Office of Public Sector 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
(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—
(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.
(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 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 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.
(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 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;
(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 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 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) Under sections 17 to 20 the Secretary of State may provide a person with 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 provided under any of sections 17 to 20; and
(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 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 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 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.
(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;
(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.
(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 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.
(1) The Secretary of State must 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—
(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 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.
(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
(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 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;
(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 may be provided to that Director-General, Chief or Director;
(f) the exercise by the Secretary of State of his powers under section 38; 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 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 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 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—
“The National Identity Scheme Commissioner.”
(9) In this section “intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).
(1) As soon as practicable after the end of each calendar year, the Commissioner must make a report to the Secretary of State about the carrying out of the Commissioner’s functions.
(2) The Commissioner may also, at any other time, make such report to the Secretary of State on any matter relating to the carrying out of those functions as the Commissioner thinks fit.
(3) The Secretary of State must lay before Parliament a copy of every report made to him under this section.
(4) If it appears to the Secretary of State, after consultation with the Commissioner, that the publication of a particular matter contained in a report under this section would be prejudicial to—
(a) national security, or
(b) the prevention or detection of crime,
the Secretary of State may exclude that matter from the copy of the report that he lays before Parliament.
(5) Where a matter is excluded under subsection (4) from a copy of a report laid before Parliament, the Secretary of State must, when he lays that copy of the report, also lay before Parliament a statement that a matter has been excluded from the report under that subsection.
(1) The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
(2) In section 59 (functions of Intelligence Services Commissioner), after subsection (2) insert—
“(2A) The Intelligence Services Commissioner shall also keep under review—
(a) the acquisition, storage and use by the intelligence services of information recorded in the National Identity Register;
(b) the provision of such information to members of the intelligence services in accordance with any provision made by or under the Identity Cards Act 2006;
(c) arrangements made by the Secretary of State or any of the intelligence services for the purposes of anything mentioned in paragraph (a) or (b).”
(3) In section 65(2)(b) (complaints in relation to which Tribunal has jurisdiction), after “subsection (4)” insert “or (4A)”.
(4) In section 65(3) (proceedings in relation to which the Tribunal has jurisdiction), for the “or” at the end of paragraph (c) substitute—
“(ca) they are proceedings relating to the provision to a member of any of the intelligence services of information recorded in an individual’s entry in the National Identity Register;
(cb) they are proceedings relating to the acquisition, storage or use of such information by any of the intelligence services; or”.
(5) After section 65(4) insert—
“(4A) The Tribunal is also the appropriate forum for a complaint if it is a complaint by an individual about what he believes to be—
(a) the provision to a member of any of the intelligence services of information recorded in that individual’s entry in the National Identity Register; or
(b) the acquisition, storage or use of such information by any of the intelligence services.”
(1) It is an offence for a person with the requisite intention to have in his possession or under his control—
(a) an identity document that is false and that he knows or believes to be false;
(b) an identity document that was improperly obtained and that he knows or believes to have been improperly obtained; or
(c) an identity document that relates to someone else.
(2) The requisite intention for the purposes of subsection (1) is—
(a) the intention of using the document for establishing registrable facts about himself; or
(b) the intention of allowing or inducing another to use it for establishing, ascertaining or verifying registrable facts about himself or about any other person (with the exception, in the case of a document within paragraph (c) of that subsection, of the individual to whom it relates).
(3) It is an offence for a person with the requisite intention to make, or to have in his possession or under his control—
(a) any apparatus which, to his knowledge, is or has been specially designed or adapted for the making of false identity documents; or
(b) any article or material which, to his knowledge, is or has been specially designed or adapted to be used in the making of false identity documents.
(4) The requisite intention for the purposes of subsection (3) is the intention—
(a) that he or another will make a false identity document; and
(b) that the document will be used by somebody for establishing, ascertaining or verifying registrable facts about a person.
(5) It is an offence for a person to have in his possession or under his control, without reasonable excuse—
(a) an identity document that is false;
(b) an identity document that was improperly obtained;
(c) an identity document that relates to someone else; or
(d) any apparatus, article or material which, to his knowledge, is or has been specially designed or adapted for the making of false identity documents or to be used in the making of such documents.
(6) A person guilty of an offence under subsection (1) or (3) shall be liable, on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.
(7) A person guilty of an offence under subsection (5) shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
but, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.
(8) For the purposes of this section—
(a) an identity document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45) (see section 9(1) of that Act); and
(b) an identity document was improperly obtained if false information was provided, in or in connection with the application for its issue or an application for its modification, to the person who issued it or (as the case may be) to a person entitled to modify it;
and references to the making of a false identity document include references to the modification of an identity document so that it becomes false.
(9) Subsection (8)(a) does not apply in the application of this section to Scotland.
(10) In this section “identity document” has the meaning given by section 26.
(1) In section 25 “identity document” means any document that is, or purports to be—
(a) an ID card;
(b) a designated document;
(c) an immigration document;
(d) a United Kingdom passport (within the meaning of the Immigration Act 1971 (c. 77));
(e) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;
(f) a document that can be used (in some or all circumstances) instead of a passport;
(g) a UK driving licence; or
(h) a driving licence issued by or on behalf of the authorities of a country or territory outside the United Kingdom.
(2) In subsection (1) “immigration document” means—
(a) a document used for confirming the right of a person under the Community Treaties in respect of entry or residence in the United Kingdom;
(b) a document which is given in exercise of immigration functions and records information about leave granted to a person to enter or to remain in the United Kingdom; or23
(c) a registration card (within the meaning of section 26A of the Immigration Act 1971);
and in paragraph (b) “immigration functions” means functions under the Immigration Acts (within the meaning of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)).
(3) In that subsection “UK driving licence” means—
(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (c. 52); or
(b) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
(4) The Secretary of State may by order modify the list of documents in subsection (1).
(5) 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) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) A person is guilty of an offence if, without lawful authority—
(a) he provides any person with information that he is required to keep confidential; or
(b) he otherwise makes a disclosure of any such information.
(2) For the purposes of this section a person is required to keep information confidential if it is information that is or has become available to him by reason of his holding an office or employment the duties of which relate, in whole or in part, to—
(a) the establishment or maintenance of the Register;
(b) the issue, manufacture, modification, cancellation or surrender of ID cards; or
(c) the carrying out of the Commissioner’s functions.
(3) For the purposes of this section information is provided or otherwise disclosed with lawful authority if, and only if the provision or other disclosure of the information—
(a) is authorised by or under this Act or another enactment;
(b) is in pursuance of an order or direction of a court or of a tribunal established by or under any enactment;
(c) is in pursuance of a Community obligation; or
(d) is for the purposes of the performance of the duties of an office or employment of the sort mentioned in subsection (2).
(4) It is a defence for a person charged with an offence under this section to show that, at the time of the alleged offence, he believed, on reasonable grounds, that he had lawful authority to provide the information or to make the other disclosure in question.
(5) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(1) A person is guilty of an offence if, in circumstances falling within subsection (2), he provides false information to any person —
(a) for the purpose of securing the making or modification of an entry in the Register;
(b) in confirming (with or without changes) the contents of an entry in the Register; or
(c) for the purpose of obtaining for himself or another the issue or modification of an ID card.
(2) Those circumstances are that, at the time of the provision of the information he—
(a) knows or believes the information to be false; or
(b) is reckless as to whether or not it is false.
(3) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
but, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.
(1) A person is guilty of an offence under this section if—
(a) he engages in any conduct that causes an unauthorised modification of information recorded in the Register; and
(b) at the time when he engages in the conduct, he has the requisite intent.
(2) For the purposes of this section a person has the requisite intent if he—
(a) intends to cause a modification of information recorded in the Register; or
(b) is reckless as to whether or not his conduct will cause such a modification.
(3) For the purposes of this section the cases in which conduct causes a modification of information recorded in the Register include—
(a) where it contributes to a modification of such information; and
(b) where it makes it more difficult or impossible for such information to be retrieved in a legible form from a computer on which it is stored by the Secretary of State, or contributes to making that more difficult or impossible.
(4) It is immaterial for the purposes of this section—
(a) whether the conduct constituting the offence, or any of it, took place in the United Kingdom; or
(b) in the case of conduct outside the United Kingdom, whether it is conduct of a British citizen.
(5) For the purposes of this section a modification is unauthorised, in relation to the person whose conduct causes it, if—
(a) he is not himself entitled to determine if the modification may be made; and
(b) he does not have a consent to the modification from a person who is so entitled.
(6) In proceedings against a person for an offence under this section in respect of conduct causing a modification of information recorded in the Register it is to be a defence for that person to show that, at the time of the conduct, he believed, on reasonable grounds—
(a) that he was a person entitled to determine if that modification might be made; or
(b) that consent to the modification had been given by a person so entitled.
(7) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
but, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.
(8) In the case of an offence by virtue of this section in respect of conduct wholly or partly outside the United Kingdom—
(a) proceedings for the offence may be taken at any place in the United Kingdom; and
(b) the offence may for all incidental purposes be treated as having been committed at any such place.
(9) In this section—
“conduct” includes acts and omissions; and
“modification” includes a temporary modification.
(1) In section 1(2) of the Criminal Justice Act 1993 (c. 36) (Group A offences in respect of which jurisdiction is extended for some purposes in relation to conduct outside England and Wales), after paragraph (c) insert—
“(ca) an offence under section 25 of the Identity Cards Act 2006;”.
(2) In section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention)—
(a) in subsection (3) (offences in England and Wales and Northern Ireland to which section applies), after paragraph (a) insert—
“(aa) section 25(1) or (5) of the Identity Cards Act 2006;”
(b) in subsection (4) (offences in Scotland to which section applies), after paragraph (b) insert—
“(ba) under section 25(1) or (5) of the Identity Cards Act 2006;”.
(3) In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (powers of arrest for immigration officers), after paragraph (p) insert—
“(q) an offence under section 25 of the Identity Cards Act 2006.”
(4) In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (offences for which an arrest may be made without a warrant), at the end insert—
“(q) an offence under—
(i) section 25(5) of the Identity Cards Act 2006 (possession of false document etc.);
(ii) section 27 of that Act (disclosure of information on National Identity Register); or
(iii) section 28 of that Act (providing false information).”
(5) In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which makes provision in relation to conduct outside Northern Ireland corresponding to that made by section 1(2) of the Criminal Justice Act 1993 (c. 36)), after sub-paragraph (c) insert—
“(ca) an offence under section 25 of the Identity Cards Act 2006;”.
(1) This section applies where the Secretary of State is satisfied that a person (“the defaulter”) is a person who is liable under this Act to a civil penalty not exceeding a specified amount.
(2) The Secretary of State may, by a notice given to the defaulter in the prescribed manner, impose on him a penalty of such amount, not exceeding the specified amount, as the Secretary of State thinks fit.
(3) A notice imposing such a penalty must—
(a) set out the Secretary of State’s reasons for deciding that the defaulter is liable to a penalty;
(b) state the amount of the penalty that is being imposed;
(c) specify a date before which the penalty must be paid to the Secretary of State;
(d) describe how payment may be made;
(e) explain the steps that the defaulter may take if he objects to the penalty; and
(f) set out and explain the powers of the Secretary of State to enforce the penalty.
(4) The date for the payment of a penalty must be not less than 14 days after the giving of the notice imposing it.
(5) A penalty imposed in accordance with this section—
(a) must be paid to the Secretary of State in a manner described in the notice imposing it; and
(b) if not so paid by the specified date, is to be recoverable by him accordingly.
(6) In proceedings for recovery of a penalty so imposed no question may be raised as to—
(a) whether the defaulter was liable to the penalty;
(b) whether the imposition of the penalty was unreasonable; or
(c) the amount of the penalty.
(7) Sums received by the Secretary of State in respect of penalties imposed in accordance with this section must be paid into the Consolidated Fund.
Identity Cards Act 2006