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Identity Cards Bill


Identity Cards Bill

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(a)   

set out the Secretary of State’s reasons for deciding that the defaulter is

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;

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(d)   

describe how payment may be made;

(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.

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(4)   

The date for the payment of a penalty must be not less than 14 days after the

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

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(b)   

if not so paid by the specified date, is to be recoverable by him

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;

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(b)   

whether the imposition of the penalty was unreasonable; or

(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.

34      

Objection to penalty

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(1)   

A person to whom a notice under section 33 has been given may give notice to

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

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liable make the imposition of a penalty unreasonable;

(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

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(b)   

must be given to the Secretary of State in the prescribed manner and

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—

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(a)   

cancel the penalty;

(b)   

reduce it;

(c)   

increase it; or

(d)   

confirm it.

 
 

Identity Cards Bill

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(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

of his consideration of the objection.

(5)   

That notification of the outcome of his consideration must be given, in the

prescribed manner—

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(a)   

before the end of the prescribed period; or

(b)   

within such longer period as he may agree with the objector.

(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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35      

Appeals against penalties

(1)   

A person on whom a penalty has been imposed under section 33 may appeal

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

15

liable make the imposition of a penalty unreasonable;

(c)   

that the amount of the penalty is too high.

(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.

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(3)   

On an appeal under this section, the court may—

(a)   

allow the appeal and cancel the penalty;

(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

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State’s decision to impose the penalty.

(5)   

The matters to which the court may have regard when determining an appeal

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

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decision; and

(b)   

matters which (apart from this subsection) the court would be

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

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respect of that penalty and of whether there has been an increase or reduction

under that section.

(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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36      

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

37      

Fees in respect of functions carried out under Act

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(1)   

The Secretary of State may by regulations impose 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—

 
 

Identity Cards Bill

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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;

5

(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)   

References in this section to expenses that will be incurred for any purpose

include references to expenses that the Secretary of State considers are likely to

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be incurred for that purpose over such period as he thinks appropriate,

including expenses that will be incurred only after the commencement of

particular provisions of this Act.

(7)   

The power of the Secretary of State to make regulations containing (with or

without other provision) a provision authorised by subsection (1) is

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exercisable, on the first occasion on which regulations are made under this

section, only if a draft of the regulations has been laid before Parliament and

approved by a resolution of each House.

(8)   

Fees received by the Secretary of State by virtue of this section must be paid

into the Consolidated Fund.

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38      

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;

 
 

Identity Cards Bill

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(c)   

expenses that will be or have been incurred by the Secretary of

State in connection with arrangements made for purposes

connected with both the exercise of such functions and

provision made by or under the Identity Cards Act 2005; and

(d)   

such differences between different persons in relation to whom

5

things may be or have been 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

make regulations each includes power—

(a)   

to make different provision for different cases;

10

(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

transitional provision as that person thinks fit.

(4C)   

References in this section to expenses that will be incurred for any

15

purpose include references to expenses that Her Majesty in Council

considers are likely to be incurred for that purpose over such period as

She thinks appropriate, including expenses that will only be incurred

after the commencement of a particular enactment.”

Provisions relating to passports

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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—

(a)   

for verifying information provided to the Secretary of State for the

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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

information.

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(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

requirement.

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(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;

(d)   

the National Assembly for Wales; or

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(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

fall to be carried out on behalf of the Crown.

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(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

is owed to the person imposing it; and

5

(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

(iii)   

for any other appropriate remedy or relief.

10

(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

other provision) any provision that he is authorised to make by this section

15

unless a draft of the order has been laid before Parliament and approved by a

resolution of each House.

40      

Amendments of legislation relating to passports

(1)   

In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37)

(enforcement of banning orders etc.), for “passport”, wherever occurring,

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substitute “travel authorisation”.

(2)   

In section 22A(1) of that Act (interpretation), after the definition of “prescribed”

insert—

“‘travel authorisation’, in relation to a person, means one or both

of the following—

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(a)   

any UK passport (within the meaning of the

Immigration Act 1971) that has been issued to him;

(b)   

any ID card issued to him under the Identity Cards Act

2005 which records that he is a British citizen.”

(3)   

In sections 33, 35 and 36 of the Criminal Justice and Police Act 2001 (c. 16)

30

(travel restriction orders), for “passport”, wherever occurring, substitute

“travel authorisation”.

(4)   

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—

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(a)   

any UK passport (within the meaning of the Immigration Act

1971) that has been issued to him;

(b)   

any ID card issued to him under the Identity Cards Act 2005

which records that he is a British citizen.”

(5)   

The Secretary of State may by order modify—

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(a)   

any enactment (including an enactment amended by this section), or

(b)   

a provision of any subordinate legislation,

   

for the purpose of including a reference to an ID card, or to an ID card of a

description not already mentioned in that enactment or provision, in any

reference (however worded) to a passport.

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Identity Cards Bill

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(6)   

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

approved by a resolution of each House.

Supplemental

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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

statutory instrument.

(2)   

The following powers are powers exercisable by statutory rule for the purposes

10

of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573

(N.I. 12))—

(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

15

to make an order under section 16(1)(b) designating a Northern Ireland

department for the purposes of the power to make such regulations.

(3)   

Subject to subsection (8), 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.

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(4)   

Subject to subsection (8), every power conferred by this Act on a person to

make an order or regulations includes power—

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as that

person thinks fit; and

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(c)   

to make such incidental, supplemental, consequential and transitional

provision as that person thinks fit.

(5)   

The power under subsection (4) to make incidental, supplemental and

consequential provision in connection with so much of any order or

regulations as authorises or requires anything to be done by or in relation to an

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individual under the age of 16 includes power to provide—

(a)   

for the designation of a person to act on that individual’s behalf for the

purposes of this Act;

(b)   

for that individual’s obligations and liabilities by virtue of this Act to

fall, in the manner and to the extent specified, on the person designated;

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and

(c)   

for section 12 to have effect (even where that individual is not issued

with an ID card) as if obligations arising under that section where an ID

card has been issued fell to be discharged in relation to that individual

by the person designated.

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(6)   

The power of the Secretary of State under subsection (4) to make supplemental

and consequential provision in connection with a modification of Schedule 1

made by an order under section 3(5) includes power—

(a)   

to make modifications of any reference in this Act to a paragraph of that

Schedule; and

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