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Identity Cards Act 2006

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This is the original version (as it was originally enacted).

17Public authorities etc.

This section has no associated Explanatory Notes

(1)The Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a)the provision of the information is authorised by this section; and

(b)there is compliance with any requirements imposed by or under section 21 in relation to the provision of the information.

(2)The provision of information is authorised by this section where it is—

(a)the provision of information to the Director-General of the Security Service for purposes connected with the carrying out of any of that Service’s functions;

(b)the provision of information to the Chief of the Secret Intelligence Service for purposes connected with the carrying out of any of that Service’s functions;

(c)the provision of information to the Director of the Government Communications Headquarters for purposes connected with the carrying out of any of the functions of GCHQ; or

(d)the provision of information to the Director General of the Serious Organised Crime Agency for purposes connected with the carrying out of any of that Agency’s functions.

(3)The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided to a chief officer of police—

(a)in the interests of national security;

(b)for purposes connected with the prevention or detection of crime; or

(c)for other purposes specified by order made by the Secretary of State.

(4)The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided to the Commissioners for Her Majesty’s Revenue and Customs—

(a)in the interests of national security;

(b)for purposes connected with the prevention or detection of crime;

(c)for purposes connected with the prevention, detection or investigation of conduct in respect of which the Commissioners have power to impose penalties, or with the imposition of such penalties;

(d)for the purpose of facilitating the checking of information provided to the Commissioners in connection with anything under their care and management, or with any other matter in relation to which the Commissioners have duties under any enactment;

(e)for purposes connected with any of the functions of the Commissioners in relation to national insurance contributions or national insurance numbers; or

(f)for other purposes specified by order made by the Secretary of State.

(5)The provision of information not falling within paragraph 9 of Schedule 1 is authorised by this section where the information is provided—

(a)to a prescribed government department, or

(b)to a prescribed Northern Ireland department,

for purposes connected with the carrying out of any prescribed functions of that department or of a Minister in charge of it.

(6)The provision of information to a designated documents authority is authorised by this section where the information is provided for purposes connected with the exercise or performance by the authority of—

(a)any of its powers or duties by virtue of this Act; or

(b)any of its other powers or duties in relation to the issue or modification of designated documents.

(7)The powers of the Secretary of State by virtue of this section to make an order or regulations authorising the provision of information to a person are exercisable for the purposes only of authorising the provision of information in circumstances in which its provision to the person in question is necessary in the public interest.

(8)The Secretary of State must not make an order or regulations containing (with or without other provision) any provision that he is authorised to make under this section unless a draft of the order or regulations has been laid before Parliament and approved by a resolution of each House.

(9)In this section—

  • “chief officer of police” means—

    (a)

    the chief officer of police of a police force maintained for a police area in England and Wales;

    (b)

    the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77);

    (c)

    the Chief Constable of the Police Service of Northern Ireland;

    (d)

    the Chief Constable of the Ministry of Defence Police;

    (e)

    the Chief Constable of the Civil Nuclear Constabulary;

    (f)

    the Chief Constable of the British Transport Police;

    (g)

    the chief officer of the States of Jersey Police Force;

    (h)

    the chief officer of the salaried police force of the Island of Guernsey; or

    (i)

    the Chief Constable of the Isle of Man Constabulary;

  • “GCHQ” has the same meaning as in the Intelligence Services Act 1994 (c. 13).

(10)Nothing in this section is to be construed as restricting any power to disclose information that exists apart from this section.

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