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Identity Cards Bill


Identity Cards Bill

15

 

   

to be provided with information recorded in the Register that he requires for

the purpose of ascertaining or verifying registrable facts about an individual

who has applied for the provision of the service.

(2)   

Regulations under this section may not authorise the provision to any person

of information falling within paragraph 9 of Schedule 1.

5

(3)   

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;

(b)   

the persons by whom, and the circumstances in which, such an

application may be made; and

10

(c)   

the information that may be provided in response to such an

application and the manner in which it may be provided.

(4)   

The Secretary of State may by regulations make it a condition of the provision

of information under this section—

(a)   

that the person to whom it is provided has registered prescribed

15

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

(c)   

that apparatus used for the purposes of the application, and apparatus

20

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

is for the time being approved in the prescribed manner by the person

specified in or determined under the regulations.

(5)   

The power of the Secretary of State under this section to provide information

about an individual to another person is exercisable only where the provision

25

of the information is subject to the satisfaction in relation to that other person

of conditions imposed under subsection (4)(a) and (b).

(6)   

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

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

30

by a resolution of each House.

(7)   

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

securing that—

(a)   

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

35

reasons for the proposal to make the regulations; and

(b)   

for consulting them about it.

(8)   

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

Scottish Parliament.

16      

Prohibition on requirements to produce identity cards

40

(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,

for the purposes of section 12(1);

(b)   

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

45

the individual establishes his identity by the production of an ID card;

or

 
 

Identity Cards Bill

16

 

(c)   

otherwise to impose a requirement on an individual to produce such a

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

5

regulations under section 13, or in accordance with provision made by

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;

10

(c)   

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

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—

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(a)   

for an injunction or interdict; or

(b)   

for any other appropriate remedy or relief.

(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

20

17      

Public authorities etc.

(1)   

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

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

25

21 in relation to the provision of the information.

(2)   

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

(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;

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(b)   

the provision of information to the Chief of the Secret Intelligence

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

Service’s functions;

(c)   

the provision of information to the Director of the Government

Communications Headquarters for purposes connected with the

35

carrying out of any of the functions of GCHQ; or

(d)   

the provision of information to the Director General of the Serious

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

40

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

of police—

(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.

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Identity Cards Bill

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(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

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;

5

(c)   

for purposes connected with the prevention, detection or investigation

of conduct in respect of which the Commissioners have power to

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

10

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

Commissioners have duties under any enactment;

(e)   

for purposes connected with any of the functions of the Commissioners

in relation to national insurance contributions or national insurance

numbers; or

15

(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

authorised by this section where the information is provided—

(a)   

to a prescribed government department, or

(b)   

to a prescribed Northern Ireland department,

20

   

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

authorised by this section where the information is provided for purposes

connected with the exercise or performance by the authority of—

25

(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.

(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

30

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.

(8)   

The Secretary of State must not make an order or regulations containing (with

or without other provision) any provision that he is authorised to make under

35

this section unless a draft of the order or regulations has been laid before

Parliament and approved by a resolution of each House.

(9)   

In this section—

“chief officer of police” means—

(a)   

the chief officer of police of a police force maintained for a police

40

area in England and Wales;

(b)   

the chief constable of a police force maintained under the Police

(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;

45

(e)   

the Chief Constable of the Civil Nuclear Constabulary;

(f)   

the Chief Constable of the British Transport Police;

(g)   

the chief officer of the States of Jersey Police Force;

 
 

Identity Cards Bill

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(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

(c. 13).

5

(10)   

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

information that exists apart from this section.

18      

Prevention and detection of crime

(1)   

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

with information recorded in an individual’s entry in the Register if—

10

(a)   

the provision of the information is authorised by this section; and

(b)   

there is compliance with any requirements imposed by or under section

21 in relation to the provision of the information.

(2)   

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

Schedule 1 is authorised by this section (so far as it is not otherwise authorised

15

by section 17) 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

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

20

the provision to a person of 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—

25

(a)   

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

subsections (3) to (5) of section 17 or is made as mentioned in subsection

(2) of this section; and

(b)   

for purposes connected with the prevention or detection of serious

crime.

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19      

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

35

(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—

40

(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.

 
 

Identity Cards Bill

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(3)   

The provision of information to a person under this section is subject to

compliance with any requirements imposed by or under section 21 in relation

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

5

individual which is required (whether under section 9 or otherwise) or

intended to be used by the Secretary of State or a designated documents

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

10

documents authority for the purpose of being recorded in an entry

about that individual in the Register, or

(c)   

something otherwise available to the Secretary of State to be so

recorded.

20      

Power to authorise provision of information in other circumstances

15

(1)   

In a case where there is no authorisation under sections 17 to 19 for the

provision of information, the Secretary of State may nevertheless, without the

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

20

Schedule 1;

(b)   

the information is of a description specified or described in an order

made by the Secretary of State;

(c)   

the information is provided to a public authority so specified or

described;

25

(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

21 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

30

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

interest.

(3)   

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

35

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.

21      

Rules for providing information without individual’s consent

(1)   

Under sections 17 to 20 the Secretary of State may provide a person with

40

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.

(2)   

The Secretary of State may by regulations make provision—

(a)   

imposing requirements that must be satisfied before information is

45

provided under any of sections 17 to 20; and

 
 

Identity Cards Bill

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(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

sections.

(3)   

Those regulations may include—

(a)   

provision requiring a person to be provided with information only

5

where an application for it has been made by or on behalf of that

person;

(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

10

applications must be made.

(4)   

The Secretary of State may by regulations make it a condition of providing

information to a person—

(a)   

that that person (where not specified in sections 17 to 20) and the

applicant for the information (where different) are for the time being

15

approved by the Secretary of State in the prescribed manner; and

(b)   

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 in the prescribed manner by the person

specified in or determined under the regulations.

20

(5)   

The Secretary of State may also by regulations provide that information that

may be provided to a person under any of sections 17 to 20 may be provided

instead to another person who—

(a)   

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

under that section;

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(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

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

person holding that office, rank or position.

30

(6)   

A power of the Secretary of State under any of sections 17 to 20 to provide

information about an individual to another person is exercisable only where

the provision of the information is subject to the satisfaction in relation to that

other person of conditions imposed under subsection (4)(a).

(7)   

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

35

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.

Supervision of operation of Act

22      

Appointment of National Identity Scheme Commissioner

40

(1)   

The Crown must, on the recommendation of the Secretary of State, appoint a

Commissioner to be known as the National Identity Scheme Commissioner.

(2)   

It shall be the function of the Commissioner (subject to subsection (4)) to keep

under review—

 
 

Identity Cards Bill

21

 

(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;

(b)   

the arrangements for the time being maintained by designated

documents authorities for the purposes of their functions under this

5

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

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

(d)   

the uses to which ID cards are being put.

10

(3)   

Where the Commissioner reviews any arrangements in accordance with

subsection (2), his review must include, in particular, a review of the extent to

which the arrangements make appropriate provision—

(a)   

for securing the confidentiality and integrity of information recorded in

the Register; and

15

(b)   

for dealing with complaints made to the Secretary of State or a

designated documents authority about the carrying out of the functions

mentioned in that subsection.

(4)   

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

20

instrument or by statutory rule for the purposes of the Statutory Rules

(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;

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(d)   

the provision of information to the Director-General of the Security

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 21(5), of information that

30

may be provided to that Director-General, Chief or Director;

(f)   

the exercise by the Secretary of State of his powers under section 37; or

(g)   

arrangements made for the purposes of anything mentioned in

paragraphs (a) to (f).

(5)   

It shall be the duty of every official of the Secretary of State’s department to

35

provide the Commissioner with all such information (including information

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

functions under this Act.

(6)   

The Commissioner is to hold office in accordance with the terms of his

appointment; and there shall be paid to him out of money provided by

40

Parliament such allowances as the Treasury may determine.

(7)   

The Secretary of State—

(a)   

after consultation with the Commissioner, and

(b)   

subject to the approval of the Treasury as to numbers,

   

must provide the Commissioner with such staff as the Secretary of State

45

considers necessary for the carrying out of the Commissioner’s functions.

(8)   

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public

authorities for the purposes of that Act), at the appropriate place, insert—

 
 

 
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