The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024

The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024

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The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024
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UK Statutory Instruments
2024 No. 64
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Changes over time for: The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024
Alternative versions:
08/02/2024
- Amendment
30/10/2024
- Amendment
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There are currently no known outstanding effects for The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024.
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Statutory Instruments
2024 No. 64
Disclosure Of Information
The Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024
Made
18th January 2024
Coming into force
8th February 2024

In exercise of the powers conferred on the appropriate national authority (meaning the relevant Minister) by section 35(3) and (7) of the Digital Economy Act 2017(
1
) (“
the Act
”), the Minister for the Cabinet Office, with the consent of the Treasury(
2
), makes the following Regulations.

The Minister for the Cabinet Office is satisfied that the objective specified complies with the conditions in section 35(9), (10) and (12) of the Act, and that the entries added to Schedule 4 to the Act comply with the condition in section 35(4) of the Act.

The Minister for the Cabinet Office has consulted the Information Commissioner, the Commissioners for His Majesty’s Revenue and Customs, the Scottish Ministers, the Welsh Ministers, the Department of Finance in Northern Ireland, and such other persons as the Minister for the Cabinet Office considers appropriate, as required by section 44(4) of the Act(
3
).

In accordance with section 44(7) of the Act(
4
), a draft of these Regulations was laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement, extent and interpretation
E+W+S
1.
—(1) These Regulations may be cited as the Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024 and come into force 21 days after the day on which they are made.
(2) These Regulations extend to England and Wales and Scotland.
(3) In these Regulations—
(a)
“
the Act
” means the Digital Economy Act 2017;

(b)
“
digital identity verification service
” means an electronic process for confirming the identity of an individual by checking information provided by that individual against information held by another person.

Commencement Information
I1
Reg. 1 in force at 8.2.2024, see
reg. 1(1)
Amendment of Schedule 4 to the Act
E+W+S
2.
  In Schedule 4 to the Act, in Part 1, after paragraph 27, insert—
“
27A.

The Minister for the Cabinet Office.

27B.

The Secretary of State for Transport.

27C.

The Secretary of State for Environment, Food and Rural Affairs.

27D.

The Disclosure and Barring Service.
”
.

Commencement Information
I2
Reg. 2 in force at 8.2.2024, see
reg. 1(1)
Digital identity verification services objective
E+W+S
3.
—(1) Paragraph (2) specifies an objective for the purposes of section 35(7) of the Act.
(2) The digital identity verification services objective is to provide assistance to individuals who are seeking to access public services digitally by—
(a)
enabling those individuals to create a reusable digital identity in a convenient, secure and efficient way,

(b)
improving their physical, mental, emotional, social or economic well-being, and

(c)
supporting the administration or delivery of the functions of a person who is a specified person in relation to this specified objective.

Commencement Information
I3
Reg. 3 in force at 8.2.2024, see
reg. 1(1)
Specified persons in relation to the digital identity verification services objective
E+W+S
4.
—(1) Paragraph (2) sets out the specified persons from Schedule 4 to the Act who are specified persons in relation to the digital identity verification services objective (“the specified objective”).
(2) The specified persons are—
(a)
the persons listed in the Schedule to these Regulations, and

(b)
a person providing services in connection with the specified objective to a person within sub-paragraph (a).

Commencement Information
I4
Reg. 4 in force at 8.2.2024, see
reg. 1(1)
Alex Burghart
Parliamentary Secretary for the Cabinet Office
Cabinet Office
18th January 2024
We consent to these Regulations
Amanda Milling
Joy Morrisey
Two of the Lords Commissioners of His Majesty’s Treasury
16th January 2024
Regulation 4
SCHEDULE
E+W+S
List of persons within regulation 4(2)(a)
PART 1
E+W+S
UK and English Bodies
1.
  The Secretary of State for the Home Department.
E+W+S
Commencement Information
I5
Sch. para. 1 in force at 8.2.2024, see
reg. 1(1)
2.
  The Secretary of State for Defence.
E+W+S
Commencement Information
I6
Sch. para. 2 in force at 8.2.2024, see
reg. 1(1)
3.
  The Lord Chancellor.
E+W+S
Commencement Information
I7
Sch. para. 3 in force at 8.2.2024, see
reg. 1(1)
4.
  The Secretary of State for Justice.
E+W+S
Commencement Information
I8
Sch. para. 4 in force at 8.2.2024, see
reg. 1(1)
5.
  The Secretary of State for Education.
E+W+S
Commencement Information
I9
Sch. para. 5 in force at 8.2.2024, see
reg. 1(1)
6.
  The Secretary of State for Business and Trade, in relation to the Secretary of State’s relevant business functions.
E+W+S
Commencement Information
I10
Sch. para. 6 in force at 8.2.2024, see
reg. 1(1)
7.
  The Secretary of State for Energy Security and Net Zero.
E+W+S
Commencement Information
I11
Sch. para. 7 in force at 8.2.2024, see
reg. 1(1)
8.
  The Secretary of State for Science, Innovation and Technology.
E+W+S
Commencement Information
I12
Sch. para. 8 in force at 8.2.2024, see
reg. 1(1)
9.
  The Secretary of State for Work and Pensions.
E+W+S
Commencement Information
I13
Sch. para. 9 in force at 8.2.2024, see
reg. 1(1)
10.
  The Secretary of State for
[
F1
Housing, Communities and Local Government
]
.
E+W+S
Textual Amendments
F1
Words in
Sch. para. 10
substituted (30.10.2024) by
The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991)
,
art. 1(2)
,
Sch. para. 27
(with
art. 7
)
Commencement Information
I14
Sch. para. 10 in force at 8.2.2024, see
reg. 1(1)
11.
  The Secretary of State for Culture, Media and Sport.
E+W+S
Commencement Information
I15
Sch. para. 11 in force at 8.2.2024, see
reg. 1(1)
12.
  His Majesty’s Revenue and Customs.
E+W+S
Commencement Information
I16
Sch. para. 12 in force at 8.2.2024, see
reg. 1(1)
13.
  A county council in England.
E+W+S
Commencement Information
I17
Sch. para. 13 in force at 8.2.2024, see
reg. 1(1)
14.
  A district council in England.
E+W+S
Commencement Information
I18
Sch. para. 14 in force at 8.2.2024, see
reg. 1(1)
15.
  A London borough council.
E+W+S
Commencement Information
I19
Sch. para. 15 in force at 8.2.2024, see
reg. 1(1)
16.
  A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009(
5
).
E+W+S
Commencement Information
I20
Sch. para. 16 in force at 8.2.2024, see
reg. 1(1)
17.
  The Common Council of the City of London in its capacity as a local authority.
E+W+S
Commencement Information
I21
Sch. para. 17 in force at 8.2.2024, see
reg. 1(1)
18.
  The Council of the Isles of Scilly.
E+W+S
Commencement Information
I22
Sch. para. 18 in force at 8.2.2024, see
reg. 1(1)
19.
  The Greater London Authority.
E+W+S
Commencement Information
I23
Sch. para. 19 in force at 8.2.2024, see
reg. 1(1)
20.
  The Chief Land Registrar.
E+W+S
Commencement Information
I24
Sch. para. 20 in force at 8.2.2024, see
reg. 1(1)
21.
  The Minister for the Cabinet Office.
E+W+S
Commencement Information
I25
Sch. para. 21 in force at 8.2.2024, see
reg. 1(1)
22.
  The Secretary of State for Transport.
E+W+S
Commencement Information
I26
Sch. para. 22 in force at 8.2.2024, see
reg. 1(1)
23.
  The Secretary of State for Environment, Food and Rural Affairs.
E+W+S
Commencement Information
I27
Sch. para. 23 in force at 8.2.2024, see
reg. 1(1)
24.
  The Disclosure and Barring Service.
E+W+S
Commencement Information
I28
Sch. para. 24 in force at 8.2.2024, see
reg. 1(1)
PART 2
E+W+S
Welsh Bodies
25.
  The Welsh Ministers.
E+W+S
Commencement Information
I29
Sch. para. 25 in force at 8.2.2024, see
reg. 1(1)
26.
  The Welsh Revenue Authority.
E+W+S
Commencement Information
I30
Sch. para. 26 in force at 8.2.2024, see
reg. 1(1)
27.
  A county council in Wales.
E+W+S
Commencement Information
I31
Sch. para. 27 in force at 8.2.2024, see
reg. 1(1)
28.
  A community council in Wales.
E+W+S
Commencement Information
I32
Sch. para. 28 in force at 8.2.2024, see
reg. 1(1)
PART 3
E+W+S
Scottish Bodies
29.
  The Scottish Ministers.
E+W+S
Commencement Information
I33
Sch. para. 29 in force at 8.2.2024, see
reg. 1(1)
30.
  A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(
6
).
E+W+S
Commencement Information
I34
Sch. para. 30 in force at 8.2.2024, see
reg. 1(1)
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations relate to the disclosure of information in relation to public service delivery, pursuant to Chapter 1 of Part 5 of the Digital Economy Act
2017 (c. 30)
(“
the Act
”), and in particular to the creation of the digital identity verification services objective.

Regulation 2 amends Part 1 of Schedule 4 to the Act (UK and English Bodies), so as to add four further persons to the list of specified persons already contained in that Part. This is done because these four persons are to be amongst those specified persons from Schedule 4 who are specified in relation to the digital identity verification services objective.

Regulation 3 specifies the digital identity verification services objective as an objective for the purposes of section 35 of the Act (disclosure of information to improve public service delivery).

Regulation 4 specifies the persons from Schedule 4 to the Act that are specified persons in relation to the digital identity verification services objective. Regulation 4(2)(a) introduces the Schedule, Parts 1 to 3 of which list UK and English bodies, Welsh bodies and Scottish bodies respectively. By virtue of section 35(1) of the Act, a specified person in relation to a specified objective may disclose information held by the person in connection with any of the person’s functions to another person who is a specified person for the purposes of the same objective.

The effect of these Regulations is to expressly permit the disclosure of information between a number of Government Departments and other public bodies, with a view to making it easier and safer for people to prove their identity when seeking to access public services digitally.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(
1
)
2017 c. 30
. Under section 45(1), the Minister for the Cabinet Office is the relevant Minister, and therefore the appropriate national authority to make these Regulations. Section 45(1) was amended by article 6(4) of
S.I. 2018/526
, under which the functions of the Secretary of State under Chapter 1 of Part 5 of the Act ceased to be exercisable concurrently with the Minister for the Cabinet Office, and subsequently by article 6(4) of
S.I. 2020/940
, under which those functions became exercisable concurrently with the Minister for the Cabinet Office.
(
2
)
Consent of the Treasury is required by section 44(6) of the Act.
(
3
)
Section 44(4) of the 2017 Act was amended by article 6(2) and (3) of
S.I. 2018/526
and by article 6(3)(b) of
S.I. 2020/940
.
(
4
)
Section 44(7) of the 2017 Act was amended by article 6(3)(c) of
S.I. 2020/940
.
(
5
)
2009 c. 20
.
(
6
)
1994 c. 39
.
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