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Other Bills before Parliament

Identity Cards Bill


Identity Cards Bill

1

 

A

Bill

[AS AMENDED ON REPORT]

To

Make provision for a national scheme of registration of individuals and for the

issue of cards capable of being used for identifying registered individuals; to

make it an offence for a person to be in possession or control of an identity

document to which he is not entitled, or of apparatus, articles or materials for

making false identity documents; to amend the Consular Fees Act 1980; to

make provision facilitating the verification of information provided with an

application for a passport; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Registration

1       

The National Identity Register

(1)   

Subject to section 44, it shall be the duty of the Secretary of State to establish

and maintain a register of individuals (to be known as “the National Identity

Register”).

5

(2)   

The purposes for which the Register is to be established and maintained are

confined to the statutory purposes.

(3)   

The statutory purposes are to facilitate, by the maintenance of a record of

registrable facts about individuals in the United Kingdom—

(a)   

the provision of a convenient method for such individuals to prove

10

registrable facts about themselves to others who reasonably require

proof; and

(b)   

the provision of a secure and reliable method for registrable facts about

such individuals to be ascertained, recorded, stored and verified

wherever that is necessary in the public interest.

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HL Bill 7154/1
 
 

Identity Cards Bill

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(4)   

For the purposes of this Act something is necessary in the public interest if, and

only if, it is—

(a)   

in the interests of national security;

(b)   

for the purposes of the prevention or detection of crime;

(c)   

for the purposes of the enforcement of immigration controls;

5

(d)   

for the purposes of the enforcement of prohibitions on unauthorised

working or employment; or

(e)   

for the purpose of preventing illegal or fraudulent access to public

services.

(5)   

In this Act “registrable fact”, in relation to an individual, means—

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(a)   

his identity;

(b)   

the address of his principal place of residence in the United Kingdom;

(c)   

the address of every other place in the United Kingdom or elsewhere

where he has a place of residence;

(d)   

where in the United Kingdom and elsewhere he has previously been

15

resident;

(e)   

the times at which he was resident at different places in the United

Kingdom or elsewhere;

(f)   

his current residential status;

(g)   

residential statuses previously held by him;

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(h)   

information about numbers allocated to him for identification purposes

and about the documents to which they relate;

(i)   

information about occasions on which information recorded about him

in the Register has been provided to any person; and

(j)   

information recorded in the Register at his request.

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(6)   

But the registrable facts falling within subsection (5)(h) do not include any

sensitive personal data (within the meaning of the Data Protection Act 1998

(c. 29)) or anything the disclosure of which would tend to reveal such data.

(7)   

In this section references to an individual’s identity are references to—

(a)   

his full name;

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(b)   

other names by which he is or has previously been known;

(c)   

his gender;

(d)   

his date and place of birth and, if he has died, the date of his death; and

(e)   

physical characteristics of his that are capable of being used for

identifying him.

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(8)   

In this section “residential status”, in relation to an individual, means—

(a)   

his nationality;

(b)   

his entitlement to remain in the United Kingdom; and

(c)   

where that entitlement derives from a grant of leave to enter or remain

in the United Kingdom, the terms and conditions of that leave.

40

2       

Individuals entered in Register

(1)   

An entry must be made in the Register for every individual who—

(a)   

is entitled to be entered in it; and

(b)   

applies to be entered in it.

(2)   

The individuals entitled to be entered in the Register are—

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Identity Cards Bill

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(a)   

every individual who has attained the age of 16 and, without being

excluded under subsection (3) from an entitlement to be registered, is

residing at a place in the United Kingdom; and

(b)   

every individual of a prescribed description who has resided in the

United Kingdom or who is proposing to enter the United Kingdom.

5

(3)   

Regulations made by the Secretary of State may provide that an individual

residing in the United Kingdom is excluded from an entitlement to be

registered if—

(a)   

he is residing in the United Kingdom in exercise of an entitlement to

remain there that will end less than the prescribed period after it was

10

acquired;

(b)   

he is an individual of a prescribed description who has not yet been

resident in the United Kingdom for the prescribed period; or

(c)   

he is residing in the United Kingdom despite having no entitlement to

remain there.

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(4)   

An entry for an individual may be made in the Register (whether or not he has

applied to be, or is entitled to be, entered in it) if—

(a)   

information capable of being recorded in an entry for him is otherwise

available to be recorded; and

(b)   

the Secretary of State considers that the addition of the entry to the

20

Register would be consistent with the statutory purposes.

(5)   

An entry in the Register consisting of all the information recorded about an

individual must be given a unique number, to be known as his National

Identity Registration Number; and that number must comply with the

prescribed requirements.

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(6)   

The Secretary of State may by order modify the age for the time being specified

in subsection (2)(a).

(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 subsection (6)

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

30

resolution of each House.

3       

Information recorded in Register

(1)   

Information—

(a)   

may be entered in the Register, and

(b)   

once entered, may continue to be recorded there,

35

   

only if and for so long as it is consistent with the statutory purposes for it to be

recorded in the Register.

(2)   

Information may not be recorded in the Register unless it is—

(a)   

information the inclusion of which in an individual’s entry is

authorised by Schedule 1;

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(b)   

information of a technical nature for use in connection with the

administration of the Register;

(c)   

information of a technical nature for use in connection with the

administration of arrangements made for purposes connected with the

issue or cancellation of ID cards; and

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(d)   

information that must be recorded in the Register in accordance with

subsection (3).

 
 

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(3)   

Information about an individual must be recorded in his entry in the Register

(whether or not it is authorised by Schedule 1) if—

(a)   

he has made an application to the Secretary of State requesting the

recording of the information as part of his entry;

(b)   

the information is of a description identified in regulations made by the

5

Secretary of State as a description of information that may be made the

subject of such a request; and

(c)   

the Secretary of State considers that it is both practicable and

appropriate for it to be recorded in accordance with the applicant’s

request.

10

(4)   

Where—

(a)   

the Secretary of State and an individual have agreed on what is to be

recorded about a matter in that individual’s entry in the Register, and

(b)   

the Secretary of State has given, and not withdrawn, a direction that

what is to be recorded in that individual’s case about that matter is to

15

be determined by the agreement,

   

there is to be a conclusive presumption for the purposes of this Act that the

information to which the direction relates is accurate and complete

information about that matter.

(5)   

The Secretary of State may by order modify the information for the time being

20

set out in Schedule 1.

(6)   

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

other provision) any provision for adding information to the information that

may be recorded in the Register unless a draft of the order has been laid before

Parliament and approved by a resolution of each House.

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(7)   

A statutory instrument containing an order which—

(a)   

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

this section, and

(b)   

is not an order a draft of which is required to have been laid before

Parliament and approved by a resolution of each House,

30

   

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

Parliament.

4       

Designation of documents for purposes of registration etc.

(1)   

The Secretary of State may by order designate a description of documents for

the purposes of this Act.

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(2)   

The only documents that may be the subject of an order designating a

description of documents for the purposes of this Act are documents which

any of the persons mentioned in subsection (3) is authorised or required to

issue, whether by or under an enactment or otherwise.

(3)   

Those persons are—

40

(a)   

a Minister of the Crown;

(b)   

a government department;

(c)   

a Northern Ireland department;

(d)   

the National Assembly for Wales;

(e)   

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

45

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

 
 

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(4)   

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.

5       

Applications relating to entries in Register

5

(1)   

An application by an individual to be entered in the Register may be made

either—

(a)   

by being included in the prescribed manner in an application for a

designated document; or

(b)   

by being submitted in the prescribed manner directly to the Secretary

10

of State.

(2)   

Where an application to be issued with a designated document is made by an

individual, the application may, if the individual so chooses, do one of the

following—

(a)   

include an application by that individual to be entered in the Register;

15

(b)   

state that the individual is already entered in the Register and confirm

the contents of his entry;

(c)   

state that the individual is entered in the Register and confirm the

contents of his entry subject to the changes notified in the application.

(3)   

Where an individual makes—

20

(a)   

an application to be entered in the Register, or

(b)   

an application which for the purposes of this Act confirms (with or

without changes) the contents of his entry in the Register,

   

the application must be accompanied by the prescribed information.

(4)   

Where an individual has made an application falling within subsection (3)(a)

25

or (b), the Secretary of State may require him to do such one or more of the

things specified in subsection (5) as the Secretary of State thinks fit for the

purpose of—

(a)   

verifying information that may be entered in the Register about that

individual in consequence of that application; or

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(b)   

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

entry about that individual in the Register.

(5)   

The things that an individual may be required to do under subsection (4) are—

(a)   

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

at a specified place and time;

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(b)   

to allow his fingerprints, and other biometric information about

himself, to be taken and recorded;

(c)   

to allow himself to be photographed;

(d)   

otherwise to provide such information as may be required by the

Secretary of State.

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(6)   

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.

(7)   

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

45

section is exercisable, on the first occasion on which regulations are made

 
 

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under this section, only if a draft of the regulations has been laid before

Parliament and approved by a resolution of each House.

ID cards

6       

Issue etc. of ID cards

(1)   

For the purposes of this Act an ID card is a card which—

5

(a)   

is issued to an individual by the Secretary of State, or as part of or

together with a designated document; and

(b)   

does, as respects that individual, both of the things specified in

subsection (2).

(2)   

Those things are—

10

(a)   

recording registrable facts about the individual that are already

recorded as part of his entry in the Register;

(b)   

carrying data enabling the card to be used for facilitating the making of

applications for information recorded in a prescribed part of the

individual’s entry in the Register, or for otherwise facilitating the

15

provision of that information to a person entitled to be provided with it.

(3)   

An ID card issued to an individual—

(a)   

must record only the prescribed information;

(b)   

must record prescribed parts of it in an encrypted form;

(c)   

is valid only for the prescribed period; and

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(d)   

remains the property of the person issuing it.

(4)   

Except in prescribed cases, an ID card must be issued to an individual if he—

(a)   

is entitled to be entered in the Register; and

(b)   

is an individual about whom the prescribed registrable facts are

recorded in the Register.

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(5)   

In prescribed cases an ID card may be issued to an individual who—

(a)   

is not required to be issued with one; but

(b)   

is an individual about whom the prescribed registrable facts are

recorded in the Register.

(6)   

An ID card relating to an individual is not to be issued except on an application

30

made by him which either—

(a)   

accompanies an application made by him to be entered in the Register;

or

(b)   

in the prescribed manner confirms (with or without changes) the

contents of an entry already made in the Register for that individual.

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(7)   

An individual who is not already the holder of an ID card may, if the

individual so chooses, in the prescribed manner, include an application to be

issued with such a card in every application made by him to be issued with a

designated document.

(8)   

Other applications for the issue of an ID card—

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(a)   

may be made only in the prescribed manner;

(b)   

may be made to the Secretary of State or, in prescribed cases, to a

designated documents authority; and

(c)   

must be accompanied by the prescribed information;

 
 

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and regulations for the purposes of paragraph (b) may authorise an application

to be made to a designated documents authority irrespective of whether an

application is made to that authority for the issue of a designated document.

(9)   

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

other provision) any provision for prescribing—

5

(a)   

the information to be recorded in or on an ID card,

(b)   

the form in which information is to be recorded in or on such a card, or

(c)   

the registrable facts which are to be relevant for the purposes of

subsection (4)(b),

   

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

10

by a resolution of each House.

7       

ID cards for those compulsorily registered

(1)   

This section applies where an individual—

(a)   

is subject to compulsory registration; and

(b)   

is entered in the Register.

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(2)   

If the individual—

(a)   

holds a valid ID card that is due to expire within the prescribed period,

or

(b)   

does not hold a valid ID card,

   

he must apply for one within the prescribed period.

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(3)   

Where an individual applies for an ID card in pursuance of this section, the

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

specified in subsection (4) as the Secretary of State thinks fit for the purpose

of—

(a)   

verifying information provided for the purposes of the application; or

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(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—

(a)   

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

at a specified place and time;

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(b)   

to allow his fingerprints, and other biometric information about

himself, to be taken and recorded;

(c)   

to allow himself to be photographed;

(d)   

otherwise to provide such information as may be required by the

Secretary of State.

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(5)   

An individual who contravenes—

(a)   

a requirement imposed by subsection (2), or

(b)   

a requirement imposed under subsection (3),

   

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

8       

Functions of persons issuing designated documents

40

(1)   

A designated documents authority may issue a designated document to an

individual only if—

 
 

 
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