information recorded in an
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individual’s entry in the Register include references to confirming or otherwise
disclosing to him—
(a)
that the information is recorded in that entry; or
(b)
that particular information is not recorded in that entry.
(8)
References in this Act to information recorded in an individual’s entry in the
40
Register include references to a password or code generated by a method so
recorded.
(9)
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (which defines
detection) applies for the purposes of this Act as it applies for the purposes of
the provisions of that Act that are not in Chapter 1 of Part 1 of that Act.
45
(10)
The Secretary of State may by regulations make provision for the purposes of
this Act as to the circumstances in which a place is to be regarded, in relation
to an individual—

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(a)
as a place where he resides; or
(b)
as his principal place of residence in the United Kingdom.
44
Scotland
(1)
The use in or as regards Scotland of the Register or of a card issued in
accordance with this Act is authorised, and is capable of being authorised,
5
only—
(a)
in relation to a matter, or for purposes, outside the legislative
competence of the Scottish Parliament; or
(b)
in accordance with an Act of that Parliament.
(2)
Regulations under section 15 may not allow or require the imposition of a
10
condition in or as regards Scotland on the provision of a public service except
where the provision of that service is outside the legislative competence of the
Scottish Parliament.
(3)
Nothing in this section restricts—
(a)
the effect of any provision of this Act authorising information recorded
15
in the Register to be provided to a person;
(b)
any power under this Act to make provision authorising such
information to be provided to a person; or
(c)
any power under this Act to make provision (including provision about
the use of ID cards) for purposes connected with the authorisation by
20
virtue of this Act of the provision of such information to a person.
45
Short title, repeals, commencement, transitory provision and extent
(1)
This Act may be cited as the Identity Cards Act 2005.
(2)
The enactments in Schedule 2 are repealed to the extent shown in the second
column of that Schedule.
25
(3)
This Act (apart from this section and sections 38 and 39) shall come into force
on such day as the Secretary of State may by order appoint; and different days
may be appointed for different purposes.
(4)
The power to bring provisions of this Act into force on different days for
different purposes includes power—
30
(a)
to bring provisions into force on different days in relation to different
areas or descriptions of persons;
(b)
to bring provisions into force in relation to a specified area or a
specified description of persons for the purpose of conducting a trial of
the arrangements under which the provisions will have effect when
35
brought into force in relation to other areas or descriptions of persons;
and
(c)
power to make transitional provision in connection with the bringing
into force of any provision of this Act following the conduct of such a
trial.
40
(5)
Sections 38 and 39 come into force at the end of the period of two months
beginning with the day on which this Act is passed.
(6)
In relation to times before the Serious Organised Crime Agency begins to carry
out its functions, section 19(2) is to have effect as if for paragraph (d) and the

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word “or” immediately preceding it, there were substituted—
“(d)
the provision of information to the Director General of the
National Criminal Intelligence Service for purposes connected
with the carrying out of any of that Service’s functions; or
(e)
the provision of information to the Director General of the
5
National Crime Squad for purposes connected with the
carrying out of any of that Squad’s functions.”
(7)
Her Majesty may by Order in Council provide for provisions of this Act to
extend with such modifications (if any) as She thinks fit to any of the Channel
Islands or to the Isle of Man.
10
(8)
Section 41(4) applies to the power of Her Majesty in Council to make an Order
in Council under subsection (7) as it applies to the power of any other person
to make an order under this Act.
(9)
This Act extends to Northern Ireland.