Citation, commencement and interpretation

1. —(1) This Order may be cited as the Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009 and shall come into force on the day after the day on which it is made.

(2) In this Order –

“credit reference agency” means a person carrying on a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose; and

“the 2006 Act” means the Identity Cards Act 2006.

Amendment to Schedule 1

2. In paragraph 6 of Schedule 1 to the 2006 Act (information that may be recorded in the Register) after paragraph (g) insert—

“ (ga) particulars of every person who has been named as a referee by the individual on an application for an ID card or a designated document, so far as those particulars were included on the application; ” .

Specified persons for the purposes of section 9

3. The following persons are specified for the purposes of section 9 of the 2006 Act (power to require information for validating Register)—

(a) the Department for Work and Pensions;

(b) the Department for Transport;

(c) the Foreign and Commonwealth Office;

(d) the Department of the Environment (Northern Ireland);

(e) Her Majesty’s Revenue and Customs;

(f) the Registrar General for England and Wales;

(g) the Registrar General for Scotland;

(h) the Registrar General for Northern Ireland; and

(i) any credit reference agency which, at the time when the particular requirement is imposed under section 9 of the 2006 Act, is a party to a contract for the supply of information for the purposes of the carrying out by the Secretary of State of functions under that Act.

Revocation

4.The Verification of Information in Passports Applications Etc. (Specified Persons) Order 2007( 4 ) is revoked.

Specified persons for the purposes of section 38

5. The following persons are specified for the purposes of section 38 of the 2006 Act (verifying information provided in passport applications etc. )—

(a) the Registrar General for England and Wales;

(b) the Registrar General for Scotland;

(c) the Registrar General for Northern Ireland; and

(d) any credit reference agency which, at the time when the particular requirement is imposed under section 38 of the 2006 Act, is a party to a contract for the supply of information for the purposes of the carrying out by the Secretary of State of functions under that Act.

Person to whom the duty is owed

6. —(1) The duty which is imposed by section 9(3) of the 2006 Act on a person specified in article 3 on whom a requirement to provide information is imposed, is owed to the person imposing the requirement.

(2) The duty which is imposed by section 38(2) of the 2006 Act on a person specified in article 5 on whom a requirement to provide information is imposed, is owed to the person imposing the requirement.

Enforcement of the duty

7. A duty referred to in article 6 is enforceable in civil proceedings—

(a) for an injunction;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988( 5 ); or

(c) for any other appropriate remedy or relief.

Provision of information to a chief officer of police

8. Purposes connected with identifying victims of an event which has caused loss of human life or human illness or injury, are specified under section 17(3)(c) of the 2006 Act.

Provision of information to specified public authorities

9. —(1) The following public authorities are specified under section 20(1)(c) of the 2006 Act (power to authorise provision of information in other circumstances)—

(a) the Security Industry Authority; and

(b) the Scottish Crime and Drug Enforcement Agency.

(2) In respect of the Security Industry Authority—

(a) information of a description set out in paragraph (3); and

(b) purposes connected with the carrying out of that Authority’s functions under section 1(2)(a) to (d) of the Private Security Act 2001( 6 ),

are specified under section 20(1)(b) and (d) of the 2006 Act.

(3) The description of information referred to in paragraph (2)(a) is information recorded in an entry in the Register of an individual (P) which is—

(a) any name by which P is or has been known;

(b) P’s date of birth;

(c) any addresses where P has a place of residence;

(d) the number of any ID card issued to P;

(e) a photograph of P’s head and shoulders (showing the features of the face);

(f) P’s signature;

(g) particulars of every person who has countersigned, or been named as a referee in connection with, P’s application for an ID card or a designated document, so far as those particulars were included on the application; and

(h) information provided in connection with an application by P to be entered in the Register, for a modification of the contents of P’s entry or for the issue of an ID card, so far as that information relates to places where P claims to have resided.

(4) Subject to paragraph (5), in respect of the Scottish Crime and Drug Enforcement Agency—

(a) information, the inclusion of which in an individual’s entry in the Register is authorised by Schedule 1 to the 2006 Act; and

(b) purposes connected with carrying out that Agency’s functions under section 2(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006( 7 ),

are specified under section 20(1)(b) and (d) of the 2006 Act.

(5) Information referred to in paragraph (4)(a) does not include information falling within paragraph 9 of Schedule 1 to the 2006 Act.

Coming into force of the code of practice

10. The code of practice entitled “The Identity Cards Act 2006, Code of Practice on Civil Penalties”, laid before Parliament in draft on 6 May 2009 under section 34 of the 2006 Act, relating to the imposition of civil penalties, shall come into force on the day this Order comes into force.