Maintaining accuracy of Register etc.

11Invalidity and surrender of ID cards

(1)

Regulations may require an individual to whom an ID card has been issued to notify the Secretary of State, and such other persons as may be prescribed, if he knows or has reason to suspect that the card has been—10

(a)

lost;

(b)

stolen;

(c)

damaged;

(d)

tampered with; or

(e)

destroyed.

(2)

The Secretary of State may cancel an ID card if it appears to him—

(a)

that the card was issued in reliance on inaccurate or incomplete information;

(b)

that the card has been lost, stolen, damaged, tampered with or destroyed;

(c)

that there has been a modification of information recorded in the entry in the Register of the holder of the card;

(d)

that another change of circumstances requires a modification of information recorded in or on the card; or

(e)

that it is an ID card of a description of cards that the Secretary of State has decided should be re-issued.

(3)

A person who is knowingly in possession of an ID card without either—

(a)

the lawful authority of the individual to whom it was issued, or

(b)

the permission of the Secretary of State,

must surrender the card as soon as it is practicable to do so.

(4)

Where it appears to the Secretary of State that a person is in possession of—

(a)

an ID card issued to another,

(b)

an ID card that has expired or been cancelled or is otherwise invalid,

(c)

an ID card that has not yet been cancelled but is of a description of cards that the Secretary of State has decided should be re-issued, or

(d)

an ID card that is in that person’s possession in consequence of a contravention of a relevant requirement,

the Secretary of State may require that person to surrender the card within such period as he may specify.

(5)

Where an ID card has to be surrendered under subsection (3) or (4), it must be surrendered—

(a)

to the Secretary of State; or

(b)

in the case of a card issued by a designated documents authority, either to the Secretary of State or to that authority.

(6)

A person who contravenes a requirement imposed by or under—

(a)

any regulations under subsection (1), or

(b)

subsection (3) or (4),

shall be liable to a civil penalty not exceeding £1,000.

(7)

In this section—

(a)

references to a card having been damaged include references to anything in or on it being, or having become, unreadable or otherwise unusable; and

(b)

references to a card having been tampered with include references to information in or on it having been modified for an unlawful purpose, or copied or otherwise extracted for such a purpose.

(8)

In this section “relevant requirement” means a requirement to surrender or otherwise to deliver an ID card to the Secretary of State, or to another, which is imposed—

(a)

by virtue of any order under section 39, or

(b)

by any enactment relating to the surrender of any other document.