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 Posted: Tue, 16 Jun 2009 14:47:43 +0000 Post subject: ID Cards Statutory Instruments |
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Draft Statutory Instruments 2009
http://www.opsi.gov.uk/si/dsis2009
The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009
Draft SI 9780111480427 - Web Version (HTML)
Draft SI 9780111480427 - Print Version (PDF - 103 kb)
Draft SI 9780111480427 - Explanatory Memorandum (PDF - 106 kb)
http://www.opsi.gov.uk/si/si2009/draft/em/ukdsiem_9780111480427_en.pdf
| Quote: | | 7.13 The information that must be provided when submitting applications relating to the National Identity Register and associated applications for ID cards is also outlined in these regulations. These requirements closely reflect those in place for UK passport applications today which aim to ensure that an individual’s identity and nationality can be properly assured. Where it proves impossible for an individual to provide a piece of information with their application as required under these regulations, there are provisions to allow for that requirement to be waived. In those cases, the application could then still be submitted. Where alternative or further details are necessary to obtain assurance of the information to be held on the National Identity Register about that individual (e.g. about their identity or nationality) after an application has been submitted, powers under Sections 5(4) and 10(3) of the Identity Cards Act can be used to require that individual to provide that information. |
The Identity Cards Act 2006 (Prescribed Information) Regulations 2009
Draft SI 9780111480434 - Web Version (HTML)
Draft SI 9780111480434 - Print Version (PDF - 54 kb)
Draft SI 9780111480434 - Explanatory Memorandum (PDF - 109 kb)
http://www.opsi.gov.uk/si/si2009/draft/em/ukdsiem_9780111480434_en.pdf
| Quote: | These regulations introduce the ability for one of two kinds of ID card to be issued to those whose application for an ID card is successful. The first of these will be the “National Identity Card”. This will be issued to British citizens and British subjects with the right of abode and will be valid as a travel document within the European Economic Area (EEA). The second of these will be the “Identification Card”. This kind of ID card will not be valid as a travel document. As outlined in Regulation 1(2), it will be issued to:
Irish and other European Economic Area (EEA) nationals and non EEA
nationals who are a family member of an EEA national who are resident in the United Kingdom. Thus, these individuals can be issued with an ID card that can be used as proof of identity but it would only be appropriate for them to be issued with a travel document by their own national governments.
British citizens and subject with right of abode who are not entitled to be issued with a travel document. This may be because their right to travel has been restricted in a court order or they have been refused passport facilities (e.g. they have outstanding repatriation debts or where a person’s past or proposed activities are so demonstrably undesirable that the grant or continued enjoyment of passport activities would be contrary to the public interest.)
Those who have a proven need to live part of their lives in a different gender to that on their birth certificate as a potential second card. |
The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009
Draft SI 9780111479063 - Web Version (HTML)
Draft SI 9780111479063 - Print Version (PDF - 57 kb)
Draft SI 9780111479063 - Explanatory Memorandum (PDF - 96 kb)
http://www.opsi.gov.uk/si/si2009/draft/em/ukdsiem_9780111479063_en.pdf
| Quote: | 7.4 The Act sets out the statutory purposes for the establishment of a National Identity Register. In summary these are to provide a convenient and secure and reliable method for individuals to prove their identity to anyone who reasonably requires proof, and also to provide a secure and reliable method for people to be identified wherever
that is necessary in the public interest. Public interest is defined as:
• in the interests of national security;
• for the prevention or detection of crime;
• for the enforcement of immigration controls or controls on illegal working;
• to secure the more efficient and effective delivery of public services.
7.5 In order to be able to disclose information from an individual’s entry in the Register, without the individual’s consent, to a government department or a Northern Ireland department for purposes connected with the carrying out of any of the department’s functions, the relevant departments and functions need to be prescribed in regulations made under section 17(5) of the Act. These must also be consistent with
the public interest as defined by the Act. For the initial stages of the roll out where volumes are low, we have set out arrangements that primarily either assist in, or are related to, the prevention and detection of crime, or allow for assistance to be provided to British nationals overseas.
7.6 Regulation 2 prescribes the relevant departments and functions, thereby enabling the Secretary of State to disclose information not falling within paragraph 9 of Schedule 1 to the Act (i.e. non audit log information) to such departments for purposes connected with the carrying out of the relevant functions, provided conditions imposed under section 21 of the Act are satisfied.
The Home Office for the issuing of criminal record/conviction certificates, to assist in passport operations, the prevention or detection of crime, the safeguarding of national security, and for functions relating to immigration, asylum or nationality.
The Ministry of Justice to assist in the identification of the whereabouts
of those who are required to pay a fine imposed by criminal courts, as
well as to help identify British prisoners overseas who are eligible to be
repatriated.
The Department for Transport and the Department of Environment
(Northern Ireland) for the prevention and detection of crime in so far as
the offences relate merchant shipping and pollution or road traffic
offences.
The Department for Work and Pensions to assist with the prevention,
detection, investigation or prosecution of offences relating to social
security.
The Foreign and Commonwealth Office to secure the delivery of consular services including the issue of passports, and offering assistance in the event of a British national overseas falling victim to assault and other serious crime, imprisonment, hospitalisation and illness, civil disturbance and natural disaster, and claims for property losses/threat to British interests. |
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