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The Identity Cards Act 2006 (Fees) Regulations 2009

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Identity Cards Act 2006 (Fees) Regulations 2009 No. 2805

Draft Regulations laid before Parliament under section 35(7)(a) of the Identity Cards Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2009 No.

Identity Cards

The Identity Cards Act 2006 (Fees) Regulations 2009

Made

***

Coming into force

***

The Secretary of State, in exercise of the powers conferred by sections 35(1)(a) and 40(4) of the Identity Cards Act 2006(1), and with the consent of the Treasury, makes the following Regulations.

In accordance with section 35(7)(a) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Identity Cards Act 2006 (Fees) Regulations 2009 and shall come into force on the day after the day on which they are made.

(2) In these Regulations—

“airside pass” in relation to an airport means a pass allowing the person to whom it has been issued unaccompanied access to a restricted zone or part of a restricted zone at that airport;

“relevant time” means the time when the person makes an application to be entered in the Register or for the issue of an ID card; and

“restricted zone” means an area designated by the Secretary of State under section 11A of the Aviation Security Act 1982(2).

Prescribed fees

2.—(1) Subject to regulation 3, the fee for an application to be entered in the Register is £30.

(2) Subject to regulations 3 and 4, the fee for an application for the issue of an ID card is £30.

Exemptions for airside workers

3.  No fee is payable for an application to be entered in the Register or for the issue of an ID card, if at the relevant time the applicant—

(a)holds an airside pass in respect of Manchester or London City Airport;

(b)holds employment for which such a pass is required; or

(c)has been offered employment for which such a pass is required.

General exemptions from the fee for an application for the issue of an ID card

4.  No fee is payable for an application for the issue of an ID card in a case where—

(a)the application accompanies an application to be entered in the Register; or

(b)the Secretary of State has cancelled the applicant’s previous ID card under—

(i)section 11(2)(b) of the 2006 Act, on the ground that the card has been damaged, provided that the damage did not occur after the issue of the card to the applicant; or

(ii)section 11(2)(e) of the 2006 Act, on the ground that it was one of a description of cards that the Secretary of State has decided should be re-issued because they are faulty, as a result of a defect in the issuing or manufacturing process.

Name

Minister of State

Home Office

Date

We consent

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 35(1) of the Identity Cards Act 2006 provides a power for the Secretary of State by regulations to impose fees for certain services connected with the Secretary of State’s functions under that Act.

Regulation 2 imposes a fee of £30 for an application to be entered in the Register and for the issue of an ID card respectively.

Regulation 3 provides exemptions from these fees in respect of applicants who hold or require an airside pass for Manchester and London City Airports.

Regulation 4 provides additional exemptions from the fee for the application for the issue of an ID card.

(2)

1982 c. 36; section 11A was inserted by section 8(1) of, and paragraph 3 of Schedule 1 to, the Aviation and Maritime Security Act 1990 (c. 31).

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