Search Legislation

The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009

What Version

 Help about what version
  • Draft legislation

Opening Options

 Help about opening options

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 (Information and Code of Practice on Penalties) Order 2009 No. 2570

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 1 to the Identity Cards Act 2006 (“the 2006 Act”) by inserting a new paragraph 6(ga) so as to enable the Secretary of State, in accordance with section 3 of the 2006 Act, to record in an individual’s entry in the Register particulars of persons who act as a referee in respect of an application for an ID card or a designated document.

It also revokes the Verification of Information in Passports Applications Etc. (Specified Persons) Order 2007, which was made under section 38 of the 2006 Act and specifies the persons listed (a) in Article 3 for the purposes of section 9 of the 2006 Act and (b) in Article 5 for the purposes of section 38 of that Act.

The effect of specifying persons under those sections is that a requirement to provide information may be imposed on those persons under those sections.

Sections 9(3) and 38(2) of the 2006 Act place a duty on a person who is required under those sections to provide information and who has the information in his possession to comply with the requirement. Article 6 provides that the duty is owed to the person imposing the requirement and Article 7 provides for the means of enforcement of the duty.

Section 17(3) of the 2006 Act authorises the provision of information not falling within paragraph 9 of Schedule 1 to that Act where the information is provided to a chief officer of police (a) in the interests of national security and (b) for purposes connected with the prevention or detection of crime. Article 8 specifies another purpose for which such information may be provided to a chief office of police, namely for purposes connected with identifying victims of an event which has caused loss of human life or human illness or injury.

Article 9 specifies for the purposes of section 20(1) of the 2006 Act (a) the Security Industry Authority, (b) the information which is listed in paragraph (3) and (c) purposes connected with the carrying out of that Authority’s functions under section 1(2)(a) to (d) of the Private Security Act 2001.

Article 9 also specifies for the purposes of section 20(1) of the 2006 Act (a) the Scottish Crime and Drug Enforcement Agency, (b) information, other than that which falls under paragraph 9 of Schedule 1 to the 2006 Act, which may be recorded in an individual’s entry in the Register and (c) purposes connected with the carrying out of that Agency’s functions under section 2(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006.

The effect of doing so is that in a case where there is no authorisation under any of sections 17 to 19 of the 2006 Act, the Secretary of State may nevertheless, without the individual’s consent, provide those public authorities with the specified information for the purposes specified in respect of that authority, provided there is compliance with any requirements imposed by or under section 21 of that Act in relation to the provision of the information.

Article 10 provides for the coming into force of the code of practice issued under section 34 of the 2006 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources