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Identity Cards Bill


Identity Cards Bill

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Supplemental

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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.

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(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))—

(a)   

the power of a Northern Ireland department to make regulations under

section 13; and

10

(b)   

the power of the Office of the First Minister and deputy First Minister

to make an order under section 14(1)(b) designating a Northern Ireland

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

(3)   

A statutory instrument containing regulations which—

(a)   

contain provisions that the Secretary of State is authorised to make by

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this Act, and

(b)   

are not regulations a draft of which is required to have been laid before

Parliament and approved by a resolution of each House,

   

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

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(4)   

Every power conferred by this Act on a person to make an order or regulations

(other than the power of the Secretary of State to make an order under section

43(3)) includes power—

(a)   

to make different provision for different cases;

(b)   

to make provision subject to such exemptions and exceptions as that

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person thinks fit; and

(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

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

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

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

and

(c)   

for section 10 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

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by the person designated.

(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

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Schedule; and

 
 

Identity Cards Bill

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(b)   

in connection with that modification, to amend section 12(2) and (3) in

such manner as he thinks fit.

(7)   

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;

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(b)   

for the modification of such conditions in the prescribed manner; and

(c)   

for the suspension or withdrawal of an approval.

40      

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

10

or in connection with the carrying out of his functions under this Act;

and

(b)   

any increase attributable to this Act in the sums which are payable out

of money so provided under any other Act.

41      

General interpretation

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(1)   

In this Act—

“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

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iris or of any other part of the eye;

“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

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appointed under section 22;

“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;

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“crime” means a crime within the meaning of the Regulation of

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

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duty to issue a designated document;

“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—

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(a)   

a provision of Northern Ireland legislation; and

(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(4));

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Identity Cards Bill

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“fingerprint”, in relation to an individual, means a record (in any form

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 6(1);

“information” includes documents and records;

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“issue”, in relation to a document or card, and cognate expressions are to

be construed in accordance with subsection (5);

“modification” includes omission, addition or alteration, and cognate

expressions are to be construed accordingly;

“necessary in the public interest” is to be construed in accordance with

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section 1(4);

“place of residence” and “resides” and cognate expressions are to be

construed subject to any regulations under subsection (10);

“prescribed” means prescribed by regulations made by the Secretary of

State;

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“public authority” has the same meaning as in section 6 of the Human

Rights Act 1998 (c. 42);

“public service” is to be construed in accordance with subsection (2);

“the Register” means the National Identity Register established and

maintained under section 1;

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“registrable fact” has the meaning given by section 1(5) and (6);

“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);

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“subject to compulsory registration” means required by virtue of section

6 to be entered in the Register;

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30).

(2)   

References in this Act to the provision of a public service are references to—

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(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

department;

(c)   

the doing by any other person of anything in relation to an individual

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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;

(d)   

the provision of any service to an individual under arrangements made

(directly or indirectly) between the person providing the service and a

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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

(e)   

the acceptance or acknowledgment of the conduct of an individual as

compliance by that individual with a requirement imposed on him by

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or under an enactment, or the receipt of any notification or information

provided by an individual for the purpose of complying with such a

requirement.

 
 

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(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.

(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

5

consists of information falling within paragraphs 1 to 5 of Schedule 1 or section

3(3).

(5)   

References in this Act to the issue of a document or card include references to

its renewal, replacement or re-issue (with or without modifications).

(6)   

References in this Act to a designated document being issued together with an

10

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

individual’s entry in the Register include references to confirming or otherwise

disclosing to him—

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(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

Register include references to a password or code generated by a method so

recorded.

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(9)   

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (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.

(10)   

The Secretary of State may by regulations make provision for the purposes of

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this Act as to the circumstances in which a place is to be regarded, in relation

to an individual—

(a)   

as a place where he resides; or

(b)   

as his principal place of residence in the United Kingdom.

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Scotland

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(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,

only—

(a)   

in relation to a matter, or for purposes, outside the legislative

competence of the Scottish Parliament; or

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(b)   

in accordance with an Act of that Parliament.

(2)   

Regulations under section 13 may not allow or require the imposition of a

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.

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(3)   

Nothing in this section restricts—

(a)   

the effect of any provision of this Act authorising information recorded

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

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(c)   

any power under this Act to make provision (including provision about

the use of ID cards) for purposes connected with the authorisation by

virtue of this Act of the provision of such information to a person.

43      

Short title, repeals, commencement, transitory provision and extent

(1)   

This Act may be cited as the Identity Cards Act 2006.

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(2)   

The enactments in Schedule 2 are repealed to the extent shown in the second

column of that Schedule.

(3)   

Subject to section 44, this Act (apart from this section, section 44 and sections

36 and 37) 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.

10

(4)   

The power to bring provisions of this Act into force on different days for

different purposes includes power—

(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

15

specified description of persons for the purpose of conducting a trial of

the arrangements under which the provisions will have effect when

brought into force in relation to other areas or descriptions of persons;

and

(c)   

power to make transitional provision in connection with the bringing

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into force of any provision of this Act following the conduct of such a

trial.

(5)   

Sections 36 and 37 come into force at the end of the period of two months

beginning with the day on which this Act is passed.

(6)   

Her Majesty may by Order in Council provide for provisions of this Act to

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extend with such modifications (if any) as She thinks fit to any of the Channel

Islands or to the Isle of Man.

(7)   

Section 39(4) applies to the power of Her Majesty in Council to make an Order

in Council under subsection (6) as it applies to the power of any other person

to make an order under this Act.

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(8)   

This Act extends to Northern Ireland.

44      

Commencement: report on costs and benefits

(1)   

No provision of this Act, except sections 36, 37, 43 and this section, shall be

brought into force until the Secretary of State has laid before Parliament a

report in accordance with subsection (2) and that report has been approved by

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the House of Commons.

(2)   

The report shall contain—

(a)   

a detailed estimate of the revenue and capital costs arising from this Act

(“the cost estimate”); and

(b)   

a statement of the expected benefits of this Act.

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(3)   

The cost estimate shall cover costs incurred by the bodies specified in

subsection (6) and shall comprise—

(a)   

a statement in the format of resource accounts as defined in the

Government Resources and Accounts Act 2000 (c. 20);

 
 

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(b)   

a statement of cash expenditures;

(c)   

a statement setting out the material assumptions that have been made

in preparing the cost estimate.

(4)   

The cost estimate shall include—

(a)   

the actual costs incurred in the period from 26th April 2004 to the date

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to which the cost estimate is prepared; and

(b)   

the costs that are estimated to be incurred during a period of 10 years

after the date to which the estimate is prepared or such longer future

period as shall be determined by the Secretary of State.

(5)   

The cost estimate shall be analysed into each of the financial years ending 31st

10

March covered by the cost estimate.

(6)   

The bodies referred to in subsection (3) are—

(a)   

all Government departments or agencies;

(b)   

any other person who carries out functions under this Act;

   

and for the avoidance of doubt it is hereby declared that “Government

15

departments or agencies” includes any Northern Ireland department and the

National Assembly for Wales.

(7)   

The cost estimate shall be examined by the Comptroller and Auditor General

who shall prepare a report on it and shall lay the report before Parliament.

 
 

 
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