Search Legislation

Advanced Search

Identity Cards Act 2006

Status:

This is the original version (as it was originally enacted).

16Prohibition on requirements to produce identity cards

This section has no associated Explanatory Notes

(1)It shall be unlawful to make it a condition of doing anything in relation to an individual that the individual—

(a)makes an application under section 12(1) for the provision to him of information recorded in his entry in the Register;

(b)exercises the right conferred by section 7 of the Data Protection Act 1998 (c. 29) to obtain information recorded in his entry in the Register; or

(c)provides a person with information about what is recorded in his entry in the Register.

(2)It shall also be unlawful in cases not falling within subsection (3) for any person—

(a)to make it a condition of doing anything in relation to an individual that the individual makes an application, or gives an authority or consent, for the purposes of section 12(1) in order to secure the provision to another person of information recorded in the individual’s entry in the Register;

(b)to make it a condition of doing anything in relation to an individual that the individual establishes his identity by the production of an ID card; or

(c)otherwise to impose a requirement on an individual to produce such a card.

(3)Each of the following is a case in which a condition or requirement referred to in subsection (2) may be imposed in relation to or on an individual—

(a)where the condition or requirement is imposed in accordance with regulations under section 13, or in accordance with provision made by or under any other enactment;

(b)where provision is made allowing the individual to satisfy the condition or other requirement using reasonable alternative methods of establishing his identity;

(c)where the individual is of a description of individuals who are subject to compulsory registration.

(4)The obligation of a person by virtue of this section not to impose a condition or requirement in relation to or on an individual is a duty owed to that individual and is enforceable by him in civil proceedings—

(a)for an injunction or interdict; or

(b)for any other appropriate remedy or relief.

(5)In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources