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The Identity Cards Act 2006 (Provision of Information with Consent) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

The Secretary of State may under section 12(1) of the Identity Cards Act 2006 (“the 2006 Act”) provide a person with information recorded in an individual’s entry in the Register if—

(c)an application for the provision of the information to that person is made by or with the authority of that individual; or

(d)that individual otherwise consents to the provision of that information to that person.

Regulation 2 provides that an individual may give consent to the provision of information from that individual’s entry in the Register under that section 12(1) of the 2006 Act on a particular occasion by signing a document which explains the effect of doing so.

Regulation 3 makes provision about who can make an application for the provision of information under section 12 of the 2006 Act.

Regulation 4 provides that an accredited person may make an application for information from passport records under the Passport Validation Service with the consent of an individual.

Regulation 5 imposes conditions which must be satisfied in order that the Secretary of State can provide information about an individual to another person under section 12 of the 2006 Act. These are that (a) the person to whom the information is to be provided has registered the particulars prescribed in regulation 5 and (ii) that that person and the applicant (where different) are for the time being approved by the Secretary of State in writing.

Regulation 6 prescribes the particulars that must be registered before information can be provided to another person under regulation 5.

Regulation 7(1) provides that a grant of approval in respect of a person to whom information is to be provided is subject to that person complying with the conditions set out in paragraph (2).

Regulation 8 makes provision about the suspension or withdrawal of a grant of approval.

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