Registration
Section 5: Applications relating to entries in Register
38.Section 5 sets out how an application for entry to the Register should be made.
39.Subsection (1) provides that an application can be made by being included in an application for a designated document or by being submitted directly to the Secretary of State.
40.Under subsection (2), if an application for a designated document is submitted, then the application must also include one of the following:
an application to be entered in the Register;
confirmation that the individual is already registered and confirming his entry;
confirmation that the individual is already registered and notifying changes to his entry.
References to confirming an entry relate only to the information in paragraphs 1 to 5 of Schedule 1 or information voluntarily added (section 42(4)).
41.For example if, as is intended, passports were designated documents, an individual in applying for a passport must at the same time include an application to be entered in the Register if he is not already entered in the Register or else confirm his entry. In practice, information on the designated document application form is likely to include all the information needed to create an entry on the Register or to verify an existing entry.
42.Subsection (3) provides that an application for registration or confirmation of entry should be accompanied by such information as may be prescribed by the Secretary of State. The information required may vary for different categories of person. For example, third country nationals may be required to provide information regarding their immigration status.
43.Under subsection (4) the Secretary of State may make further requirements of applicants in order to verify information to be entered on the Register and keep that information up to date, for example, in cases of doubt or suspected fraud.
44.Subsection (5) expands on what an individual applying to be entered in the Register or confirming his entry in the Register may be required to do under subsection (4). This includes attending in person at an agreed place and time (or in the absence of agreement, at a specified place and time), agreeing to be photographed, allowing biometric information to be recorded and providing any other information that may be required by the Secretary of State. “Biometric information” and “fingerprint” are defined in section 42(1).
45.Subsection (6) ensures that information may not be required by regulations under this section unless it is for the statutory purposes of the scheme as set out in section 1(3) and consistent with the recording of the registrable facts. This is to ensure that there is no expansion in the scope of information that must be provided by individuals without new primary legislation.
46 Subsection (7) provides that on the first occasion that the Secretary of State makes regulations under Section 5, these regulations must be laid in draft before Parliament and approved by the affirmative resolution procedure. In the case of any subsequent regulations, the negative resolution procedure will apply.