UK Offence Report

Grant of approval conditions

regulation 7(3) of The Identity Cards Act 2006 (Provision of Information with Consent) Regulations 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 The activities referred to in paragraph (2)(b)(i) are— a monitoring whether the activities set out in sub-paragraphs (b) to [(i)] are being carried out; b making a record of— i who requested the information under section 12 of the 2006 Act; ii the date and time of the request; iii the information which was provided pursuant to the request, and retain that record for 12 months from the date the request was made, unless the Commissioner and the Secretary of State are satisfied that the record no longer needs to be retained; c retaining the document referred to in Regulation 2 for 28 days, unless that document is retained as part of the record referred to in Regulation 6(3)(b), in which case the record must be retained in line with that regulation. d providing the Commissioner or the Commissioner’s staff, if requested by either of them, with all such information as they may reasonably require for the purpose of carrying out the Commissioner’s functions insofar as they relate to— i the arrangements made by the person for obtaining information under section 12 of the 2006 Act and for recording and using it, and ii the person’s use of ID cards; e informing the Secretary of State if that person, or anyone acting on that person’s behalf, has reasonable grounds for suspecting that an individual has committed or is attempting to commit an offence relating to the Register or an identity document; f co-operating with any investigations by the Secretary of State into suspected fraudulent activity relating to the Register or an identity document; g reporting promptly any failures or suspected failures to carry out the activities set out in sub-paragraphs (a) to (f) to the Secretary of State h reporting promptly any non-compliance, or suspected non-compliance, with the terms of any agreement or Memorandum of Understanding with the Secretary of State regarding the disclosure of information to that person under the 2006 Act to the Secretary of State; i assisting the Secretary of State, insofar as is reasonably practicable, in order that the Secretary of State can be satisfied that the activities set out in sub-paragraphs (a) to (h) are being carried out.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Objective fault
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: objective standard in the offence-creating words: reasonably practicable.

What would breach regulation 7(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Identity Cards Act 2006 (Provision of Information with Consent) Regulations 2009, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 September 2009
In force from
20 October 2009
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

The Secretary of State may under section 12(1) of the Identity Cards Act 2006 (“the 2006 Act”) provide a person with information recorded in an individual’s entry in the Register if— c an application for the provision of the information to that person is made by or with the authority of that individual; or d that individual otherwise consents to the provision of that information to that person. Regulation 2 provides that an individual may give consent to the provision of information from that individual’s entry in the Register under that section 12(1) of the 2006 Act on a particular occasion by signing a document which explains the effect of doing so. Regulation 3 makes provision about who can make an application for the provision of information under section 12 of the 2006 Act. Regulation 4 provides that an accredited person may make an application for information from passport records under the Passport Validation Service with the consent of an individual. Regulation 5 imposes conditions which must be satisfied in order that the Secretary of State can provide information about an individual to another person under section 12 of the 2006 Act. These are that (a) the person to whom the information is to be provided has registered the particulars prescribed in regulation 5 and (ii) that that person and the applicant (where different) are for the time being approved by the Secretary of State in writing. Regulation 6 prescribes the particulars that must be registered before information can be provided to another person under regulation 5. Regulation 7(1) provides that a grant of approval in respect of a person to whom information is to be provided is subject to that person complying with the conditions set out in paragraph (2). Regulation 8 makes provision about the suspension or withdrawal of a grant of approval.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source