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Identity Cards Act 2006

Commentary on Sections

ID cards

Section 10: Notification of changes affecting accuracy of Register

73.This section sets out how changes in circumstances should be notified in order to maintain the accuracy of the Register.

74.Subsection (1) places a person issued with an ID Card under a duty to notify the Secretary of State of any change in his circumstances that may be prescribed, for example, change of address or change of name, and to notify the Secretary of State of every error in the information held about him of which he is aware. This will enable the Register to maintain accurate information. This duty does not apply to those persons whose information is held on the Register, but who have not been issued with an ID card, for example in accordance with section 6(7). The notification procedures are to be set out in regulations (subsection (2)).

75.A person may be required to provide further information to verify the information that may be entered as a consequence of the notification or to ensure that the entry is up to date (subsection (3)). This requirement to provide further information may include personal attendance, being photographed, allowing biometric information to be recorded or otherwise providing information. Again “fingerprint” and “biometric information” are defined in section 42(1). The information that a person may be required to provide by regulations under this section is limited to that which is needed for the Secretary of State for the statutory purposes.

76.Subsection (6) provides that the Secretary of State must make regulations on the first occasion, by means of affirmative resolution requiring approval by both Houses of Parliament.

77.Subsection (7) provides that the maximum penalty for failure to comply with a requirement under this section is a civil penalty of £1,000.

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