(1) A person to whom a notice under section 31 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;
(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) 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 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;
(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.
(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 penalty, he must give the objector a new penalty notice under section 31; and, where he reduces it, he must notify the objector of the reduced amount.
(1) A person on whom a penalty has been imposed under section 31 may appeal to the court on one or more of the following grounds—
(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 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
(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, 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.
(6) An appeal under this section may be brought in relation to a penalty irrespective of whether a notice of objection under section 32 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—
(a) in England and Wales or Northern Ireland, a county court; and
(b) in Scotland, the sheriff.
(1) The Secretary of State must issue a code of practice setting out the matters that must be considered when determining—
(a) whether a civil penalty should be imposed under this Act; and
(b) the amount of such a penalty.
(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 32.
(3) The court must have regard to the code when determining any appeal under section 33.
(4) Before issuing the code, the Secretary of State must lay a draft of it before Parliament.
(5) Before a draft code under this section is laid before Parliament, the Secretary of State must take such steps as he thinks fit—
(a) for securing that members of the public in the United Kingdom are informed about the proposed code; and
(b) for consulting them about it.
(6) The code issued under this section does not come into force until the time specified by order made by the Secretary of State.
(7) 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.
(8) Subsections (4) to (6) apply to a revised code as they apply to the code first issued under this section.
(9) The power of the Secretary of State to make an order containing (with or without other provision) a provision authorised by this section is exercisable, on the first occasion on which an order is made under this section, only if a draft of the order has been laid before Parliament and approved by a resolution of each House.
(10) 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,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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 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;
(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 with any regulations under this Act;
(i) the grant of such approvals.
(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 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;
(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 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
(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 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.
(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.
(7) The power of the Secretary of State to make regulations containing (with or without other provision) a provision that he is authorised to make by subsection (1) is exercisable—
(a) on the first occasion on which regulations are made under this section, and
(b) on every subsequent occasion on which it appears to the Secretary of State that the power is being exercised for purposes that are not confined to the modification of existing fees to take account of changes in the value of money,
only if a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(8) Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund.
In section 1 of the Consular Fees Act 1980 (power to impose fees in respect of 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 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 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 2006; and
(d) such differences between different persons in relation to whom things may be or have been done as She thinks fit.
(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 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 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.”
(1) Before the end of the six months beginning with the day on which this Act is passed, the Secretary of State must prepare and lay before Parliament a report setting out his estimate of the public expenditure likely to be incurred on the ID cards scheme during the ten years beginning with the laying of the report.
(2) Before the end of every six months beginning with the laying of a report under this section, the Secretary of State must prepare and lay before Parliament a further report setting out his estimate of the public expenditure likely to be incurred on the ID cards scheme during the ten years beginning with the end of those six months.
(3) References in this section, in relation to any period of ten years, to the public expenditure likely to be incurred on the ID cards scheme are references to the expenditure likely to be incurred over that period by the Secretary of State and designated documents authorities on—
(a) the establishment and maintenance of the Register;
(b) the issue, modification, renewal, replacement, re-issue and surrender of ID cards;
(c) the provision to persons by the Secretary of State of information recorded in individuals' entries in the Register.
(4) If it appears to the Secretary of State that it would be prejudicial to securing the best value from the use of public money to publish any matter by including it in his next report under this section, he may exclude that matter from that report.
(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 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—
(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—
(a) a Minister of the Crown;
(b) a government department;
(c) a Northern Ireland department;
(d) the National Assembly for Wales; or
(e) any person not falling within paragraph (a) to (d) who is specified for the purposes of this section in an order made by the Secretary of State.
(4) The persons who may be specified in an order under subsection (3)(e) include any person who carries out functions conferred by or under an enactment that fall to be carried out on behalf of the Crown.
(5) 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—
(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 the Court of Session Act 1988 (c. 36); or
(iii) for any other appropriate remedy or relief.
(6) 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.
(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 this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) In sections 14E, 19, 21B and 21C of the Football Spectators Act 1989 (c. 37) (enforcement of banning orders etc.), for “passport”, wherever occurring, substitute “travel authorisation”.
(2) In section 22A(1) of that Act (interpretation), after the definition of “prescribed” insert—
“‘travel authorisation’, in relation to a person, means one or both of the following—
(a) any UK passport (within the meaning of the Immigration Act 1971) that has been issued to him;
(b) any ID card issued to him under the Identity Cards Act 2006 which records that he is a British citizen.”
(3) In sections 33, 35 and 36 of the Criminal Justice and Police Act 2001 (c. 16) (travel restriction orders), for “passport”, wherever occurring, substitute “travel authorisation”.
(4) For section 33(8) of that Act substitute—
“(8) In this section ‘UK travel authorisation’, in relation to a person, means one or both of the following—
(a) any UK passport (within the meaning of the Immigration Act 1971) that has been issued to him;
(b) any ID card issued to him under the Identity Cards Act 2006 which records that he is a British citizen.”
(5) The Secretary of State may by order modify—
(a) any enactment (including an enactment amended by this section), or
(b) a provision of any subordinate legislation,
for the purpose of including a reference to an ID card, or to an ID card of a description not already mentioned in that enactment or provision, in any reference (however worded) to a passport.
(6) 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 for modifying an enactment unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(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,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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.
(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
(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 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.
(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 44(3)) includes power—
(a) to make different provision for different cases;
(b) to make provision subject to such exemptions and exceptions as that 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 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 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 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(6) includes power—
(a) to make modifications of any reference in this Act to a paragraph of that Schedule; and
(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;
(b) for the modification of such conditions in the prescribed manner; and
(c) for the suspension or withdrawal of an approval.
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 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.
(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 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 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;
“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 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—
a provision of Northern Ireland legislation; and34
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(5));
“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;
“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 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;
“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;
“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);
“subject to compulsory registration” means required to be entered in the Register in accordance with an obligation imposed by an Act of Parliament passed after the passing of this Act;
“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—
(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 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 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 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.
(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 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 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—
(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.
(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 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.
(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
(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.
(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
(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.
(1) This Act may be cited as the Identity Cards Act 2006.
(2) The enactments in Schedule 2 are repealed to the extent shown in the second column of that Schedule.
(3) This Act (apart from this section and sections 36 and 38) 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.
(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 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 into force of any provision of this Act following the conduct of such a trial.
(5) Sections 36 and 38 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 extend with such modifications (if any) as She thinks fit to any of the Channel Islands or to the Isle of Man.
(7) Section 40(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.
(8) This Act extends to Northern Ireland.