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Identity Cards Bill


Identity Cards Bill

27

 

   

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.

31      

Tampering with the Register etc.

(1)   

A person is guilty of an offence under this section if—

5

(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—

(a)   

intends to cause a modification of information recorded in the Register;

10

or

(b)   

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—

15

(a)   

where it contributes to a modification of such information; and

(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.

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(4)   

It is immaterial for the purposes of this section—

(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.

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(5)   

For the purposes of this section a modification is unauthorised, in relation to

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

30

entitled.

(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—

35

(a)   

that he was a person entitled to determine if that modification might be

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

40

ten years or to a fine, or to both;

(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;

 
 

Identity Cards Bill

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(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;

   

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

5

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

or partly outside the United Kingdom—

(a)   

proceedings for the offence may be taken at any place in the United

Kingdom; and

10

(b)   

the offence may for all incidental purposes be treated as having been

committed at any such place.

(9)   

In this section—

“conduct” includes acts and omissions; and

“modification” includes a temporary modification.

15

32      

Amendments relating to offences

(1)   

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

conduct outside England and Wales), after paragraph (c) insert—

“(ca)   

an offence under section 27 of the Identity Cards Act 2005;”.

20

(2)   

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

to which section applies), after paragraph (a) insert—

“(aa)   

section 27(1) or (5) of the Identity Cards Act 2005;”

25

(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

2005;”.

(3)   

In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.)

30

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.”

(4)   

In 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

35

without a warrant), at the end insert—

“(q)   

an offence under—

(i)   

section 27(5) of the Identity Cards Act 2005 (possession

of false document etc.);

(ii)   

section 29 of that Act (disclosure of information on

40

National Identity Register); or

(iii)   

section 30 of that Act (providing false information).”

(5)   

In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996

(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

45

 
 

Identity Cards Bill

29

 

Justice Act 1993), after sub-paragraph (c) insert—

“(ca)   

an offence under section 27 of the Identity Cards Act 2005;”.

Civil penalties

33      

Imposition of civil penalties

(1)   

This section applies where the Secretary of State is satisfied that a person (“the

5

defaulter”) is a person who is liable under this Act to a civil penalty not

exceeding a specified amount.

(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.

10

(3)   

A notice imposing such a penalty must—

(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

15

State;

(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

20

penalty.

(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

25

notice imposing it; and

(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—

30

(a)   

whether the defaulter was liable to the penalty;

(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.

35

34      

Objection to penalty

(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;

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(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.

 
 

Identity Cards Bill

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(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

within the prescribed period after the giving of the notice imposing the

5

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;

(b)   

reduce it;

10

(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

of his consideration of the objection.

15

(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.

(6)   

Where, on consideration of an objection, the Secretary of State increases the

20

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.

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—

25

(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.

(2)   

An appeal under this section must be brought within such period after the

30

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;

(b)   

allow the appeal and reduce the penalty; or

35

(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

under this section include all matters that the court considers relevant,

40

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

prevented from having regard to by virtue of rules of court.

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Identity Cards Bill

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(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.

(7)   

In this section “the court” means—

5

(a)   

in England and Wales or Northern Ireland, a county court; and

(b)   

in Scotland, the sheriff.

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

10

way of a civil penalty under this Act.

(2)   

The Secretary of State must have regard to the code when—

(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

15

section 35.

(4)   

Before issuing the code, the Secretary of State must lay a draft of it before

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.

20

(6)   

The Secretary of State may from time to time—

(a)   

revise the whole or a part of the code; and

(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.

25

Fees and charges

37      

Fees in respect of functions carried out under Act

(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

30

modification of entries or for the issue of ID cards;

(b)   

the making or modification of entries in the Register;

(c)   

the issue of ID cards;

(d)   

applications for the provision of information contained in entries in the

Register;

35

(e)   

the provision of such information;

(f)   

applications for confirmation that information supplied coincides with

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

40

with any regulations under this Act;

(i)   

the grant of such approvals.

 
 

Identity Cards Bill

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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

5

particular paragraph of subsection (1), the Secretary of State may take into

account—

(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;

10

(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;

(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

15

connection with applications for, and the issue of, designated

documents (whether or not together with ID cards);

(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

20

(f)   

such differences between different persons by or in relation to whom

that thing may be done as he thinks fit.

(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

25

respect of—

(a)   

applications for a designated document, or

(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.

30

(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

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.

35

(7)   

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

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

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.

40

(8)   

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

into the Consolidated Fund.

38      

Amendment of Consular Fees Act 1980

In section 1 of the Consular Fees Act 1980 (power to impose fees in respect of

 
 

Identity Cards Bill

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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—

(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

5

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

subsection as She thinks fit;

(c)   

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

10

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

things may be or have been done as She thinks fit.

15

(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;

(b)   

to make provision subject to such exemptions and exceptions as

20

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

purpose include references to expenses that Her Majesty in Council

25

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

39      

Verifying information provided with passport applications etc.

30

(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

purposes of, or in connection with, an application for the issue of a

35

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.

(2)   

It shall be the duty of a person who—

40

(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.

(3)   

A requirement may be imposed under this section on—

45

(a)   

a Minister of the Crown;

 
 

 
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