The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

UK Statutory Instrument 2009 No. 2793 — creates 1 criminal offence.

Made

19 October 2009

In force from

20 October 2009

Extent

Not stated

Subject

Terrorism, official secrets and national security

Made under

Identity Cards Act 2006, No. 2793 Identity Cards The Identity Cards Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Section 17(1) of the Identity Cards Act 2006 (“the 2006 Act”) provides that Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if— a the provision of the information is authorised by this section; and b there is compliance with any requirements imposed by or under section 21 of the 2006 Act in relation to the provision of the information. Section 17(5) of the 2006 Act provides that the provision of information not falling within paragraph 9 of Schedule 1 to the 2006 Act (records of provision of information) is authorised by this section, where the information is provided to a prescribed government department or to a prescribed Northern Ireland department for purposes connected with the carrying out of any prescribed functions of that department or Minister in charge of it. Regulation 2 prescribes such departments and functions in respect of those departments for the purposes of section 17(5) of the 2006 Act. Regulation 3 provides that information that may be provided to a person (P) under any of sections 17 to 20 of the 2006 Act may be provided instead to another person who— c is authorised by P to be the recipient of information provided under that section; d holds the rank or position which is specified in paragraph (3) or (4) in respect of that person; and e is under the direction or control of P, or is otherwise answerable or subordinate to P, in respect of any of that other person’s duties as a person holding that rank or position. Regulation 4 provides that it is a condition of providing information to a person under any of sections 17 to 20 of the 2006 Act that that person (where not specified in those sections) is approved by the Secretary of State in writing. Regulation 5 imposes requirements that must be satisfied before information is provided under any of sections 17 to 20 of the 2006 Act. These are that the Secretary of State must be satisfied (a) that the relevant person specified in sections 17 to 20 of that Act must carry out the activities set out in paragraph (3) and (b) that the data controller who receives the information under any of those sections must comply with the Data Protection Act 1988 when processing any of the information which constitutes personal data.

Offences created by this instrument

• Provision of information requirements regulation 5(3) · Status not determined · Objective fault

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Delegated Legislation Commons · Commons Chamber · 6 July 2009 · Mr. Speaker

  Objection taken. The motions will therefore be put separately. Motion made, and Question put forthwith (Standing Order No. 118(6)), Companies That the draft Overseas Companies Regulations 2009, which were laid before this House on 14 May, be approved.— (Mark Tami.) Question agreed to. Motion made, and Question put forthwith (Standing Order No. 118(6)), International Monetary Fund That the draft International Monetary Fund (Limit on Lending) Order 2009, which was laid before this House on 2 June, be approved.— (Mark Tami.) Question agreed to. Motion made, and Question put forthwith (Standing…

• Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009 Lords · Lords Chamber · 13 July 2009 · Baroness Hanham

  My Lords, I thank the Minister for introducing these five statutory instruments, which I shall deal with now. I have a Motion to Resolve for discussion later on. This is a slightly unreal debate. The Minister said that these statutory instruments, which implement the arrangements for the provision of identity cards, were due to have come to this House several weeks ago, but were delayed on the appointment of the new Home Secretary for his reconsideration. I think we all hoped that he would reconsider them out of existence. On 30 June, in a Written Statement, the result of his cogitations was…

• Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009 Lords · Lords Chamber · 13 July 2009 · Baroness Hanham

  That this House regrets the Government’s decision to proceed with the draft Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009, the draft Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009, the draft Identity Cards Act 2006 (Fees) Regulations 2009, the draft Identity Cards Act 2006 (Prescribed Information) Regulations 2009 and the draft Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009 before the case for continued investment in the identity cards project has been put to the…

• Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009 Lords · Lords Chamber · 13 July 2009

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2009