Section 125 Restriction on applying for replacement identity documents in new nameI1

After section 93 of the Sexual Offences Act 2003 insert—

“Applications for replacement identity documents in new name

Offenders requiring authorisation before applying for certain identity documents in new name

93A

(1)

A relevant offender is subject to the restriction in section 93B(1) if a chief officer of police has given the offender a notice stating that the offender is subject to that restriction, and the notice has not been cancelled.

(2)

A chief officer of police may give an offender a notice under subsection (1) only if, when the notice is given, the chief officer—

(a)

is the chief officer of police for the offender’s relevant police area, and

(b)

is satisfied that it is necessary to give the notice for the purpose of—

(i)

protecting the public or any particular members of the public from sexual harm from the offender, or

(ii)

protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(3)

A notice under subsection (1) must indicate that an appeal may be made under section 93G against the decision to give the notice.

(4)

For the purposes of sections 93B to 93G—

• the “appropriate authority”means—

  1. (a)

     in relation to an offender whose relevant police area is in England and Wales, the Secretary of State;

  2. (b)

     in relation to an offender whose relevant police area is Scotland, the Scottish Ministers;

  3. (c)

     in relation to an offender whose relevant police area is Northern Ireland, the Department of Justice in Northern Ireland;

• the “appropriate chief officer”, in relation to an offender at any time, means the chief officer of police for the offender’s relevant police area at that time;

• “section 93A notice” means a notice given to a relevant offender under subsection (1);

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1).

Requirement for authorisation before applying for replacement identity documents in new name

93B

(1)

A section 93B relevant offender who holds, or has held, an identity document of a particular type must not apply for an identity document of that type to be issued to the offender in a new name unless authorised to do so under section 93C.

(2)

For the purposes of subsection (1) an offender’s name is “new”, in relation to an identity document of a particular type, if the identity document of that type most recently issued to the offender was not in that name.

(3)

A person who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4)

A person who commits an offence under subsection (3) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(5)

For the purposes of this section and section 93C—

(a)

“identity document” means a document falling within subsection (6);

(b)

an identity document is of the same type as another identity document if both documents fall within the same paragraph of subsection (6) (or, in the case of an identity document within subsection (6)(d), if the document is a document of the same kind as a kind of document specified in regulations).

(6)

A document falls within this subsection if it is—

(a)

an immigration document (within the meaning given by section 7(2) of the Identity Documents Act 2010);

(b)

a United Kingdom passport (within the meaning of the Immigration Act 1971);

(c)

a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d)

a document of a kind specified in regulations made by the appropriate authority for the purposes of this section.

(7)

Before making regulations under subsection (6)(d), an appropriate authority must consult each other appropriate authority.

Authorisation to apply for replacement identity documents in new name

93C

(1)

A section 93B relevant offender who holds, or has held, an identity document of a particular type may apply to the appropriate chief officer for authorisation to apply for an identity document of that type to be issued to the offender in a new name.

(2)

The application must—

(a)

be in writing,

(b)

specify the type of identity document that is being applied for and the name in which it is to be issued, and

(c)

include such other information, or be accompanied by such documents, as the appropriate authority may specify in regulations.

(3)

The appropriate chief officer must, within four weeks of receiving the application—

(a)

decide whether to grant or refuse authorisation, and

(b)

give notice of the decision (a “decision notice”) to the applicant.

(4)

In deciding whether to grant or refuse authorisation, the officer must have regard to any guidance issued under section 93H.

(5)

The officer may grant authorisation only if conditions 1 and 2 are met.

(6)

Condition 1 is that the officer is satisfied that—

(a)

the offender is using the new name for reasons connected with—

(i)

the offender’s marriage to, or civil partnership with, another person, or

(ii)

the offender’s religion or belief,

(b)

any conditions specified in regulations made by the appropriate authority for the purposes of this section are met, or

(c)

there are exceptional circumstances that justify granting authorisation.

(7)

Condition 2 is that the officer does not consider it necessary to refuse authorisation for the purpose of—

(a)

protecting the public or any particular members of the public from sexual harm from the offender, or

(b)

protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(8)

If the officer refuses authorisation—

(a)

the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision, and

(b)

a further application under subsection (1) may not be made in relation to an identity document of the same type before the end of the period of one year beginning with the date on which the decision notice is given.

(9)

Before making regulations under this section, an appropriate authority must consult each other appropriate authority.

(10)

In subsection (6)—

(a)

“religion” means any religion;

(b)

a reference to religion includes a reference to a lack of religion;

(c)

“belief” means any religious or philosophical belief;

(d)

a reference to belief includes a reference to a lack of belief.

Authorisations granted under section 93C

93D

(1)

Where a section 93B relevant offender is granted authorisation under section 93C, the authorisation has effect for the period of one year beginning with the day on which notice of the decision to grant the authorisation is given to the offender.

(2)

But the appropriate chief officer may cancel the authorisation before the end of that period by giving notice to the offender.

(3)

The officer may cancel the authorisation only if the officer considers that either or both of the conditions mentioned in section 93C(5) are not met.

(4)

A notice under subsection (2) must indicate that an appeal may be made under section 93G against the decision to cancel the authorisation.

Young offenders: parental notices

93E

(1)

Where a section 93B relevant offender is under 18, the appropriate chief officer may give written notice (a “parental notice”) to a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) the offender.

(2)

If a parental notice has been given to a person by a chief officer of police and it has not expired, sections 93B(1) and 93C(1) have effect as if after “particular type” (in both places) there were inserted “, or a person with parental responsibility for (or, in Scotland, parental responsibilities in relation to) such an offender who has been given a notice under section 93E,”.

(3)

A parental notice expires when the offender reaches the age of 18.

(4)

Where a parental notice is given by the chief constable of the Police Service of Scotland, the references in subsections (1) and (3) to 18 are to be read as references to 16.

Periodic reviews of section 93A notices

93F

(1)

As soon as reasonably practicable after each review date, the appropriate chief officer must review a section 93A notice with a view to determining whether it should be cancelled.

(2)

The “review date”, in relation to a section 93A notice, is—

(a)

the end of the period of 12 months beginning with the date on which the notice is given, and

(b)

the end of each successive period of 12 months.

(3)

In carrying out their review, the appropriate chief officer must consider any representations made during the consultation period by the offender to whom the notice was given.

(4)

Before the start of the consultation period, the appropriate chief officer must notify the offender of their right to make representations during that period.

(5)

In subsections (3) and (4) the “consultation period” means the period of one month ending with the review date.

(6)

After completing their review, the appropriate chief officer must—

(a)

decide whether to cancel the section 93A notice, and

(b)

give notice of the decision (a “decision notice”) to the offender.

(7)

The appropriate chief officer may cancel the section 93A notice only if not satisfied as mentioned in section 93A(2)(b).

(8)

If the appropriate chief officer decides that the section 93A notice should not be cancelled, the decision notice must contain a statement of reasons for the decision and indicate that an appeal may be made under section 93G against the decision.

Appeals

93G

(1)

A person (“P”) may appeal to the appropriate court against a decision—

(a)

to give P a section 93A notice;

(b)

to refuse P authorisation under section 93C;

(c)

to cancel an authorisation granted to P under section 93C (see section 93D);

(d)

to give P a notice under section 93E;

(e)

not to cancel a section 93A notice which has been given to P (see section 93F).

(2)

An appeal under this section may be made by complaint (or, in Scotland, by application) to the appropriate court within the period of 21 days beginning with—

(a)

in the case of an appeal under subsection (1)(a) or (d), the day on which the notice is given to P;

(b)

in the case of an appeal under subsection (1)(b), (c) or (e), the day on which notice of the decision is given to P.

(3)

On an appeal under subsection (1)(a) or (d), the court may confirm or cancel the notice which is the subject of the appeal.

(4)

On an appeal under subsection (1)(b), (c) or (e), the court may—

(a)

confirm the decision, or

(b)

remit the decision for reconsideration by the person who made it with such directions (if any) as the court considers appropriate.

(5)

In this section the “appropriate court” means—

(a)

in relation to an appeal against a decision of a chief officer of police for a police area in England or Wales, any magistrates’ court in a local justice area which includes any part of the officer’s police area;

(b)

in relation to an appeal against a decision of the chief constable of the Police Service of Scotland, a sheriff court;

(c)

in relation to an appeal against a decision of the Chief Constable of the Police Service of Northern Ireland, a court of summary jurisdiction.

Guidance

93H

(1)

The Secretary of State must issue guidance to chief officers of police for police areas in England and Wales in relation to the determination by them of applications under section 93C.

(2)

The Department of Justice in Northern Ireland must issue guidance to the Chief Constable of the Police Service of Northern Ireland in relation to the Chief Constable’s determination of applications under section 93C.

(3)

Before issuing guidance under this section—

(a)

the Secretary of State must consult the Department of Justice in Northern Ireland;

(b)

the Department of Justice in Northern Ireland must consult the Secretary of State.

(4)

The Secretary of State and the Department of Justice may, from time to time, revise any guidance issued by them under this section.

(5)

The Secretary of State and the Department of Justice must arrange for any guidance issued or revised by them under this section to be published.”

After section 93H of the Sexual Offences Act 2003 (inserted by subsection (1)) insert—

“Restriction on granting replacement driving licences in new name (England, Wales and Scotland)

93I

(1)

The Secretary of State may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988 (a “replacement licence”) if—

(a)

the person holds, or has held, a driving licence,

(b)

the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and

(c)

it appears to the Secretary of State, on the basis of information provided by a chief officer of police, that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.

(2)

The regulations may, in particular, include provision for authorising or requiring—

(a)

a chief officer of police to disclose specified information to the Secretary of State, and

(b)

the Secretary of State to disclose specified information to a chief officer of police,

where the disclosure falls within subsection (3).

(3)

A disclosure falls within this subsection if it is made—

(a)

for the purposes of enabling the Secretary of State or a chief officer of police to carry out their functions under or by virtue of the regulations, or

(b)

in connection with the detection or investigation of an offence under section 93B(3).

(4)

The regulations may, in particular, make provision about how a chief officer of police or the Secretary of State may or must use information disclosed to them by virtue of subsection (2).

(5)

The regulations may include provision amending Part 3 of the Road Traffic Act 1988.

(6)

In this section—

• “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);

• “specified” means specified in regulations under this section.”

After section 93I of the Sexual Offences Act 2003 (inserted by subsection (2)) insert—

“Restriction on granting replacement driving licences in new name (Northern Ireland)

93J

(1)

The Department for Infrastructure in Northern Ireland (“the Department”) may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (a “replacement licence”) if—

(a)

the person holds, or has held, a driving licence,

(b)

the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and

(c)

it appears to the Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.

(2)

The regulations may, in particular, include provision for authorising or requiring—

(a)

the Chief Constable to disclose specified information to the Department, and

(b)

the Department to disclose specified information to the Chief Constable,

where the disclosure falls within subsection (3).

(3)

A disclosure falls within this subsection if it is made—

(a)

for the purposes of enabling the Department or the Chief Constable to carry out their functions under or by virtue of the regulations, or

(b)

in connection with the detection or investigation of an offence under section 93B(3).

(4)

The regulations may, in particular, make provision about how the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2).

(5)

The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

(6)

In this section—

• “driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988;

• “section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);

• “specified” means specified in regulations under this section.”