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Other Bills before Parliament

Identity Cards Bill


Identity Cards Bill

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(a)   

it is satisfied that the requirements imposed by or under this Act in

relation to the application for the issue of that document to that

individual have been complied with;

(b)   

it is satisfied that the Secretary of State has considered and disposed of

so much of that application as relates to the making of an entry in the

5

Register or the confirmation (with or without changes) of the contents

of such an entry; and

(c)   

it has ascertained whether the individual already holds a valid ID card.

(2)   

A designated documents authority which issues a designated document to an

individual who does not hold a valid ID card must ensure that the document

10

is issued together with an ID card satisfying the prescribed requirements.

(3)   

Regulations made by the Secretary of State may impose requirements

regulating how designated documents authorities handle—

(a)   

applications to be entered in the Register that are made to them;

(b)   

applications to be issued with ID cards that are made to them (whether

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or not as part of an application for a designated document); and

(c)   

applications made to them that confirm (with or without changes) the

contents of an individual’s entry in the Register.

(4)   

Regulations made by the Secretary of State may also require designated

documents authorities to notify the Secretary of State where a designated

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document that was issued together with an ID card—

(a)   

is modified, suspended or revoked; or

(b)   

is required to be surrendered.

(5)   

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

other provision) any provision prescribing requirements for the purposes of

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subsection (2) unless a draft of the regulations has been laid before Parliament

and approved by a resolution of each House.

Maintaining accuracy of Register etc.

9       

Power to require information for validating Register

(1)   

Where it appears to the Secretary of State that a person on whom a requirement

30

may be imposed under this section may have information in his possession

which could be used for verifying—

(a)   

something recorded in the Register about an individual,

(b)   

something provided to the Secretary of State or a designated

documents authority for the purpose of being recorded in an

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individual’s entry in the Register, or

(c)   

something otherwise available to the Secretary of State to be recorded

about an individual in the Register,

   

the Secretary of State may require that person to provide him with the

information.

40

(2)   

Where it appears to a designated documents authority that a person on whom

a requirement may be imposed under this section may have information in his

possession which could be used for verifying—

(a)   

something that is recorded in the Register about an individual who has

applied to the authority for the issue or modification of a designated

45

document or of an ID card, or

 
 

Identity Cards Bill

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(b)   

something that has been provided to that authority for the purpose of

being recorded in the entry of such an individual in the Register,

   

the authority may require that person to provide it with the information.

(3)   

It shall be the duty of a person who—

(a)   

is required to provide information under this section, and

5

(b)   

has the information in his possession,

   

to comply with the requirement within whatever period is specified in the

requirement.

(4)   

A requirement may be imposed under this section on any person specified for

the purposes of this section in an order made by the Secretary of State.

10

(5)   

The persons who may be specified in such an order include—

(a)   

Ministers of the Crown;

(b)   

government departments;

(c)   

a Northern Ireland department;

(d)   

the National Assembly for Wales;

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(e)   

any other person who carries out functions conferred by or under an

enactment that fall to be carried out on behalf of the Crown.

(6)   

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—

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(a)   

that his duty to provide the information that he is required to provide

is owed to the person imposing it; and

(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

25

the Court of Session Act 1988 (c. 36); or

(iii)   

for any other appropriate remedy or relief.

(7)   

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.

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(8)   

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.

10      

Notification of changes affecting accuracy of Register

35

(1)   

An individual to whom an ID card has been issued must notify the Secretary

of State about—

(a)   

every prescribed change of circumstances affecting the information

recorded about him in the Register; and

(b)   

every error in that information of which he is aware.

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(2)   

A notification for the purposes of this section must be given—

(a)   

in the prescribed manner; and

(b)   

within the prescribed period after the change of circumstances occurs

or the individual in question becomes aware of the error.

 
 

Identity Cards Bill

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(3)   

Where an individual has given a notification for the purposes of this section,

the Secretary of State may require him to do such one or more of the things

falling within subsection (4) as the Secretary of State thinks fit for the purpose

of—

(a)   

verifying the information that may be entered in the Register about that

5

individual in consequence of the notified change or for the purpose of

correcting the error; or

(b)   

otherwise ensuring that there is a complete, up-to-date and accurate

entry about that individual in the Register.

(4)   

The things that an individual may be required to do under subsection (3) are—

10

(a)   

to attend at an agreed place and time or (in the absence of agreement)

at a specified place and time;

(b)   

to allow his fingerprints, and other biometric information about

himself, to be taken and recorded;

(c)   

to allow himself to be photographed;

15

(d)   

otherwise to provide such information as may be required by the

Secretary of State.

(5)   

Regulations under this section must not require an individual to provide

information to another person unless it is information required by the

Secretary of State for the statutory purposes.

20

(6)   

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

without other provision) any provision that he is authorised to make by this

section 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.

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(7)   

An individual who contravenes a requirement imposed on him by or under

this section shall be liable to a civil penalty not exceeding £1,000.

11      

Invalidity and surrender of ID cards

(1)   

Regulations may require an individual to whom an ID card has been issued to

notify the Secretary of State, and such other persons as may be prescribed, if he

30

knows or has reason to suspect that the card has been—

(a)   

lost;

(b)   

stolen;

(c)   

damaged;

(d)   

tampered with; or

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(e)   

destroyed.

(2)   

The Secretary of State may cancel an ID card if it appears to him—

(a)   

that the card was issued in reliance on inaccurate or incomplete

information;

(b)   

that the card has been lost, stolen, damaged, tampered with or

40

destroyed;

(c)   

that there has been a modification of information recorded in the entry

in the Register of the holder of the card;

(d)   

that another change of circumstances requires a modification of

information recorded in or on the card; or

45

(e)   

that it is an ID card of a description of cards that the Secretary of State

has decided should be re-issued.

 
 

Identity Cards Bill

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(3)   

A person who is knowingly in possession of an ID card without either—

(a)   

the lawful authority of the individual to whom it was issued, or

(b)   

the permission of the Secretary of State,

   

must surrender the card as soon as it is practicable to do so.

(4)   

Where it appears to the Secretary of State that a person is in possession of—

5

(a)   

an ID card issued to another,

(b)   

an ID card that has expired or been cancelled or is otherwise invalid,

(c)   

an ID card that has not yet been cancelled but is of a description of cards

that the Secretary of State has decided should be re-issued, or

(d)   

an ID card that is in that person’s possession in consequence of a

10

contravention of a relevant requirement,

   

the Secretary of State may require that person to surrender the card within such

period as he may specify.

(5)   

Where an ID card has to be surrendered under subsection (3) or (4), it must be

surrendered—

15

(a)   

to the Secretary of State; or

(b)   

in the case of a card issued by a designated documents authority, either

to the Secretary of State or to that authority.

(6)   

A person who contravenes a requirement imposed by or under—

(a)   

any regulations under subsection (1), or

20

(b)   

subsection (3) or (4),

   

shall be liable to a civil penalty not exceeding £1,000.

(7)   

In this section—

(a)   

references to a card having been damaged include references to

anything in or on it being, or having become, unreadable or otherwise

25

unusable; and

(b)   

references to a card having been tampered with include references to

information in or on it having been modified for an unlawful purpose,

or copied or otherwise extracted for such a purpose.

(8)   

In this section “relevant requirement” means a requirement to surrender or

30

otherwise to deliver an ID card to the Secretary of State, or to another, which is

imposed—

(a)   

by virtue of any order under section 38, or

(b)   

by any enactment relating to the surrender of any other document.

   

.

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Provision of information from Register for verification purposes etc.

12      

Provision of information for verification or otherwise with consent

(1)   

The Secretary of State may provide a person with information recorded in an

individual’s entry in the Register if—

(a)   

an application for the provision of the information to that person is

40

made by or with the authority of that individual; or

(b)   

that individual otherwise consents to the provision of that information

to that person.

 
 

Identity Cards Bill

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(2)   

The only information about an individual that may be provided to a person

under this section is—

(a)   

information about the individual falling within paragraph 1, 3 or 4 of

Schedule 1 (name, date and place of birth, gender and addresses,

residential status, identifying numbers and validity of identifying

5

documents);

(b)   

the information contained in any photograph of the individual

recorded in the Register;

(c)   

the information about the individual’s signature that is so recorded;

(d)   

information about whether an ID card issued to the individual is in

10

force and, if not, why not;

(e)   

information which, by virtue of section 3(3), is recorded in the Register

at the individual’s request;

(f)   

the questions recorded by virtue of paragraph 8 of Schedule 1 for use

for the purposes of applications for information about the individual;

15

(g)   

information confined to the grant or refusal of confirmation that

information falling within subsection (3) that has been submitted to the

Secretary of State coincides with information so falling that is recorded

in the individual’s entry in the Register; and

(h)   

information confined to the grant or refusal of confirmation that the

20

individual’s entry in the Register does not contain information of a

particular description falling within that subsection.

(3)   

The information falling within this subsection is—

(a)   

information comprised in a fingerprint;

(b)   

other biometric information;

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(c)   

the number to be used for the purposes of applications for information

about the individual in question;

(d)   

the password or other code to be so used; and

(e)   

the answers to the questions to be so used.

(4)   

The Secretary of State may—

30

(a)   

by order modify subsections (2) and (3); and

(b)   

by regulations impose restrictions in addition to those contained in this

section on the information that may be provided to a person under this

section.

(5)   

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

35

(a)   

how an authority for the purposes of subsection (1)(a) is to be given;

(b)   

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

for those purposes may be made; and

(c)   

how such an application is to be made.

(6)   

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

40

of information under this section—

(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

45

prescribed manner; and

(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,

 
 

Identity Cards Bill

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

specified in or determined under the regulations.

(7)   

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

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

5

of conditions imposed under subsection (6)(a) and (b).

(8)   

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

other provision) any provision that he is authorised to make by subsection

(4)(a) unless a draft of the order has been laid before Parliament and approved

by a resolution of each House.

10

(9)   

The restrictions imposed by or under this section on the information that may

be provided to a person do not affect any right apart from this Act for an

individual to be provided with information about the contents of his entry in

the Register.

Required identity checks

15

13      

Power to make public services conditional on identity checks

(1)   

Regulations may make provision allowing or requiring a person who provides

a public service to make it a condition of providing the service to an individual

that the individual produces—

(a)   

an ID card;

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(b)   

other evidence of registrable facts about himself; or

(c)   

both.

(2)   

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

condition on—

(a)   

the entitlement of an individual to receive a payment under or in

25

accordance with any enactment, or

(b)   

the provision of any public service that has to be provided free of

charge,

   

except in cases where the individual is of a description of individuals who are

subject to compulsory registration.

30

(3)   

Nothing in this section authorises the making of regulations the effect of which

would be to require an individual—

(a)   

to carry an ID card with him at all times; or

(b)   

to produce such a card otherwise than for purposes connected with an

application by him for the provision of a public service, or with the

35

provision of a public service for which he has applied.

14      

Procedure for regulations under s. 13

(1)   

The power to make regulations under section 13 shall be exercisable—

(a)   

in relation to the provision of Welsh public services, by the National

Assembly for Wales;

40

(b)   

in relation to the provision of Northern Ireland public services, by a

Northern Ireland department designated for the purpose by order

made by the Office of the First Minister and deputy First Minister; and

 
 

Identity Cards Bill

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(c)   

so far as not exercisable by any other person under paragraph (a) or (b),

by the Secretary of State.

(2)   

In subsection (1)—

(a)   

the reference to the provision of Welsh public services is a reference to

the provision of public services in Wales, so far as their provision is a

5

matter in relation to which the National Assembly for Wales has

functions; and

(b)   

the reference to the provision of Northern Ireland public services is a

reference to the provision of public services in Northern Ireland, so far

as their provision is a transferred matter (within the meaning of section

10

4(1) of the Northern Ireland Act 1998 (c. 47)).

(3)   

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

making of which is authorised by section 13 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

15

before Parliament and approved by a resolution of each House; and

(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 13 are laid before either House of

20

Parliament or the Northern Ireland Assembly, or

(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

25

by the regulations are informed about the matters mentioned in subsection (5),

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

30

by this Act.

(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

35

may be specified or described in that enactment,

   

the power under section 13 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.

15      

Power to provide for checks on the Register

40

(1)   

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

providing a public service in respect of which—

(a)   

a condition is imposed under section 13, 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,

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