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The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

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 (Application and Issue of ID Card and Notification of Changes) Regulations 2009 No. 2795

Regulation 5

SCHEDULE 1Information, other than documents, to accompany application for entry in the Register and accompanying application for issue of an ID card

PART 1

Information required from all applicants

1.—(1) Subject to sub-paragraph (2), in the case of all applicants –

(a)full name by which the applicant is commonly known for official purposes,

(b)any other names by which the applicant is or has been known for official purposes and details of the period during which the applicant is or has been so known ,

(c)subject to sub-paragraph (e), address of the applicant’s principal place of residence in the United Kingdom,

(d)address of any other place of residence, in the United Kingdom or elsewhere, which the applicant wishes to be entered in the Register,

(e)where the applicant has no place of residence in the United Kingdom, a contact address in the United Kingdom,

(f)address of any other principal place of residence of the applicant during the period of five years immediately preceding the date of signature of the application form,

(g)gender of the applicant,

(h)date of birth of the applicant,

(i)place of birth of the applicant (including town and country of birth),

(j)nationality of the applicant,

(k)any previous nationality of the applicant,

(l)any national insurance number allocated to the applicant,

(m)a contact telephone number for the applicant,

(n)signature of the applicant,

(o)date of signature of the application,

(p)the information relating to a referee specified in paragraph 2,

(q)the answers to questions for the purposes of paragraph 8(c) of Schedule 1 to the 2006 Act.,

(r)whether the applicant owes any money to the United Kingdom for repatriation or any other form of consular relief, and

(s)whether the applicant is subject to a court order that would prevent the applicant from applying for, being issued with or using a travel document, including details of the period when the prohibition will be in force

(t)a declaration that the applicant is not subject to deportation proceedings and that the applicant does not have any outstanding exclusion or deportation orders made against them.

(2) In the case of an applicant where the only information relating to gender they have provided to accompany their application is information relating to an acquired gender and their application is accompanied by—

(a)a valid passport recording that gender;

(b)a valid identity card recording that gender;

(c)a birth or adoption certificate in a form which contains details of the parents or, as the case may be, adoptive parents recording that gender;

(d)or a gender recognition certificate recording that gender,

(e)paragraph 1(b) shall be modified as to refer only to the names by which the applicant has been known for official purposes that relate to their acquired gender.

2.  Information relating to a referee –

(a)full name,

(b)number of years the referee has known the applicant,

(c)address of principal place of residence,

(d)date of birth,

(e)profession,

(f)whether they hold a valid United Kingdom passport, valid Irish passport or valid United Kingdom ID card and

(g)a contact telephone number.

Information required from British citizens and British subjects who currently hold a valid United Kingdom passport

3.  In the case of an applicant who is a British citizen and who holds a valid United Kingdom passport describing the applicant as a British citizen, the number and date and place of issue and issuing authority, of that passport.

4.  In the case of an applicant who is a British subject with the right of abode in the United Kingdom and who holds a valid United Kingdom passport describing the applicant as a British subject with the right of abode in the United Kingdom, the number and date and place of issue and issuing authority of that passport.

Information required from British citizens and British subjects who do not currently hold a valid United Kingdom passport

5.  In the case of an applicant who claims to be a British citizen and who does not hold a valid United Kingdom passport describing the applicant as a British citizen –

(a)full name of the applicant’s mother,

(b)place of birth of the applicant’s mother (including town and country),

(c)date of birth of the applicant’s mother,

(d)nationality of the applicant’s mother at the time of the applicant’s birth,

(e)where the applicant’s mother has been issued with a United Kingdom passport describing her as a British citizen, the number and date of issue of the last such passport issued to her or of such a passport held by her at the time of the applicant’s birth,

(f)date of any marriage between the applicant’s mother and the applicant’s father,

(g)full name of the applicant’s father,

(h)place of birth of the applicant’s father (including town and country),

(i)date of birth of the applicant’s father,

(j)nationality of the applicant’s father at the time of the applicant’s birth,

(k)where the applicant’s father has been issued with a United Kingdom passport describing him as a British citizen, the number and date of issue of the last such passport issued to him, or of such a passport held by him at the time of the applicant’s birth, and

(l)where the applicant has been issued with a naturalisation certificate, the number and date and place of issue of that certificate.

6.  In the case of an applicant who claims to be a British subject with right of abode in the United Kingdom who does not hold a valid United Kingdom passport describing the applicant as a British subject with right of abode in the United Kingdom –

(a)full name of the applicant’s mother,

(b)place of birth of the applicant’s mother (including town and country),

(c)date of birth of the applicant’s mother,

(d)nationality of the applicant’s mother at the time of the applicant’s birth,

(e)date of any marriage between the applicant’s mother and the applicant’s father,

(f)full name of the applicant’s father,

(g)place of birth of the applicant’s father (including town and country),

(h)date of birth of the applicant’s father, and

(i)nationality of the applicant’s father at the time of the applicant’s birth.

Information required from EEA nationals and their family members

7.  In the case of an applicant who claims to be an EEA national, either –

(a)the number, date of issue, place of issue and issuing authority of their valid identity card, or

(b)the number, date of issue, place of issue and issuing authority of their valid passport.

8.  In the case of an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006(1);

(a)the number and date and place of issue of their valid passport, and

(b)the authority that issued that passport.

Information required from applicants who have dual nationality

9.  In the case of an applicant who has dual nationality, the number and date and place of issue and issuing authority of any valid identity card or passport of the applicant, details of which are not required to be supplied by virtue of any of the preceding paragraphs of this Part of this Schedule.

PART 2Documents to accompany application for entry in the Register and accompanying application for issue of an ID card

Documents required from applicants who are relevant airside workers

10.  In the case of an applicant who is a relevant airside worker, in addition to the documents listed in paragraphs 11 to 26, written confirmation from the applicant’s employer that the applicant holds a valid airside pass or is required to apply for an airside pass due to the applicant’s employment or proposed employment.

Documents required from British citizens and British subjects who currently hold a valid United Kingdom passport

11.  In the case of an applicant who is a British citizen and who holds a valid United Kingdom passport describing the applicant as a British citizen, that passport.

12.  In the case of an applicant who is a British subject with right of abode in the United Kingdom under section 31 of the British Nationality Act 1981(2) and who holds a valid United Kingdom passport describing the applicant as a British subject with right of abode, that passport together with any notice in writing given to the Secretary of State under section 31(3) of the British Nationality Act 1981 (continuance as British subjects of certain former citizens of Eire).

13.  In the case of an applicant who is a British subject with the right of abode in the United Kingdom under an enactment other than section 31 of the British Nationality Act 1981and who holds a valid United Kingdom passport describing the applicant as a British subject with the right of abode in the United Kingdom, that passport, together with a declaration that the applicant has not taken up alternative citizenship or nationality.

Documents required from British citizens or British subjects who do not currently hold a valid United Kingdom passport who were born or adopted in the United Kingdom

14.  In the case of an applicant who claims to be a British citizen, who does not hold a valid United Kingdom passport describing the applicant as a British citizen and who was born or adopted in the United Kingdom before 1st January 1983, the applicant’s birth certificate or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

15.—(1) In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen and who was born or adopted in the United Kingdom on or after 1st January 1983 –

(a)the document specified in sub-paragraph (2), and

(b)either –

(i)one of the documents specified in sub-paragraph (3), or

(ii)one of the documents specified in sub-paragraph (4), and where the document provided under paragraph (a) is a birth certificate, the applicant’s parents’ marriage certificate.

(2) The document specified for the purposes of sub-paragraph (1)(a) is the applicant’s birth certificate or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

(3) The documents specified for the purposes of sub-paragraph (1)(b)(i) are -

(a)the applicant’s mother’s United Kingdom birth certificate;

(b)the applicant’s mother’s certificate of registration or naturalisation;

(c)the applicant’s mother’s passport valid at the time of the applicant’s birth.

(4) The documents specified for the purposes of sub-paragraph (1)(b)(ii) are –

(a)the applicant’s father’s United Kingdom birth certificate;

(b)the applicant’s father’s certificate of registration or naturalisation;

(c)the applicant’s father’s passport valid at the time of the applicant’s birth.

Documents required from British citizens or British subjects who do not currently hold a valid United Kingdom passport who were not born or adopted in the United Kingdom

16.  In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen, who was not born or adopted in the United Kingdom, but who has been issued with a certificate of registration or naturalisation –

(a)the applicant’s passport on which the applicant first entered the United Kingdom; and

(b)the applicant’s valid certificate of registration or naturalisation.

17.  In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen, who was not born or adopted in the United Kingdom, who has not been issued with a certificate of registration or naturalisation and who is a citizen of a British Overseas Territory -

(a)the applicant’s birth or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register; and

(b)the applicant’s valid passport describing the applicant as a citizen of a British Overseas Territory.

18.—(1) In the case of an applicant—

(a)who claims to be a British citizen, but not a citizen of a British Overseas Territory;

(b)who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen;

(c)who was not born or adopted in the United Kingdom;

(d)who was born before 1st January 1983; and

(e)whose father was a British citizen at the time of the applicant’s birth,

the applicant’s passport on which the applicant first entered the United Kingdom and either:

(i)the applicant’s birth certificate in a form which contains details of the parents, if issued by a British consulate or High Commission, or

(ii)the other documents specified in sub-paragraph (2).

(2) The other documents specified for the purposes of sub-paragraph (1) are –

(a)the applicant’s birth certificate not being a certificate issued by a British consulate or High Commission, in a form which contains details of the parents of the applicant, in so far as they are included on the relevant register;

(b)the applicant’s father’s birth certificate or their certificate of registration or naturalisation; and

(c)the applicant’s parents’ marriage certificate .

19.—(1) Subject to sub-paragraph (5), in the case of an applicant—

(a)who claims to be a British citizen;

(b)who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen;

(c)who was not born or adopted in the United Kingdom;

(d)who was born on or after 1st January 1983;

(e)who has not been issued with a certificate of registration or naturalisation; and

(f)who is not a citizen of a British Overseas Territory;

the documents specified in paragraph (2), and either one of the documents specified in paragraph (3), or one of the documents specified in paragraph (4), together with the applicant’s parents’ marriage certificate.

(2) The documents specified are –

(a)the applicant’s birth certificate in a form which contains details of the parents of the applicant, in so far as they are included on the relevant register; and

(b)the passport on which the applicant first entered the United Kingdom.

(3) The documents specified are –

(a)the applicant’s mother’s United Kingdom birth certificate;

(b)the applicant’s mother’s certificate of registration or naturalisation; and

(c)the applicant’s mother’s passport, describing her as either a British citizen or a British subject (Citizen of the United Kingdom and Colonies), valid at the time of the applicant’s birth.

(4) The documents specified are –

(a)the applicant’s father’s United Kingdom birth certificate;

(b)the applicant’s father’s certificate of registration or naturalisation; and

(c)the applicant’s father’s passport, describing him as either a British citizen or a British subject (Citizen of the United Kingdom and Colonies), valid at the time of the applicant’s birth.

(5) Where an applicant provides a birth certificate issued by a British consulate or High Commission overseas, references in this paragraph to documents specified in sub-paragraphs (2) to (4) do not apply.

Documents required from British citizens or British subjects with a right of abode in the United Kingdom

20.  In the case of an applicant who claims to be a British subject with right of abode in the United Kingdom who does not hold a valid United Kingdom passport describing the applicant as a British subject with right of abode in the United Kingdom –

(a)the applicant’s birth certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register;

(b)the applicant’s father’s or mother’s birth certificate;

(c)where the applicant’s father’s birth certificate accompanies the application under paragraph (b), the applicant’s parents’ marriage certificate;

(d)where the applicant claims British subject status under section 31 of the British Nationality Act 1981, any notice in writing given to the Secretary of State under section 31(3) of the British Nationality Act 1981 (continuance as British subjects of certain former citizens of Eire); and

(e)in the case of an applicant who is a British subject with the right of abode in the United Kingdom under an enactment other than section 31 of the British Nationality Act 1981, a declaration that they have not taken up alternative citizenship or nationality.

21.—(1) In the case of an applicant who is or claims to be a British citizen or a British subject with right of abode, and who supplies pursuant to paragraph 1(a) of Part 1 of this Schedule a name that differs from the name on the birth or adoption certificate, registration or naturalisation certificate or passport relating to the applicant which has been included with the application, one of the documents listed in paragraph (2), which provides evidence of the change of name.

(2) The documents referred to in paragraph (1) are –

(a)marriage certificate;

(b)civil partnership certificate;

(c)gender recognition certificate;

(d)enrolled deed poll;

(e)unenrolled deed poll or change of name deed;

(f)certificate from the court of the Lord Lyon of Scotland;

(g)copy of an Act of Parliament which provided for a change in the applicant’s name;

(h)statutory declaration;

(i)baptismal or confirmation certificate; and

(j)United Kingdom birth certificate issued on re-registration of the birth in a form which contains details of the parents or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

Documents required from EEA nationals and their family members

22.  In the case of an applicant who claims to be an EEA national, the applicant’s identity card or passport.

23.  In the case of an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006, the applicant’s passport.

Documents required from transgendered applicants

24.  In the case of an applicant who lives in two gender roles and is applying for details of both genders to be entered in the Register, a report from a registered medical practitioner or a chartered psychologist practicing in the field of gender dysphoria that the individual has a need to live at least part of their life in a gender other that recorded on the current birth certificate.

25.  In the case of applicant who has only provided information relating to an acquired gender, and that acquired gender is not recorded in the valid passport, valid identity card or a birth or adoption certificate in a form which contains details of the parents or, as the case may be, adoptive parents that accompanies the application:

(i)a gender recognition certificate, or

(ii)a report from a registered medical practitioner or a chartered psychologist practicing in the field of gender dysphoria that the individual has a need to has a need to live at least part of their life in a gender other than their gender recorded on their current birth certificate.

Documents required from applicants who have dual nationality

26.  In the case of an applicant who has dual nationality, any valid identity card or valid passport of the applicant which the applicant is not required to supply by virtue of any of the preceding provisions of this Part of the Schedule.

Regulation 6(2)(a)

SCHEDULE 2Information, other than documents to accompany application to be issued with an ID card which confirms (with or without changes) the contents of an entry in the Register

PART 1

1.  In the case of all applicants –

(a)the full name by which the applicant is commonly known for official purposes,

(b)any other names by which the applicant is known for official purposes or by which the applicant has been known for official purposes during the period since the applicant’s names as recorded in the Register were most recently updated by the applicant,

(c)the address of the applicant’s principal place of residence in the United Kingdom,

(d)the address of any other place of residence in the United Kingdom or elsewhere, which the applicant wishes to be entered in the Register,

(e)where the applicant has no place of residence in the United Kingdom, a contact address in the United Kingdom,

(f)the gender of the applicant,

(g)the date of birth of the applicant,

(h)the place of birth of the applicant (including town and country of birth),

(i)the nationality of the applicant,

(j)any national insurance number allocated to the applicant,

(k)a contact telephone number for the applicant,

(l)the number and date and place of issue of the applicant’s current ID card or confirmation that the applicant is unable to provide such details, together with an explanation why this is the case,

(m)where the applicant’s current ID card has been lost, stolen, damaged, tampered with or destroyed, confirmation and details of how the ID card came to be lost, stolen, damaged, tampered with or destroyed and confirmation of whether the Secretary of State has been previously notified,

(n)whether the applicant owes any money to the United Kingdom for repatriation or any other form of consular relief,

(o)whether the applicant is subject to a court order that would prevent the applicant from applying for, being issued with or using a travel document, including details of the period when the prohibition will be in force,

(p)a declaration that the applicant is not subject to deportation proceedings and that there are no outstanding exclusion or deportation orders made against the applicant,

(q)the signature of the applicant,

(r)the date of signature of the application, and

(s)a declaration that the applicant is entered in the Register.

2.  In the case of an applicant who holds a valid United Kingdom passport describing the applicant as a British citizen or as a British subject with right of abode the number, date of issue, place of issue and issuing authority of that passport.

3.  In the case of an applicant who claims to be an EEA national, either –

(a)the number. date of issue, place of issue and issuing authority of a valid identity card, or

(b)the number, date of issue, place of issue and issuing authority of a valid passport.

4.  In the case of an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006;

(a)the number and date and place of issue of a valid passport, and

(b)the authority that issued that valid passport.

5.  In the case of an applicant who has dual nationality, the number and date and place of issue of any valid identity card or passport of the applicant, details of which are not required to be supplied by virtue of any of the preceding paragraphs of this Part of this Schedule.

PART 2Documents to accompany application to be issued with an ID card which confirms (with or without changes) the contents of an entry in the Register

6.  In the case of all applications, other than where such card has been lost, stolen or destroyed, the applicant’s current ID card.

7.  In the case of an applicant who is an relevant airside worker, written confirmation from the applicant’s employer that the applicant holds a valid airside pass or that the applicant is required to apply for an airside pass due to the applicant’s employment or proposed employment.

8.  In the case of an application by an EEA national, involving a change of the name as recorded in the Register, the applicant’s identity card or passport, which records the new name.

9.  In the case of an application by an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006, involving a change of the name as recorded in the Register, the applicant’s passport, which records the new name.

10.  In the case of an application involving a change of date of birth as recorded in the Register, a birth or adoption certificate which records the new date of birth, in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

11.  In the case of an application involving a change of place of birth as recorded in the Register, a birth or adoption certificate which records the new place of birth, in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

12.  In the case of an application involving recording in the Register a change of gender that has been recognised by the Gender Recognition Panel, a gender recognition certificate, a birth or adoption certificate which records the new gender, in a form which contains details of the parents, or, as the case may be, adoptive parents or a valid passport recording the new gender.

13.  In the case of an application involving the recording in the Register a change of gender that has not yet been recognised by the Gender Recognition Panel, a valid passport recording the new gender or a report from a registered medical practitioner or chartered psychologist practising in the field of gender dysphoria that the individual has a need to live in an acquired gender.

14.  In the case of an application by an individual who lives in two gender roles, involving recording in the Register a second gender, a report from a registered medical practitioner or a chartered psychologist practicing in the field of gender dysphoria that the individual has a need to live at least part of their life in a gender other than that recorded on their current birth certificate.

15.  In the case of an application involving a change of nationality as recorded in the Register, where the applicant has become a British citizen, the passport on which the applicant first entered the United Kingdom and a certificate of registration or naturalisation.

16.  In the case of an applicant who is a British subject with the right of abode in the United Kingdom under an enactment other than section 31 of the British Nationality Act 1981 a declaration that the applicant has not taken up alternative citizenship or nationality

17.  In the case of an application involving a change of nationality as recorded in the Register, where an EEA national has become a national of a country other than the United Kingdom , a valid passport or identity card issued by the country of which the applicant has become a citizen.

18.  In the case of an application involving a change of nationality as recorded in the Register, where an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006 has become a national of a country other than the United Kingdom, a valid passport issued by the country of which the applicant has become a citizen.

19.  In the case of an application by an individual who has become a dual national, involving recording in the Register a second nationality, a valid passport or identity card issued by the country of which the applicant has become a citizen.

20.  In the case of an application involving a change of nationality as recorded in the Register, where the applicant has renounced British citizenship or British Subject status, the applicant’s copy of the declaration of renunciation of British citizenship or British Subject status and a valid passport issued by the country of which the applicant is a citizen.

Regulation 6(3)

SCHEDULE 3Information to accompany application to be issued with a designated document, which confirms (with or without changes) the contents of an entry in the Register

1.  In the case of all applicants –

(a)full name by which the applicant is commonly known for official purposes,

(b)any other names by which the applicant is known for official purposes or by which the applicant has been known for official purposes during the period since the applicant’s names as recorded in the Register were most recently updated by the applicant,

(c)address of the applicant’s principal place of residence in the United Kingdom,

(d)address of any other place of residence in the United Kingdom or elsewhere which the applicant wishes to be entered in the Register,

(e)gender of the applicant,

(f)date of birth of the applicant,

(g)place of birth of the applicant (including town and country of birth),

(h)nationality of the applicant,

(i)any national insurance number allocated to the applicant,

(j)a contact telephone number for the applicant,

(k)a declaration that the applicant is entered in the Register,

(l)the number and date of issue of the applicant’s current ID card or confirmation that the applicant is unable to provide such details, together with an explanation why this is the case, and

(m)either –

(i)a declaration that the applicant’s entry in the Register is up-to-date and accurate, or

(ii)the number of an application made to the Identity and Passport Service to update information in the applicant’s entry, or for the issue of an ID card.

2.  In the case of an applicant who holds a valid United Kingdom passport describing the applicant as a British citizen or as a British subject with right of abode, the number of that passport.

3.  In the case of an applicant who is an EEA national, either –

(a)the number of a valid identity card, or

(b)the number of a valid current passport.

4.  In the case of an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006, the number of a valid passport.

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