Identity Cards Act 2006

Identity Cards Act 2006

2006 CHAPTER 15

Commentary on Sections

Registration

Section 3:  Information Recorded in Register

29. Section 3 sets out the information that may be recorded in the Register.

30. Subsection (1) provides that information may only be entered in the Register or remain on the Register if it is consistent with the statutory purposes for it to be recorded

31. Subsection (2) is an exhaustive list of four categories of information which may be held on the Register. The first is the information listed in Schedule 1 (as to which see paragraph [35] below). The second is technical information required for the administration of the Register. The third is technical information required for the issue and cancellation of ID cards. The fourth is additional information about an individual which has been recorded on the Register at his request in accordance with subsection (3).

32. Subsection (3) enables other information to be recorded if:

• an individual has asked for it to be included;

• regulations include it as information that may be subject to such a request;

and

• the Secretary of State agrees.

For example, an individual may ask for emergency contact details to be included on the Register.

33. Subsection (4) provides that an individual’s entry on the Register must include information falling within paragraph 9 of Schedule 1, about occasions on which information has been provided from his entry without his consent.

34. Subsection (5) enables the Secretary of State to agree with a person being registered what facts should be registered where there is some doubt as to what the true facts are, for example, place or date of birth. It could also be used where a new identity needs to be established, for example, for those in a witness protection programme. It would prevent the false identity documents offences in section 25 from applying.

35. Schedule 1 may be amended by secondary legislation following a resolution in both Houses of Parliament (subsections (6)-(8)) to add to the list of information that may be recorded on the Register. However, because of subsection (1), any additional information must be consistent with the statutory purposes of the Register. So, for example, this power to amend Schedule 1 could not be used to include criminal records in that Schedule without further primary legislation, as recording previous criminal convictions is not covered by the definition of registrable facts and so is not consistent with the statutory purposes of the Register in section 1(3).