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(1)This section applies where it appears to the Secretary of State that a person within subsection (3) may have information that could be used—
(a)for verifying information provided to the Secretary of State for the purposes of, or in connection with, an application for the issue of a passport, or
(b)for determining whether to withdraw an individual's passport.
(2)For the purpose of making the verification or determination mentioned in subsection (1)(a) or (b), the Secretary of State may require the person within subsection (3) to provide the Secretary of State with the information by a date specified in the requirement.
(3)The persons referred to in subsection (1) are—
(a)a Minister of the Crown,
(b)a government department,
(c)a Northern Ireland department,
(d)the Welsh Ministers,
(e)the Registrar General for England and Wales,
(f)the Registrar General of Births, Deaths and Marriages for Scotland,
(g)the Registrar General of Births and Deaths in Northern Ireland,
(h)a qualifying credit reference agency, and
(i)any other person specified for the purposes of this section by an order made by the Secretary of State.
(4)A credit reference agency is “qualifying” if, at the time a requirement is imposed, the agency is acting for the purposes of a contract for the provision to the Secretary of State of information that could be used as mentioned in subsection (1)(a) or (b).
(5)A requirement imposed under this section on a qualifying credit reference agency is enforceable in civil proceedings for—
(b)in Scotland, specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
(c)any other appropriate remedy or relief.
(6)The persons who may be specified under subsection (3)(i) include any person who carries out a function that—
(a)is conferred by or under an enactment (whenever passed or made), and
(b)falls to be carried out on behalf of the Crown.
(7)An order under subsection (3)(i) may provide that where a requirement is imposed under this section on the person specified in the order, the duty to comply with the requirement is enforceable as mentioned in subsection (5).
(8)In a case within subsection (1)(a) where a passport is issued, information provided in accordance with this section must be destroyed no later than 28 days after the passport is issued.
(9)In a case within subsection (1)(b) where a passport is not withdrawn, information provided in accordance with this section must be destroyed no later than 28 days after the determination is made not to withdraw the passport.
(10)Subsections (8) and (9) do not apply in a case where it appears to the Secretary of State to be desirable to retain the information for the purpose of—
(a)preventing or detecting crime, or
(b)apprehending or prosecuting offenders.
(11)The Secretary of State may make payments to a person providing information in accordance with this section in respect of the provision of the information.
(12)In this section—
(a)“information” includes documents (including stamps and labels) and records, and
(b)the “issue” of a document includes its renewal, replacement or re-issue (with or without modifications).
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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