The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009
| Jurisdiction | UK Non-devolved |
2009 No. 2570
Identity Cards
Passports
The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009
Made 23th September 2009
Coming into force 24th September 2009
The Secretary of State makes the following Order in exercise of the powers conferred by sections 3(6), 9(4) and (6), 17(3)(c)1, 20(1)2, 34(6) and 38(3)(e) and (5) of the Identity Cards Act 20063.
In accordance with section 34(5) of the Identity Cards Act 2006, before laying the draft code of practice under that section, the Secretary of State published the proposed code and consulted members of the public about the code.
In accordance with section 34(4) of the Identity Cards Act 2006, the Secretary of State has laid a draft of the code of practice before Parliament.
In accordance with sections 3(7), 9(8), 17(8), 20(3), 34(9) and 38(7) of the Identity Cards Act 2006, a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.
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)
“(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 20074is 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 19885; 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)
(a) the Security Industry Authority; and
(b)
(b) the Scottish Crime and Drug Enforcement Agency.
(2) In respect of the Security Industry Authority—
(a)
(a) information of a description set out in paragraph (3); and
(b)
(b) purposes connected with the carrying out of that Authority’s functions under section 1(2)(a) to (d) of the Private Security Act 20016,
are specified under section 20(1)(b) and (d) of the 2006 Act.
(3) The description of...
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