Search Legislation

Identity Documents Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Identity Documents Act 2010, Cross Heading: False identity documents etc. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

False identity documents etcE+W+S+N.I.

4Possession of false identity documents etc with improper intentionE+W+S+N.I.

(1)It is an offence for a person (“P”) with an improper intention to have in P's possession or under P's control—

(a)an identity document that is false and that P knows or believes to be false,

(b)an identity document that was improperly obtained and that P knows or believes to have been improperly obtained, or

(c)an identity document that relates to someone else.

(2)Each of the following is an improper intention—

(a)the intention of using the document for establishing personal information about P;

(b)the intention of allowing or inducing another to use it for establishing, ascertaining or verifying personal information about P or anyone else.

(3)In subsection (2)(b) the reference to P or anyone else does not include, in the case of a document within subsection (1)(c), the individual to whom it relates.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

5Apparatus designed or adapted for the making of false identity documents etcE+W+S+N.I.

(1)It is an offence for a person (“P”) with the prohibited intention to make or to have in P's possession or under P's control—

(a)any apparatus which, to P's knowledge, is or has been specially designed or adapted for the making of false identity documents, or

(b)any article or material which, to P's knowledge, is or has been specially designed or adapted to be used in the making of such documents.

(2)The prohibited intention is the intention—

(a)that P or another will make a false identity document, and

(b)that the document will be used by somebody for establishing, ascertaining or verifying personal information about a person.

(3)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

6Possession of false identity documents etc without reasonable excuseE+W+S+N.I.

(1)It is an offence for a person (“P”), without reasonable excuse, to have in P's possession or under P's control—

(a)an identity document that is false,

(b)an identity document that was improperly obtained,

(c)an identity document that relates to someone else,

(d)any apparatus which, to P's knowledge, is or has been specially designed or adapted for the making of false identity documents, or

(e)any article or material which, to P's knowledge, is or has been specially designed or adapted to be used in the making of such documents.

(2)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), or

(b)on summary conviction, to imprisonment for a term not exceeding the maximum period or a fine not exceeding the statutory maximum (or both).

(3)In subsection (2)(b) “the maximum period” means—

(a)in England and Wales or Scotland, 12 months, and

(b)in Northern Ireland, 6 months.

(4)In subsection (3)(a) the reference to 12 months in England and Wales is to be read, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, as a reference to 6 months.

7Meaning of “identity document”E+W+S+N.I.

(1)For the purposes of sections 4 to 6 “identity document” means any document that is or purports to be—

(a)an immigration document,

(b)a United Kingdom passport (within the meaning of the Immigration Act 1971),

(c)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,

(d)a document that can be used (in some or all circumstances) instead of a passport,

(e)a licence to drive a motor vehicle granted under Part 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981, or

(f)a driving licence issued by or on behalf of the authorities of a country or territory outside the United Kingdom.

(2)In subsection (1)(a) “immigration document” means—

(a)a document used for confirming the right of a person under the EU Treaties in respect of entry or residence in the United Kingdom,

(b)a document that 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, or

(c)a registration card (within the meaning of section 26A of the Immigration Act 1971).

(3)In subsection (2)(b) “immigration functions” means functions under the Immigration Acts (within the meaning of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004).

(4)References in subsection (1) to the issue of a document include its renewal, replacement or re-issue (with or without modifications).

(5)In this section “document” includes a stamp or label.

(6)The Secretary of State may by order amend the definition of “identity document”.

8Meaning of “personal information”E+W+S+N.I.

(1)For the purposes of sections 4 and 5 “personal information”, in relation to an individual (“A”), means—

(a)A's full name,

(b)other names by which A is or has previously been known,

(c)A's gender,

(d)A's date and place of birth,

(e)external characteristics of A that are capable of being used for identifying A,

(f)the address of A's principal place of residence in the United Kingdom,

(g)the address of every other place in the United Kingdom or elsewhere where A has a place of residence,

(h)where in the United Kingdom and elsewhere A has previously been resident,

(i)the times at which A was resident at different places in the United Kingdom or elsewhere,

(j)A's current residential status,

(k)residential statuses previously held by A, and

(l)information about numbers allocated to A for identification purposes and about the documents (including stamps or labels) to which they relate.

(2)In subsection (1) “residential status” means—

(a)A's nationality,

(b)A's entitlement to remain in the United Kingdom, and

(c)if that entitlement derives from a grant of leave to enter or remain in the United Kingdom, the terms and conditions of that leave.

9Other definitionsE+W+S+N.I.

(1)Apparatus” includes any equipment, machinery or device and any wire or cable, together with any software used with it.

(2)In relation to England and Wales and Northern Ireland, an identity document is “false” only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (see section 9(1)).

(3)An identity document was “improperly obtained” if—

(a)false information was provided in, or in connection with, the application for its issue to the person who issued it, or

(b)false information was provided in, or in connection with, an application for its modification to a person entitled to modify it.

(4)In subsection (3)—

(a)“false” information includes information containing any inaccuracy or omission that results in a tendency to mislead,

(b)information” includes documents (including stamps and labels) and records, and

(c)the “issue” of a document includes its renewal, replacement or re-issue (with or without modifications).

(5)References to the making of a false identity document include the modification of an identity document so that it becomes false.

(6)This section applies for the purposes of sections 4 to 6.

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

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 enactedversion 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 enacted 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