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The Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) Regulations (Northern Ireland) 2013

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Statutory Rules of Northern Ireland

2013 No. 142

Official Statistics

The Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) Regulations (Northern Ireland) 2013

Made

23rd May 2013

Affirmed by resolution of the Assembly on

18th June 2013

Coming into force in accordance with regulation 1

The Department of Finance and Personnel makes these Regulations in exercise of the powers conferred by section 49(1) and (2), (5)(b) and (6)(b) of the Statistics and Registration Service Act 2007(1).

In accordance with section 49(7) of that Act these Regulations are made with the consent of the Minister for the Cabinet Office.

In accordance with section 49(8) of that Act the Department of Finance and Personnel and the Minister for the Cabinet Office are satisfied that the disclosure authorised by these Regulations is required by the Statistics Board(2) to enable it to carry out the functions in relation to which the disclosure is authorised, and is in the public interest.

Citation and commencement

1.  These Regulations may be cited as the Statistics and Registration Service Act 2007 (Disclosure of Pupil Information) Regulations (Northern Ireland) 2013 and shall come into operation on the day after the day on which they are affirmed by a resolution of the Assembly.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

the Act” means the Statistics and Registration Service Act 2007;

“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(4);

“pupil reference number” means the number which—

(a)

is used by the Department of Education for Northern Ireland for record management purposes;

(b)

continues to apply to the pupil regardless of any change in the pupil’s school; and

(c)

does not, without additional information, identify the pupil;

“school” has the meaning given by article 2(2) of the 1986 Order;

“pupil” has the meaning given by article 2(2) of the 1986 Order.

Disclosure of individual student information

3.—(1) The Department of Education for Northern Ireland may, for the purpose set out in paragraph (2), disclose to the Statistics Board the information set out in regulation 4 in respect of individuals who have been pupils at any time since 1st September 2006.

(2) The purpose mentioned in paragraph (1) is to enable the Board to carry out its functions in connection with—

(a)the production of population statistics under section 20 (production of statistics) of the Act; and

(b)the assessment of census returns under the Census Act (Northern Ireland) 1969(5).

4.—(1) The information referred to in regulation 3 is —

(a)the pupil’s—

(i)surname, and any former surname;

(ii)first name;

(iii)middle name, or if more than one , each middle name;

(iv)date of birth;

(v)date of death, if applicable;

(vi)gender;

(vii)pupil reference number;

(viii)school and address of that school; and

(ix)date of admission to, and departure from, that school;

(b)the address and postcode of the home where the pupil normally resides; and

(c)whether the pupil is a day or boarding pupil at the school.

(2) The information disclosed to the Board pursuant to regulations 3 and 4 shall not comprise any information collected by the Department of Education for Northern Ireland before 1st September 2006.

Further disclosure of personal information by the Statistics Board

5.—(1) In the application of section 39 (confidentiality of personal information) of the Act to personal information which is disclosed to the Board under regulations 3 and 4, subsection (4)(c) of that section applies to the extent that the Board shall disclose such personal information to the Northern Ireland Statistics and Research Agency(6).

(2) Information shall only be disclosed under paragraph (1) for the purpose of enabling or assisting the Board in—

(a)the production of population statistics under section 20 (production of statistics) of the Act; and

(b)the assessment of census returns under the Census Act (Northern Ireland) 1969(7).

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd May 2013

Legal seal

Norman Caven

A senior officer

Department of Finance and Personnel

23rd May 2013

Francis Maude

Minister for the

Cabinet Office

23rd May 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that the Department of Education for Northern Ireland may disclose to the Statistics Board information in respect of individual pupils including those who have been students at any time since 1st September 2006 for the purpose of enabling that Board to carry out its functions in connection with the production of population statistics and the assessment of census returns.

Regulation 1 describes when the regulations come into operation.

Regulation 2 lists the interpretations of certain terms used.

Regulation 3 permits the disclosure of pupil information to the Statistics Board.

Regulation 4 lists the pupil information to be disclosed.

Regulation 5 requires the Statistics Board to disclose such information to the Northern Ireland Statistics and Research Agency and only for the purpose of assisting the Statistics Board to produce population statistics and assess census returns.

A regulatory impact assessment has not been produced for this rule as no impact on the private or voluntary sectors is foreseen.

(2)

The Statistics Board is established under section 1 of the Statistics and Registration Service Act 2007 (c.18)

(6)

The Northern Ireland Statistics and Research Agency is an Executive Agency within the Department of Finance and Personnel.

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