UK Offence Report

Provision of information requirements

regulation 5(3) of The Identity Cards Act 2006 (Provision of Information without 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)(a) are to— a monitor whether the activities set out in sub-paragraphs (b) to (f) are being carried out; b make a record of— i the name of the person requesting the information under any of sections 17 to 20 of the 2006 Act; ii the date and time of the request; iii the reason for the request, including the reason why it was considered necessary and proportionate to request all the relevant information; and iv 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; provide the Commissioner, or a member of the Commissioner’s staff, if requested, with all such information as they may reasonably require for the purpose of carrying out the Commissioner’s functions insofar as they relate to— the arrangements made by the persons referred to in paragraph (1)(a) and (b) for obtaining information under any of sections 17 to 20 of the 2006 Act and for recording and using it; or the use of an ID card; inform 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, unless doing so would prejudice— the prevention or detection of crime; or the interests of national security; co-operate with any investigations by the Secretary of State into suspected fraudulent activity relating to the Register or an identity document, unless doing so would prejudice— the prevention or detection of crime; or the interests of national security; report promptly any failures or suspected failures to carry out the activities set out in sub-paragraphs (a) to (e) to the Secretary of State; and assist 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 (f) 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
breaching the provision
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 5(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. Doing what the provision prohibits, or failing to do what it requires under the Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009.

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
19 October 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.

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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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