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(This note is not part of the Regulations)
These Regulations prescribe various matters in relation to applications for entry on the National Identity Register (established under section 1 of the Identity Cards Act 2006 (“the 2006 Act”)), applications for an ID card and notification of changes. They also make provision in relation to the circumstances in which a place will be regarded as a place in which an individual resides or a person’s principal place of residence in the United Kingdom.
A list of designated offices can be found in the Identity and Passport Service Guidance IDCG-01 which may be obtained on request from the Identity and Passport Service. All forms required by these regulations may also be obtained on request from the Identity and Passport Service.
Regulation 2 prescribes the manner in which an application for entry in the National Identity Register (“the Register”) is to be included in an application for a designated document. Regulation 3 prescribes the manner in which an application for entry in the Register is to be made in other cases.
Regulation 4 prescribes the manner of confirming, with or without changes, the contents of an entry already made in the Register.
Regulation 5, together with Schedule 1, prescribes the information which is to accompany an application to be entered in the Register. Regulation 6, together with Schedules 2 and 3 prescribes the information which is to accompany an application which confirms, with or without changes, the contents of the applicant’s entry in the Register. Part 1 of Schedule 1 deals with information to accompany the application form, whereas Part 2 lists documents to be included with the form. Paragraphs 1 and 2 of Part 1 list information to be included by all applicants. Paragraphs 3 to 10 list additional information to be included by particular categories of individual, depending on their nationality and, in the case of a British citizen, whether the individual holds a valid United Kingdom passport. Regulations 5(2) and 6(4) provide that information set out in the Schedule is not prescribed information in relation to an applicant where it is not practicable for the applicant to provide the information.
Regulations 7 to 11 deal with the issue of ID cards. Regulation 7 prescribes, for the purposes of section 6(5), the cases of a person who is dual gendered and who applies for a second ID card in the second gender and a relevant airside worker who resides outside the United Kingdom. The effect of being so prescribed is that in those circumstances a card may be issued to the individual provided that the prescribed registrable facts are entered in the Register. Regulation 8 prescribes the registrable facts for the purposes of section 6(5).
Regulations 9 and 10 prescribe the manner in which an application for an ID card is to be made. Regulation 11 prescribes the information which is to accompany an application for the issue of an ID card.
Regulation 12 imposes requirements on designated documents authorities regulating how they handle applications made to them that confirm (with or without changes) the contents of an individual’s entry in the Register.
Regulation 13 prescribes changes of circumstances affecting the information recorded about an individual in the Register which need to be notified by the individual to the Secretary of State under section 10 of the 2006 Act.
Regulation 14 prescribes the manner in which a notification under section 10 must be given. It provides that notification is to be given either by telephone to a number designated by the Identity and Passport Service, or in person at an appropriate office of the Identity and Passport Service.
Regulation 15 provides that a notification under section 10 must be given within a period of three months, beginning with the day on which the change of circumstances occurs or the individual becomes aware of the error affecting the information recorded in the Register.
Regulation 16 provides that an individual to whom an ID card has been issued must notify the Secretary of State if the individual knows or has reason to suspect that the card has been lost, stolen, damaged, tampered with or destroyed. Paragraph (2) makes supplemental provision concerning the manner of giving a notification and the period within which a notification must be given.
Regulation 17 prescribes the part of the Register, the data that is to be carried on the card, that is prescribed for the purposes of section 6(2)(b) of the 2006 Act.
Regulation 18 deals with the validity period for an ID card. This will be ten years.
Regulations 19 makes provision about the circumstances in which, in relation to an individual, a place is to be regarded as a place where the individual resides and the individual’s principal place of residence in the United Kingdom.
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