Home Office circular 019/2009

Commencement of the Identity Cards Act 2006 - Issue of Identity cards and New Criminal Offences

This Circular is an addendum to circular no 15 / 2006 : offences relating to possession of false identity documents etc. commencement on 7th june 2006 of sections 25, 26 and 30, schedule 2 and related sections of the Identity Cards Act 2006 – si 2006 no 1439 (c.49).

Introduction

1. The Identity Cards Act 2006 received Royal assent on 30th March 2006, and makes provision for:

a. establishment of a National Identity Register enabling a voluntary national scheme of registration of individuals including the powers to provide information from the Register with and without consent;

b. the issue of identity cards to those individuals who chose to have them.

c. new criminal offences relating to possession of false identity documents, unauthorised disclosure of information obtained under the Act, providing false information when making an application for an identity card (or to modify an existing entry on the National Identity Register) and tampering with the Register

d. amendments to the Football Spectators Act 1989 and the Criminal Justice and Police Act 2001 so that any requirement to surrender a passport now includes a requirement to surrender an identity card which could be used as a travel document within the European Economic Area instead of a passport. An identity card may also be surrendered as a condition of bail.

2. The Act also creates an obligation on an individual to keep their details up to date.  A failure by an individual to notify any changes to their details on the Register or to surrender an identity card when required may result in the imposition of a civil penalty of up to £1000.

3. Finally, the Act establishes a new post of Identity Commissioner who will oversee the implementation of the National Identity Service including the issuing of identity cards and the establishment and maintenance of the National Identity Register.

Commencement

4. The bulk of the Identity Cards Act 2006 came into force on 20th October 2009  from when identity cards may be issued to limited numbers of employees of the Identity and Passport Service and its contractors. Later in 2009 (a further commencement order will specify the precise date) identity cards will begin to be issued on a voluntary basis to British citizens who hold a British passport, are aged 16 and over and resident in Greater Manchester, as well British citizens and European Economic Area nationals working at Manchester and London City airports.

5. From 2010, it is intended to extend the issue of identity cards on an entirely voluntary basis, expanding the geographical location to other parts of North West England.  The rollout will then extend to other areas and from 2012 it is intended to start to enrol British citizens at high volumes across the United Kingdom offering everyone aged 16 and over who applies for a passport the choice of receiving a separate identity card or passport or both. 

6.Some provisions of the Act, including those creating offences regarding possession of false identity documents have already come in to force (see Home Office Circular 15 / 2006).  A full list of what is being commenced and what has been commenced already is set out in Annex A which also contains a link to the Identity Cards Act itself.

What will identity cards look like?

7.Two different identity cards will be issued under the Act by the Identity and Passport Service.  The National Identity Card will be issued to British citizens and British subjects with the right of abode and will be valid as a travel document within the European Economic Area, like identity cards issued in other EEA countries. The Identification Card will be issued to nationals of the European Economic Area (including Irish nationals) resident in the UK as well as to British citizens who are not entitled to be issued with a travel document, such as those with extant travel restriction orders. This card will not show the holder’s nationality and will not be valid for travel.

8. However, as Identity Cards may be used instead of a passport for travel in Europe and prosecutors will now need to be aware that it would be possible for a British citizen to be in possession of either a passport or an identity or both documents. Accordingly both documents would need to be surrendered if there is to be any restriction on travel imposed by a court.

9.The Identity Cards for Foreign Nationals, introduced in 2008 for foreign nationals from outside of the EEA and living in the UK, are issued by the UK Border Agency under the UK Borders Act 2007, and not by the Identity and Passport Service. Further information is on the UK Border Agency website (new window).

10. Images of the cards and details of the security features are provided on the BusinessLink website (new window). Further information about identity cards is on the Direct Gov website  (new window) and the Identity and Passport Service corporate website (new window).

Criminal Offences

11. Sections 25 and 26 create offences relating to manufacture and possession of false identity documents including documents which are genuine but improperly obtained, or which relate to another person. These Sections are already in force and were commenced on 7th June 2006.

12. Section 27 creates a criminal offence of unauthorised disclosure of information from the National Identity Register. This includes information obtained by carrying out functions under the Identity Cards Act where that information must be kept confidential and applies to people who are involved in the establishment or maintenance of the Register, the issue and manufacture of ID cards, or the carrying out of the Commissioner’s functions. A person would have a defence if he can show that he believed, on reasonable grounds, that he had lawful authority to disclose the information. The maximum penalty for the offence is 2 years imprisonment or a fine or both.

13. Section 28 creates a criminal offence of providing false information where a person provides false information for inclusion on the National Identity Register or in order to obtain an identity card. For the purposes of this section, 'false' includes information containing inaccuracies or omissions that tend to mislead. The maximum penalty for the offence is 2 years imprisonment, a fine or both.

14. Section 29 creates a criminal offence of tampering with the Register, including any conduct that causes an unauthorised modification of information in the Register including cases where an individual intends to do so as well as where they are reckless as to whether or not the conduct will cause such a modification. The maximum penalty for the offence is ten years imprisonment, or a fine, or both.

15. Section 27-29 offences are most likely to be identified by the Identity and Passport Service in the first instance, rather than coming to the notice separately of the police or prosecuting authorities and because the initial roll out of identity cards will be limited there will be very limited opportunity for the commission of such offences at least until the high volume roll out of identity cards starts, as planned from 2012.

No compulsion to apply for carry or produce an identity card

16. There is no requirement for anyone to apply for an identity card, to carry an identity card or to produce that identity card unless they are given a reasonable alternative method of proving their identity. However it is expected that many people will choose to use an identity card to assist them in proving their identity including, for example, young people needing to prove their age.

Surrender of an identity card following a Travel Restriction Order, Football Banning Order or Condition of Bail

17. A court may require an identity card to be surrendered when imposing a travel restriction order under the Criminal Justice and Police Act 2001 or a football banning order under the Football Spectators Act 1989 or as a condition of bail in the same way as a passport may be required to be surrendered. The process for alerting the Identity and Passport Service of travel restriction orders, football banning orders and conditions of bail requiring a national identity card to be surrendered is the same as is currently in place for passports. Notification will ensure that the Identity and Passport Service is able to ensure that a replacement passport or national identity cards is not issued to the person concerned so long as the particular order is in force. 

18. In the event that a travel restriction order is imposed, the Identity and Passport Service must be notified immediately via the Court Exhibit System of:

a. forename, surname, any middle names, date of birth, and any aliases of the individual to who the Order relates.

b. details of any passport or identity card held by the court

c. date the order was made

d. the court which made the Order and a court reference number with an expiry date (if known)

19. This must be followed up with a hard copy of the order and any surrendered passports or identity cards to:

Operational Intelligence Unit
Identity and Passport Service
3 Northgate
96 Milton Street
Glasgow
G4 0BT
Tel: 0141 342 1315
Email

20. Governors of prisons and Directors of contracted prisons were instructed by a letter of 29 January 2007 to notify a drug trafficking offender’s actual date of release to the Operational Intelligence Unit at the above address as soon as it is known and this must now be emailed to the Operational Intelligence Unit e-mail address above.

21. In the event that an individual is subject to a condition of bail requiring a passport or identity card to be surrendered, the court or police officer must notify the Identity and Passport Service of the name (including aliases), address(es), date of birth(s) and, where known, the number of any passport or national identity card - including whether surrendered or not  as well as the name of the court which imposed the restriction, the court reference number and a name and contact details of the lead police officer in the case. Email Justice.

22.  Football banning orders must be forwarded to the FBO referral via the Football Policing Unit in line with the current process.

Requesting Information from the National Identity Register

23. Information from an individual’s entry on the Register may be provided without their consent to:

a.   Police, security and intelligence services, Serious Organised Crime Agency and HM Revenue and Customs (as named in section 17 of the Identity Cards Act) for prescribed purposes,

b. prescribed other government departments set out in secondary legislation,

c. prescribed public authorities listed in secondary legislation,

d. an organisation or person for the purposes specified in section 17 of the Anti-Terrorism, Crime and Security Act 2001,

e. an organisation or person who has provided the identity and Passport Service with information used to verify application data or registered data, which transpires to be incorrect.

24. Information held on the Register may be provided without an individual’s consent to a chief officer of police where it is in the interests of national security, for purposes connected with the prevention and detection of crime, or, under secondary legislation made under the Act, to assist in the of identification of victims in the event of an accident, natural disaster or other equivalent event. 

25.     However, information held under paragraph 9 (which relates to the record of every occasion when information has been provided from an individual’s entry on the Register to another person or organisation - otherwise known as audit record data) can only be provided when it is necessary for the prevention and detection of serious crime. Serious Crime assumes the same definition as under section 81(2) and (3) of the Regulation of Investigatory Powers Act 2000 (new window).

26. Information may be provided to those acting on behalf of a chief officer of the police, to the extent that it may be available to the individuals themselves, so long as: -

a. That person has been so authorised by a chief officer of the police.

b. That person is a police officer who holds the rank of Inspector (or above), or where audit record data is required, holds the rank of superintendent (or above).

c. That person is under the direction or control, or is otherwise answerable to a chief officer of the police.

d. That person has been approved by the Secretary of State.  Approval must be given in writing.  The approval status extends beyond the first request until such time as that approval status may be withdrawn. 

27. Information will only be provided when the conditions set out in the legislation and any data sharing agreement have been met. Requests should either be submitted on headed paper or sent by email and contain the following information:

The persons full name and date of birth

Any aliases

All known addresses

Passport or ID card number (if known)

What information is required

Confirmation that the request is compatible with the Human Rights Act 1998 and Data Protection Act 1998.

28.     Regulations under section 17(5) of the Identity Cards Act, have established that a number of government departments, including the Home Office, the Ministry of Justice, the Department for Transport, the Department for Work and Pensions and the Foreign and Commonwealth Office may be provided with information from the National Identity Register for the purpose of carrying out specified functions. In particular, the Ministry of Justice can be provided with information for the functions of assisting with the enforcement of fines imposed by criminal courts and repatriating British nationals imprisoned overseas. Audit record data may also be provided in so far as it is necessary for the prevention and detection of serious crime.

29. Regulations made under section 21 specify the conditions that must be met before information can be provided from the Register. These conditions are supplementary to any conditions imposed by way of a data sharing agreement, which will include the security requirements that will be imposed on any organisation seeking information. The requirements in the legislation and the data sharing agreement must be met before information can be provided.

Civil Penalties

30. The Act lays out the legal duty of the Secretary of State to maintain a 'secure and reliable record of registrable facts'. Ensuring the facts that are held on the National Identity Register (the 'Register') are accurate is an essential element of this duty and the civil penalty regime is in place to support this by enforcing the obligation of those who are on the Register to keep Register entries up to date and to surrender an identity card if required to do so.  A civil penalty regime, managed by the Identity and Passport Service, will therefore be put in place to encourage card holders’ compliance with the requirements to:

a. notify changes that would affect the accuracy of the Register

b. surrender an ID card

c. to report a card lost, stolen, damaged, tampered with or destroyed.  

31. The civil penalty scheme is not intended to be punitive or revenue-raising and so if there is good reason for failure to comply, the penalty will usually be waived. A Code of Practice (new window) sets out how liability for civil penalties will be determined and how penalties will be issued .

Further Information

32. Further information about this circular may be obtained from:

The Identity and Passport Service
Identity Cards Policy and Legislation
4th Floor Allington Towers
19 Allington Street
London SW15 5EB
James Fogg
TeL:020 3356 8020

Annex A

Identity Cards Act and previous commencements              

Identity Cards Act 2006

1. Read the full copy of the Identity Cards Act 2006 . Also read the Explanatory notes (new window) to accompany the Act.

2. Secondary legislation made under the Identity Cards Act is published on the Office of Public Sector Information website. Links to all of the secondary legislation may also be accessed on the 'Legislative and Parliamentary' page of the Identity and Passport Service website.

Commencement from 20th October 2009

3. From 20th October 2009 Statutory Instrument 2009 No. 2565, the Identity Cards Act 2006 (Commencement No. 4) Order 2009 (new window). brought into force the following provisions of the Act:

(a)     Section 1 (The National Identity Register) in so far as it is not already in force

(b)     Section 2(3) to (7) (Individuals entered in Register)

(c)     Section 3 (Information recorded in Register)

(d)     Section 4 (Designation of documents for purposes of registration etc.)

(e)     Section 5(2) to (7) (Applications relating to entries in Register)

(f)      Section 6 (Issue etc. of ID cards)

(g)     Section 8 (Functions of persons issuing designated documents)

(h)     Section 9 (Power to require information for validating Register)

(i)      Section 10 (Notification of changes affecting accuracy of Register);

(j)      Section 11 (Invalidity and surrender of ID cards)

(k)     Section 12 (Provision of information for verification or otherwise with consent)

(l)      Section 13 (Power to make public services conditional on identity checks)

(m)    Section 14 (Procedure for regulations under s. 13)

(n)     Section 15 (Power to provide for checks on the Register);

(o)     Section 16 (Prohibition on requirements to produce identity cards)

(p)     Section 17 (Public authorities etc.)

(q)     Section 18 (Prevention and detection of crime)

(r)      Section 19 (Correcting inaccurate or incomplete information)

(s)     Section 20 (Power to authorise provision of information in other circumstances)

(t)      Section 21 (Rules for providing information without individual’s consent)

(u)     Section 27 (Unauthorised disclosure of information)

(v)     Section 28 (Providing false information)

(w)    Section 29 (Tampering with the Register etc.)

(x)     Section 30 (Amendments relating to offences) in so far as it is not already in force

(y)      Section 31 (Imposition of civil penalties)

(z)      Section 32 (Objection to penalty)

(aa)   Section 33 (Appeals against penalties)

(ab)   Section 34 (Code of practice on penalties)

(ac)   Section 35 (Fees in respect of functions carried out under Act)

(ad)   Section 39 (Amendments of legislation relating to passports)

(ae)   Section 41 (Expenses of Secretary of State)

(af)    Section 42 (General interpretation) in so far as it is not already in force

(ag)    Section 43 (Scotland)

(ah)    Schedule 1 (Information that may be recorded in Register).

Previous Commencements:

4. Details of the previous commencement orders relating to the Identity cards Act are as follows:

From 7th June 2006 Statutory Instrument 2006 No. 1439the Identity Cards Act 2006 (Commencement No. 1) Order 2006 (new window)  brought into force the new offence relating to possession of false identity documents etc. and included sections 25, 26, 30 (partially) section 40, Schedule 2 and sections 1 and 5 (partially) of the Identity Cards Act 2006. (See Home Office Circular 15 / 2006). 

From 30th September 2006 Statutory Instrument 2006 No. 2602 the Identity Cards Act 2006 (Commencement No. 2) Order 2006 (new window), brought into force section 37 of the identity Cards Act relating to 6 monthly reports on costs.

From 1st October 2009 Statutory Instrument 2009 No. 1439, the Identity Cards Act 2006 (Commencement No. 3) Order 2009, (new window) brought into force sections 22 (Appointment of the National Identity Scheme Commissioner), 23 (Reports by the Commissioner), 24 (Jurisdiction of Intelligence Services Commissioner and Tribunal) and 42 (General Interpretation of the above).

back to top