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Identity Cards Bill


Identity Cards Bill

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(3)   

Regulations containing (with or without other provision) any provision the

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

5

(b)   

in the case of regulations made by a Northern Ireland department, has

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

10

(b)   

regulations under that section are made by the National Assembly for

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),

15

and for consulting them about the proposal.

(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.

20

(6)   

Where—

(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,

25

   

the power under section 15 to impose a condition for the provision of that

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.

17      

Power to provide for checks on the Register

(1)   

The Secretary of State may by regulations make provision authorising a person

30

providing a public service in respect of which—

(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

35

the purpose of ascertaining or verifying registrable facts about an individual

who has applied for the provision of the service.

(2)   

The Secretary of State may by regulations make provision as to—

(a)   

the manner in which applications for the provision of information

under this section must be made;

40

(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

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

45

of information under this section—

 
 

Identity Cards Bill

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(a)   

that the person to whom it is provided has registered prescribed

particulars about himself with the Secretary of State;

(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

5

(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,

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

10

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

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

15

securing that—

(a)   

members of the public in the United Kingdom are informed about the

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

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Scottish Parliament.

18      

Prohibition on requirements to produce identity cards

(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,

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for the purposes of section 14(1);

(b)   

to make it a condition of doing anything in relation to an individual that

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

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card.

(2)   

Each of the following is a case in which such a condition or requirement may

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

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or under any other enactment;

(b)   

where provision is made allowing the individual to satisfy the

condition or other requirement using reasonable alternative methods of

establishing his identity;

(c)   

where the individual is of a description of individuals who are subject

40

to compulsory registration.

(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—

(a)   

for an injunction or interdict; or

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(b)   

for any other appropriate remedy or relief.

 
 

Identity Cards Bill

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(4)   

In this section “enactment” includes an enactment comprised in an Act of the

Scottish Parliament.

Other purposes for which registered information can be provided

19      

Public authorities etc.

(1)   

The Secretary of State may, without the individual’s consent, provide a person

5

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

23 in relation to the provision of the information.

(2)   

The provision of information is authorised by this section where it is—

10

(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;

(b)   

the provision of information to the Chief of the Secret Intelligence

Service for purposes connected with the carrying out of any of that

15

Service’s functions;

(c)   

the provision of information to the Director of the Government

Communications Headquarters for purposes connected with the

carrying out of any of the functions of GCHQ; or

(d)   

the provision of information to the Director General of the Serious

20

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

authorised by this section where the information is provided to a chief officer

of police—

25

(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.

(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

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Commissioners for Her Majesty’s Revenue and Customs—

(a)   

in the interests of national security;

(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

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impose penalties, or with the imposition of such penalties;

(d)   

for the purpose of facilitating the checking of information provided to

the Commissioners in connection with anything under their care and

management, or with any other matter in relation to which the

Commissioners have duties under any enactment;

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(e)   

for purposes connected with any of the functions of the Commissioners

in relation to national insurance contributions or national insurance

numbers; or

(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

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authorised by this section where the information is provided—

 
 

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(a)   

to a prescribed government department, or

(b)   

to a prescribed Northern Ireland department,

   

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

5

authorised by this section where the information is provided for purposes

connected with the exercise or performance by the authority of—

(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.

10

(7)   

The powers of the Secretary of State by virtue of this section to make an order

or regulations authorising the provision of information to a person are

exercisable for the purposes only of authorising the provision of information in

circumstances in which its provision to the person in question is necessary in

the public interest.

15

(8)   

In this section—

“chief officer of police” means—

(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

20

(Scotland) Act 1967 (c. 77);

(c)   

the Chief Constable of the Police Service of Northern Ireland;

(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;

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(g)   

the chief officer of the States of Jersey Police Force;

(h)   

the chief officer of the salaried police force of the Island of

Guernsey; or

(i)   

the Chief Constable of the Isle of Man Constabulary;

“GCHQ” has the same meaning as in the Intelligence Services Act 1994

30

(c. 13).

(9)   

Nothing in this section is to be construed as restricting any power to disclose

information that exists apart from this section.

20      

Prevention and detection of crime

(1)   

The Secretary of State may, without the individual’s consent, provide a person

35

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

23 in relation to the provision of the information.

(2)   

The provision of a person with information not falling within paragraph 9 of

40

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

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 (restriction on

45

disclosure of information for overseas purposes) shall have effect in relation to

 
 

Identity Cards Bill

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the provision of a person with information by virtue of subsection (2) as it

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—

5

(a)   

to a person to whom information may be provided by virtue of any of

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.

10

21      

Correcting inaccurate or incomplete information

(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

15

(b)   

it appears to the Secretary of State that the information was inaccurate

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—

20

(a)   

the respects in which it is inaccurate or incomplete; and

(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

25

to its provision.

(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

30

authority for verifying—

(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

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(c)   

something otherwise available to the Secretary of State for being so

recorded.

22      

Power to authorise provision of information in other circumstances

(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

40

individual’s consent, provide a public authority with information recorded in

an individual’s entry in the Register if—

(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

45

made by the Secretary of State;

 
 

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(c)   

the information is provided to a public authority so specified or

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

5

23 in relation to the provision of the information.

(2)   

The power of the Secretary of State by virtue of this section to make an order

authorising the provision of information to a public authority is exercisable for

the purpose only of authorising the provision of information in circumstances

in which its provision to the authority in question is necessary in the public

10

interest.

(3)   

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.

15

23      

Rules for providing information without individual’s consent

(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.

20

(2)   

The Secretary of State may by regulations make provision—

(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

25

sections.

(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;

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(b)   

provision specifying or describing the persons who are entitled to make

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

35

information to a person—

(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

40

that it is proposed to use for the receipt and storage of the information,

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

45

instead to another person who—

 
 

Identity Cards Bill

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(a)   

is authorised by that person to be a recipient of information provided

under that section;

(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

5

answerable or subordinate to him, in respect of any of his duties as a

person holding that office, rank or position.

(6)   

The Secretary of State must not make regulations containing (with or without

other provision) any provision authorised by this section unless a draft of the

regulations has been laid before Parliament and approved by a resolution of

10

each House.

Supervision of operation of Act

24      

Appointment of National Identity Scheme Commissioner

(1)   

The Secretary of State must appoint a Commissioner to be known as the

National Identity Scheme Commissioner.

15

(2)   

It shall be the function of the Commissioner (subject to subsection (3)) to keep

under review—

(a)   

the arrangements for the time being maintained by the Secretary of

State for the purposes of his functions under this Act or the subordinate

legislation made under it;

20

(b)   

the arrangements for the time being maintained by designated

documents authorities for the purposes 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

25

Act or that subordinate legislation and for recording and using it; and

(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

30

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12));

(b)   

appeals against civil penalties;

(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

35

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 exercise by the Secretary of State of his powers under section 39; 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

45

recorded in the Register) as he may require for the purpose of carrying out his

functions under this Act.

 
 

 
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