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U.K.

Statistics and Registration Service Act 2007

2007 CHAPTER 18

An Act to establish and make provision about the Statistics Board; to make provision about offices and office-holders under the Registration Service Act 1953; and for connected purposes.

[26th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 U.K.The Statistics Board

The Statistics BoardU.K.

1EstablishmentU.K.

(1)There is to be a body corporate to be known as the Statistics Board (in this Part called “the Board”).

(2)In Gaelic the Board is to be known as Am Bòrd an Staitistig.

(3)In Welsh the Board is to be known as Y Bwrdd Ystadegau.

Commencement Information

I1S. 1 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

2StatusU.K.

(1)The Board is to exercise its functions on behalf of the Crown.

(2)Accordingly, the property, rights and liabilities of the Board are property, rights and liabilities of the Crown.

Commencement Information

I2S. 2 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

Members and staffU.K.

3MembersU.K.

(1)The Board is to consist of executive and non-executive members.

(2)The non-executive members are to be—

(a)the chairman, appointed by Her Majesty, and

(b)at least five other persons appointed by the Minister for the Cabinet Office.

(3)Before appointing any person under subsection (2)(b) the Minister for the Cabinet Office must consult the chairman.

(4)The persons appointed under subsection (2)(b) must include—

(a)one person who is appointed by the Minister for the Cabinet Office after consulting the Scottish Ministers,

(b)one person who is appointed by the Minister for the Cabinet Office after consulting the Welsh Ministers, and

(c)one person who is appointed by the Minister for the Cabinet Office after consulting the Department of Finance and Personnel for Northern Ireland.

(5)The Minister for the Cabinet Office may, after consulting the chairman, designate one of the non-executive members appointed under subsection (2)(b) as deputy chairman.

(6)The executive members are to be—

(a)the National Statistician (see section 5), and

(b)two other employees of the Board, appointed by the non-executive members.

(7)A person may not be both a non-executive member of the Board and an employee of the Board.

Commencement Information

I3S. 3 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

4Non-executive membersU.K.

(1)A non-executive member of the Board is to be appointed—

(a)for at least one and no more than five years, and

(b)on such other terms and conditions as the person making the appointment thinks fit.

(2)A non-executive member is to hold and vacate office in accordance with the terms and conditions of his appointment, subject as follows.

(3)A non-executive member may resign at any time by notice in writing to the Minister for the Cabinet Office.

(4)The person appointing a non-executive member may dismiss him by notice in writing on the grounds that—

(a)the member has been absent from meetings of the Board without permission of the Board for a period of more than three months,

(b)the member is the subject of a bankruptcy restrictions order [F1or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986],

(c)the member has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,

(d)the member is unfit for office by reason of misconduct,

(e)the member has failed to comply with the terms of his appointment, or

(f)the member is otherwise unable, unfit or unwilling to perform his functions.

(5)Where—

(a)a non-executive member ceases to be a member otherwise than on the expiry of his term of office, and

(b)it appears to the Minister for the Cabinet Office that there are circumstances which make it right for him to receive compensation,

the Board may pay him compensation of an amount approved by the Minister for the Cabinet Office.

(6)A person who has ceased to be a non-executive member is eligible for re-appointment (on any number of occasions).

Textual Amendments

Commencement Information

I4S. 4 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

5Executive members and other staffU.K.

(1)The Board is to have—

(a)an officer known as the National Statistician, and

(b)an officer known as the Head of Assessment.

(2)The National Statistician is to be—

(a)appointed by Her Majesty, and

(b)employed by the Board on the terms and conditions of his appointment (which may include provision relating to dismissal).

(3)The Head of Assessment is to be—

(a)appointed by the non-executive members of the Board, and

(b)employed by the Board on the terms and conditions of his appointment.

(4)The Board is to have such other employees as it may appoint.

(5)The persons appointed under subsection (4) are to be employed on the terms and conditions of their appointment.

(6)The Board may only appoint persons under subsection (4) with the approval of the Minister for the Civil Service as to numbers and terms and conditions of employment.

(7)Service as an employee of the Board is service in the civil service of the State.

(8)The employees of the Board who are appointed members of the Board under section 3(6)(b) are to hold office as members in accordance with the terms and conditions of their appointment as members.

Commencement Information

I5S. 5 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

Official statistics: introductoryU.K.

6Official statisticsU.K.

(1)In this Part “official statistics” means—

(a)statistics produced by—

(i)the Board,

(ii)a government department,

(iii)the Scottish Administration,

(iv)a Welsh ministerial authority,

(v)a Northern Ireland department, or

(vi)any other person acting on behalf of the Crown, and

(b)such other statistics as may be specified by order by—

(i)a Minister of the Crown,

(ii)the Scottish Ministers,

(iii)the Welsh Ministers, or

(iv)a Northern Ireland department.

(2)An order under subsection (1)(b) may in particular specify all, or a description of, the statistics produced or to be produced by a particular person or description of person.

(3)Before making an order under subsection (1)(b) an authority referred to in that provision must consult the Board.

(4)The Board must, at least once every financial year, publish a list of statistics which are at the time of publication official statistics by virtue of subsection (1)(b).

(5)In this Part “Welsh ministerial authority” means any of the following—

(a)the Welsh Ministers;

(b)the First Minister for Wales;

(c)the Counsel General to the Welsh Assembly Government.

Commencement Information

I6S. 6 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

7ObjectiveU.K.

(1)In the exercise of its functions under sections 8 to 21 the Board is to have the objective of promoting and safeguarding the production and publication of official statistics that serve the public good.

(2)In subsection (1) the reference to serving the public good includes in particular—

(a)informing the public about social and economic matters, and

(b)assisting in the development and evaluation of public policy.

(3)The Board is accordingly, in the exercise of its functions under sections 8 to 21, to promote and safeguard—

(a)the quality of official statistics,

(b)good practice in relation to official statistics, and

(c)the comprehensiveness of official statistics.

(4)In this Part references to the quality of any official statistics includes—

(a)their impartiality, accuracy and relevance, and

(b)their coherence with other official statistics.

(5)In this Part references to good practice in relation to official statistics includes ensuring their accessibility.

Commencement Information

I7S. 7 in force at 1.12.2007 by S.I. 2007/3388, art. 2(a)

General functions relating to official statisticsU.K.

8Monitoring and reporting of official statisticsU.K.

(1)The Board is to monitor the production and publication of official statistics.

(2)The Board may report any concerns it has about—

(a)the quality of any official statistics,

(b)good practice in relation to any official statistics, or

(c)the comprehensiveness of any official statistics,

to the person responsible for those statistics.

(3)The Board may publish its findings or any report under this section.

Commencement Information

I8S. 8 in force at 1.4.2008 by S.I. 2008/839, art. 2

9Definitions etc for official statisticsU.K.

(1)The Board is to—

(a)develop and maintain definitions, methodologies, classifications and standards for official statistics, and

(b)promote their use in relation to official statistics.

(2)The Board may in particular for the purposes of this section give guidance and advice to persons responsible for official statistics.

(3)The Board may publish guidance and advice given under this section.

Commencement Information

I9S. 9 in force at 1.4.2008 by S.I. 2008/839, art. 2

National StatisticsU.K.

10Code of Practice for StatisticsU.K.

(1)The Board is to prepare, adopt and publish a Code of Practice for Statistics.

(2)The Board may at any time revise the Code and, if it decides to do so, must publish the Code as revised.

(3)In preparing or revising the Code the Board must consult—

(a)the Scottish Ministers,

(b)the Welsh Ministers,

(c)the Department of Finance and Personnel for Northern Ireland, and

(d)such other persons as it thinks fit.

Commencement Information

I10S. 10 in force at 1.12.2007 by S.I. 2007/3388, art. 2(b)

11Pre-release accessU.K.

(1)The Code of Practice for Statistics under section 10 may not deal with any matter relating to the granting of pre-release access to official statistics.

(2)The appropriate authority may for the purposes of the Code by order provide for rules and principles relating to the granting of pre-release access to official statistics.

(3)The Code shall apply in relation to any official statistics as if it included any rules and principles provided for in relation to those statistics under subsection (2).

(4)The rules and principles which may be provided for under subsection (2) include rules and principles as to—

(a)the circumstances in which, or descriptions of statistics in relation to which, pre-release access may or may not be granted;

(b)the persons or descriptions of person to whom pre-release access may be granted;

(c)the period, or maximum period, during which pre-release access may be so granted;

(d)the conditions subject to which pre-release access may be so granted.

(5)Those rules and principles may—

(a)make different provision for different cases, and

(b)allow for the exercise of discretion by persons responsible for official statistics.

(6)In this section “appropriate authority” means—

(a)the Minister for the Cabinet Office, except in a case falling within paragraphs (b) to (d);

(b)the Scottish Ministers, in relation to official statistics that are wholly Scottish devolved statistics;

(c)the Welsh Ministers, in relation to official statistics that are wholly Welsh devolved statistics;

(d)the Department of Finance and Personnel for Northern Ireland, in relation to official statistics that are wholly Northern Ireland devolved statistics.

(7)Before making an order under subsection (2) the appropriate authority must consult—

(a)the other persons referred to in subsection (6)(a) to (d), and

(b)the Board.

(8)In this section “pre-release access”, in relation to official statistics, means access to the statistics in their final form prior to publication.

Commencement Information

I11S. 11 in force at 1.12.2007 by S.I. 2007/3388, art. 2(b)

12AssessmentU.K.

(1)At the request of the appropriate authority the Board must, in accordance with this Part, assess and determine whether the Code of Practice for Statistics under section 10 has been complied with in relation to any official statistics.

(2)If under subsection (1) the Board determines that the Code has been complied with, it must designate the statistics as “National Statistics”; but otherwise it must decline so to designate them.

(3)A request under subsection (1) may not be withdrawn.

(4)The person responsible for any official statistics in relation to which an assessment is being made under subsection (1) must provide the Board with such information about the statistics as it may reasonably require.

(5)The Board must publish the results of any assessment under subsection (1).

(6)The Board may in exercising its functions under subsection (1) take into account information or advice received from any person.

(7)In subsection (1) the “appropriate authority” in relation to any official statistics is a Minister of the Crown, subject to the following—

(a)the National Statistician is the appropriate authority in relation to statistics produced by the Board;

(b)the Scottish Ministers are the appropriate authority in relation to official statistics not produced by the Board which are Scottish devolved statistics;

(c)the Welsh Ministers are the appropriate authority in relation to official statistics not produced by the Board which are Welsh devolved statistics;

(d)any Northern Ireland department is the appropriate authority in relation to official statistics not produced by the Board which are Northern Ireland devolved statistics.

(8)For the purposes of this Part, any official statistics designated as National Statistics before the commencement of this section shall be regarded as having been so designated under this section.

Commencement Information

I12S. 12 in force at 1.4.2008 by S.I. 2008/839, art. 2

13Duty to continue to comply with CodeU.K.

(1)The person producing any official statistics which are designated under section 12 as National Statistics must ensure that the Code of Practice for Statistics under section 10 continues to be complied with in relation to the statistics.

(2)Failure to comply with subsection (1) in relation to any statistics means that the designation of the statistics as National Statistics may not be confirmed under section 14 (but no action shall lie in relation to any such failure).

Commencement Information

I13S. 13 in force at 1.4.2008 by S.I. 2008/839, art. 2

14Re-assessmentU.K.

(1)The Board must, in accordance with this Part, assess and determine whether the Code of Practice for Statistics under section 10 continues to be complied with in relation to statistics already designated as National Statistics under section 12.

(2)If under subsection (1) the Board determines that the Code continues to be complied with in relation to any statistics already designated as National Statistics under section 12, it must confirm their designation as National Statistics; but otherwise it must cancel their designation.

(3)The person responsible for any official statistics in respect of which an assessment is being made under subsection (1) must provide the Board with such information about the statistics as it may reasonably require.

(4)The Board may in exercising its functions under subsection (1) take into account information or advice received from any person.

(5)The Board must publish the results of any assessment under subsection (1).

(6)The designation of any statistics as National Statistics may not be cancelled except pursuant to a determination under subsection (1).

Commencement Information

I14S. 14 in force at 1.4.2008 by S.I. 2008/839, art. 2

15Programme of assessmentU.K.

(1)The Board must prepare and publish a programme for the assessment and re-assessment of statistics under sections 12(1) and 14(1).

(2)The Board may at any time revise the programme and, if it decides to do so, must publish the programme as revised.

Commencement Information

I15S. 15 in force at 1.4.2008 by S.I. 2008/839, art. 2

16Requests for assessment: supplementaryU.K.

(1)Where in the case of any official statistics other than statistics produced by the Board—

(a)the appropriate authority has not under section 12(1) requested the Board to assess and determine whether the Code of Practice for Statistics has been complied with, and

(b)the Board is of the view that it would be appropriate for it to do so,

the Board must notify the appropriate authority accordingly.

(2)Where the appropriate authority is a Minister of the Crown, the Board must lay a copy of its notification under subsection (1) before Parliament.

(3)A Minister of the Crown, on receiving notification under subsection (1), must provide the Board with—

(a)a statement that he intends to make a request under section 12(1) in relation to the statistics, or

(b)a statement that he does not intend to make such a request,

and must lay a copy of the statement before Parliament.

(4)A statement under subsection (3)(a) must include a timetable for making the request.

(5)A statement under subsection (3)(b) must give reasons for not making the request.

(6)Where the National Statistician determines not to make a request under section 12(1) in relation to any official statistics produced by the Board, he must—

(a)make a statement that he does not intend to make such a request, giving reasons, and

(b)lay a copy of the statement before Parliament.

(7)In this section “appropriate authority” has the same meaning as in section 12(1).

Commencement Information

I16S. 16 in force at 1.4.2008 by S.I. 2008/839, art. 2

17Principles and proceduresU.K.

(1)The Board must prepare and publish a statement of—

(a)the principles to which it will have regard, and

(b)the procedures which it will adopt,

in exercising its functions under sections 12(1) and 14(1).

(2)The Board may at any time revise the statement under subsection (1) and, if it decides to do so, must publish the statement as revised.

(3)In preparing or revising the statement under subsection (1) the Board must consult—

(a)the Scottish Ministers,

(b)the Welsh Ministers,

(c)the Department of Finance and Personnel for Northern Ireland, and

(d)such other persons as it thinks fit.

Commencement Information

I17S. 17 in force at 1.4.2008 by S.I. 2008/839, art. 2

18List of National StatisticsU.K.

The Board must, at least once every financial year, publish a list of statistics which are at the time of publication designated as National Statistics under this Part.

Commencement Information

I18S. 18 in force at 1.4.2008 by S.I. 2008/839, art. 2

19Code: transitionalU.K.

(1)In this section—

(a)the interim period” means the period after the Board is established under section 1 but before the Board has adopted and published a Code under section 10(1), and

(b)the existing Code” means the National Statistics Code of Practice existing at the time of the commencement of this section.

(2)During the interim period the Board is to maintain the existing Code.

(3)The Board may at any time during the interim period revise the existing Code and, if it decides to do so, must publish that Code as revised.

(4)The Board may not under subsection (3) make any revision relating to pre-release access to official statistics (within the meaning of section 11).

(5)Sections 11(2) to (7), 12 and 14 apply during the interim period in relation to the existing Code as they apply in relation to the Code under section 10.

Commencement Information

I19S. 19 in force at 1.4.2008 by S.I. 2008/839, art. 2

Production of statisticsU.K.

20Production of statisticsU.K.

(1)The Board may itself produce and publish statistics relating to any matter relating to the United Kingdom or any part of it.

(2)The Board may at any time publish information or give advice on statistics produced under subsection (1).

(3)The Board may not without the consent of the Scottish Ministers produce and publish Scottish devolved statistics.

(4)The Board may not without the consent of a Welsh ministerial authority produce and publish Welsh devolved statistics.

(5)The Board may not without the consent of the appropriate Northern Ireland department produce and publish Northern Ireland devolved statistics.

Commencement Information

I20S. 20 in force at 1.4.2008 by S.I. 2008/839, art. 2

21Retail prices indexU.K.

(1)The Board must under section 20—

(a)compile and maintain the retail prices index, and

(b)publish it every month.

(2)Before making any change to the coverage or the basic calculation of the retail prices index, the Board must consult the Bank of England as to whether the change constitutes a fundamental change in the index which would be materially detrimental to the interests of the holders of relevant index-linked gilt-edged securities.

(3)If the Bank of England considers that the change constitutes a fundamental change in the index which would be materially detrimental to the interests of the holders of relevant index-linked gilt-edged securities, the Board may not make the change without the consent of the Chancellor of the Exchequer.

(4)In this section —

Commencement Information

I21S. 21 in force at 1.4.2008 by S.I. 2008/839, art. 2

Additional statistical functionsU.K.

22Statistical servicesU.K.

(1)The Board may provide statistical services to any person in any place within or outside the United Kingdom.

(2)The services which may be provided under this section include in particular—

(a)providing information, advice and technical assistance in relation to statistics;

(b)providing quality assessment in relation to statistics;

(c)conducting statistical surveys and analysis;

(d)collecting, adapting and developing data.

Commencement Information

I22S. 22 in force at 1.4.2008 by S.I. 2008/839, art. 2

23Statistical researchU.K.

The Board may promote and assist statistical research, in particular by providing access (where it may lawfully do so) to data held by it.

Commencement Information

I23S. 23 in force at 1.4.2008 by S.I. 2008/839, art. 2

24Delegated functionsU.K.

(1)A Minister of the Crown may by order delegate to the Board any of his functions relating to the production of statistics.

(2)A Welsh ministerial authority may by order delegate to the Board any of the authority's functions relating to the production of statistics.

(3)A Northern Ireland department may by order delegate to the Board any of its functions relating to the production of statistics.

(4)An order under this section may include consequential or incidental provision (including provision amending any enactment).

Commencement Information

I24S. 24 in force at 1.12.2007 by S.I. 2007/3388, art. 2(c)

Census etcU.K.

25Census etcU.K.

(1)The functions of the Registrar General for England and Wales under the enactments specified in subsection (2) are transferred to the Board.

(2)Those enactments are—

(a)the Census Act 1920 (c. 41) (censuses);

(b)section 19 of the Registration Service Act 1953 (c. 37) (annual abstract of number of births, deaths and marriages);

(c)paragraph 5(a) and (c) of Schedule 1 to the Parliamentary Constituencies Act 1986 (c. 56) (function as assessor to Boundary Commission for England and Boundary Commission for Wales).

(3)Schedule 1 (which makes consequential and supplementary provision relating to the transfer of functions under subsection (1)) has effect.

Commencement Information

I25S. 25 in force at 1.4.2008 by S.I. 2008/839, art. 2

Functions: supplementaryU.K.

26Ancillary powersU.K.

(1)The Board may do anything which it thinks necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2)Anything required to be published by the Board may be published by it in such manner as it thinks fit.

Commencement Information

I26S. 26 in force at 1.12.2007 by S.I. 2007/3388, art. 2(d)

27ReportsU.K.

(1)As soon as possible after the end of each financial year the Board must produce a report on—

(a)what it has done during that year,

(b)what it has found during that year, and

(c)what it intends to do during the next financial year.

(2)The Board must lay a report under subsection (1) before—

(a)Parliament,

(b)the Scottish Parliament,

(c)the National Assembly for Wales, and

(d)the Northern Ireland Assembly.

(3)The Board may at any time produce a report about any matter relating to the exercise of its functions.

(4)The Board must lay a report under subsection (3) before one or more of the following—

(a)Parliament;

(b)the Scottish Parliament;

(c)the National Assembly for Wales;

(d)the Northern Ireland Assembly.

(5)Where the Board lays a report under this section it must publish it as soon as possible thereafter.

Commencement Information

I27S. 27 in force at 1.4.2008 by S.I. 2008/839, art. 2 (with art. 3)

28Efficiency etcU.K.

(1)The Board must exercise its functions efficiently and cost-effectively.

(2)The Board must seek to minimise the burdens (including financial burdens) it imposes on other persons.

Commencement Information

I28S. 28 in force at 1.12.2007 by S.I. 2007/3388, art. 2(e)

29DirectionsU.K.

(1)If the Minister for the Cabinet Office considers that there has been a serious failure by the Board—

(a)to comply with its objective, or

(b)to perform any of its functions,

he may give the Board such directions as he considers appropriate to remedy the failure.

(2)If the Scottish Ministers consider that there has been a serious failure by the Board—

(a)to comply with its objective, or

(b)to perform any of its functions so far as relating to Scottish devolved statistics,

they may, with the consent of the Minister for the Cabinet Office, give the Board such directions as they consider appropriate to remedy the failure.

(3)If the Welsh Ministers consider that there has been a serious failure by the Board—

(a)to comply with its objective, or

(b)to perform any of its functions so far as relating to Welsh devolved statistics,

they may, with the consent of the Minister for the Cabinet Office, give the Board such directions as they consider appropriate to remedy the failure.

(4)If the Department of Finance and Personnel for Northern Ireland considers that there has been a serious failure by the Board—

(a)to comply with its objective, or

(b)to perform any of its functions so far as relating to Northern Ireland devolved statistics,

it may, with the consent of the Minister for the Cabinet Office, give the Board such directions as it considers appropriate to remedy the failure.

(5)The Minister for the Cabinet Office may give the Board such directions as he considers appropriate for the purpose of implementing any [F2EU] obligation.

(6)A direction under this section must be in writing.

(7)A direction under this section must be published by the authority which gave it in such manner as that authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(8)Where the Minister for the Cabinet Office gives a direction under this section—

(a)he must lay a copy before Parliament, and

(b)he must notify the Scottish Ministers, the Welsh Ministers and the Department of Finance and Personnel for Northern Ireland of the direction, who must lay a copy before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly respectively.

(9)Where the Scottish Ministers give a direction under this section—

(a)they must lay a copy before the Scottish Parliament, and

(b)the Minister for the Cabinet Office must lay a copy before Parliament.

(10)Where the Welsh Ministers give a direction under this section—

(a)they must lay a copy before the National Assembly for Wales, and

(b)the Minister for the Cabinet Office must lay a copy before Parliament.

(11)Where the Department of Finance and Personnel for Northern Ireland gives a direction under this section—

(a)it must lay a copy before the Northern Ireland Assembly, and

(b)the Minister for the Cabinet Office must lay a copy before Parliament.

(12)If the Board fails to comply with any direction given to it under this section, the authority which gave the direction may give effect to it, and for that purpose may exercise any function of the Board.

(13)But the Scottish Ministers, the Welsh Ministers and the Department of Finance and Personnel for Northern Ireland may only give effect to a direction under subsection (12) with the consent of the Minister for the Cabinet Office.

Textual Amendments

Commencement Information

I29S. 29 in force at 1.4.2008 by S.I. 2008/839, art. 2

Organisation and administrationU.K.

30National Statistician: advisory functionsU.K.

(1)The National Statistician is to be the Board's principal adviser on—

(a)the quality of official statistics,

(b)good practice in relation to official statistics, and

(c)the comprehensiveness of official statistics.

(2)The Board must have regard to the advice of the National Statistician on those matters.

(3)If the Board rejects the advice of the National Statistician—

(a)in relation to the development and maintenance of definitions, methodologies, classifications and standards for official statistics, or

(b)as to the application to any statistics produced by the Board of any definition, methodology, classification or standard promoted by the Board under section 9,

the Board must publish a statement of its reasons for doing so.

(4)Where the Board publishes a statement under subsection (3), it must as soon as possible thereafter lay a copy before Parliament.

Commencement Information

I30S. 30 in force at 1.4.2008 by S.I. 2008/839, art. 2

31National Statistician: executive functionsU.K.

(1)The National Statistician is also to be the chief executive of the Board.

(2)The National Statistician may, subject as follows, exercise any of the functions of the Board (including functions of establishing committees under section 35 and delegating functions to such committees).

(3)The National Statistician may not exercise the functions of—

(a)determining under section 10 whether to adopt a code as the Code of Practice for Statistics or to revise the Code, or

(b)determining under section 12(1) or 14(1) whether any official statistics comply with the Code.

(4)The Board may direct the National Statistician—

(a)not to exercise a particular function, or

(b)as to how he should exercise a particular function.

(5)In the event of a vacancy in the office of National Statistician, his functions under this section and section 32 may be exercised by such one of the other executive members of the Board as the Board may direct.

Commencement Information

I31S. 31 in force at 1.4.2008 by S.I. 2008/839, art. 2

32Executive officeU.K.

(1)The National Statistician must establish an executive office of the Board to assist him in his exercise of—

(a)the function of the Board under section 9(1)(a) (development and maintenance of definitions, methodologies, classifications and standards for official statistics),

(b)the function of the Board under section 20 (production of statistics),

(c)the function of the Board under section 21 (retail prices index),

(d)the function of the Board under section 22 (statistical services), and

(e)any other function of the Board which he may exercise under section 31(2).

(2)The executive office is, subject to this Act, to consist of—

(a)the National Statistician (who is to be its head),

(b)the other executive members of the Board, and

(c)such other employees of the Board as the National Statistician may assign to it.

(3)For the purposes of subsection (1) the National Statistician may delegate any function of the Board referred to in that subsection to any other member of the executive office.

(4)The delegation of a function by the National Statistician under subsection (3) does not prevent him from exercising the function himself.

Commencement Information

I32S. 32 in force at 1.4.2008 by S.I. 2008/839, art. 2

33Head of AssessmentU.K.

(1)The Head of Assessment is to be the Board's principal adviser on the exercise of its functions under sections 12(1) and 14(1).

(2)The Board must have regard to the advice of the Head of Assessment in the exercise of those functions.

(3)The Head of Assessment—

(a)if an executive member of the Board, may not exercise functions of the National Statistician under section 31(5),

(b)may not be a member of the executive office of the Board under section 32(2)(b) or (c), and

(c)may not in any other way take part in the production of statistics by the Board.

Commencement Information

I33S. 33 in force at 1.4.2008 by S.I. 2008/839, art. 2

34Separation of functionsU.K.

(1)The National Statistician may not take part in any assessment or determination of the Board under section 12(1) or 14(1) in relation to statistics produced by the Board.

(2)The following may not take part in any assessment or determination of the Board under section 12(1) or 14(1)—

(a)an executive member of the Board, not being the National Statistician or Head of Assessment;

(b)a person assigned to the executive office of the Board under section 32(2)(c).

(3)The Board must seek to secure that, so far as practicable, employees who take part in the production of statistics should not be engaged in advising the Board on the exercise of its functions under sections 12(1) and 14(1) in relation to those statistics.

Commencement Information

I34S. 34 in force at 1.4.2008 by S.I. 2008/839, art. 2

35CommitteesU.K.

(1)The Board may establish committees for the purpose of—

(a)exercising functions of the Board, or

(b)giving advice to the Board.

(2)A committee of the Board established under subsection (1)(b) may include persons who are neither members nor employees of the Board.

(3)A committee established under this section may establish one or more sub-committees.

Commencement Information

I35S. 35 in force at 1.4.2008 by S.I. 2008/839, art. 2

36DelegationU.K.

(1)Subject as follows, the Board may delegate any of its functions (generally or specifically) to—

(a)a member of the Board,

(b)an employee of the Board not assigned to the executive office of the Board, or

(c)a committee established under section 35(1)(a).

(2)The Board may not under this section delegate the functions of—

(a)determining under section 10 whether to adopt or revise the Code of Practice for Statistics, or

(b)determining under section 12(1) or 14(1) whether any official statistics comply with the Code.

(3)Any committee of the Board established under section 35(1)(a) may delegate any function exercisable by it to any of its sub-committees.

(4)The delegation of a function by the Board or a committee of the Board under this section does not prevent the Board or committee from exercising the function.

Commencement Information

I36S. 36 in force at 1.4.2008 by S.I. 2008/839, art. 2

37Proceedings: supplementaryU.K.

(1)Subject to this Part, the Board may regulate—

(a)its own proceedings (including quorum);

(b)the proceedings (including quorum) of any of its committees.

(2)A committee of the Board may regulate the proceedings (including quorum) of any of its sub-committees.

(3)The validity of any proceedings of the Board, or of any of its committees or sub-committees, is not affected by—

(a)a vacancy, or

(b)a defective appointment.

Commencement Information

I37S. 37 in force at 1.4.2008 by S.I. 2008/839, art. 2

Use and disclosure of information by the BoardU.K.

38Use of information by the BoardU.K.

(1)Any information obtained by the Board in relation to the exercise of any of its functions may be used by it in relation to the exercise of any of its other functions.

(2)Subsection (1) does not apply to information obtained by the Board in relation to the exercise of its functions under sections 12(1) and 14(1).

(3)Subsection (1) does not apply to information obtained by the Board in relation to the exercise of its functions under section 22, unless the person from whom the Board receives the information consents to its use as specified in that subsection.

(4)Subsection (1) is subject to any enactment which restricts or prohibits the use or disclosure of information.

Commencement Information

I38S. 38 in force at 1.4.2008 by S.I. 2008/839, art. 2

39Confidentiality of personal informationU.K.

(1)Subject to this section, personal information held by the Board in relation to the exercise of any of its functions must not be disclosed by—

(a)any member or employee of the Board,

(b)a member of any committee of the Board, or

(c)any other person who has received it directly or indirectly from the Board.

(2)In this Part “personal information” means information which relates to and identifies a particular person (including a body corporate); but it does not include information about the internal administrative arrangements of the Board (whether relating to its members, employees or other persons).

(3)For the purposes of subsection (2) information identifies a particular person if the identity of that person—

(a)is specified in the information,

(b)can be deduced from the information, or

(c)can be deduced from the information taken together with any other published information.

(4)Subsection (1) does not apply to a disclosure which—

(a)is required or permitted by any enactment,

(b)is required by a [F2EU] obligation,

(c)is necessary for the purpose of enabling or assisting the Board to exercise any of its functions,

(d)has already lawfully been made available to the public,

(e)is made in pursuance of an order of a court,

(f)is made for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom),

F3(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)is made with the consent of the person to whom it relates, or

(i)is made to an approved researcher.

(5)For the purposes of subsection (4)(i), “approved researcher” means an individual to whom the Board has granted access, for the purposes of statistical research, to personal information held by it.

(6)The Board is from time to time to publish criteria by reference to which it will determine whether to grant access as specified in subsection (5).

(7)Those criteria must require the Board to consider—

(a)whether the individual is a fit and proper person, and

(b)the purpose for which access is requested.

(8)The Board may not grant access to an individual as specified in subsection (5) unless he has first signed a declaration, in such form as the Board may determine, that he understands the requirements of this section.

(9)A person who contravenes subsection (1) is guilty of an offence and liable—

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

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or both.

(10)Subsection (9) does not apply where the individual making the disclosure reasonably believes—

(a)in the case of information which is personal information by virtue of subsection (3)(a), that the identity of the person to whom it relates is not specified in the information,

(b)in the case of information which is personal information by virtue of subsection (3)(b), that the identity of that person cannot be deduced from the information, or

(c)in the case of information which is personal information by virtue of subsection (3)(c), that the identity of that person cannot be deduced from the information taken together with any other published information.

(11)In the application of this section —

(a)in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44),

(b)in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), or

(c)in Northern Ireland,

the reference in subsection (9)(b) to twelve months is to be read as a reference to three months.

40Freedom of informationU.K.

(1)Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)is held by a public authority who has received it directly or indirectly from the Board, and

(b)is not held by that authority on behalf of the Board.

(2)In subsection (1) “public authority” has the same meaning as in the Freedom of Information Act 2000.

(3)Section 26 of the Freedom of Information (Scotland) Act 2002 (asp 13) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal information which—

(a)is held by a Scottish public authority who has received it directly or indirectly from the Board, and

(b)is not held by that authority on behalf of the Board.

(4)In subsection (3) “Scottish public authority” has the same meaning as in the Freedom of Information (Scotland) Act 2002.

Commencement Information

I40S. 40 in force at 1.12.2007 by S.I. 2007/3388, art. 2(f)

41Disclosure of information to service providersU.K.

The Board may disclose any information obtained by it in connection with any function exercised by it to any person providing services to the Board, if the Board considers it necessary or appropriate to do so for the purpose of the provision of those services.

Commencement Information

I41S. 41 in force at 1.4.2008 by S.I. 2008/839, art. 2

Information sharingU.K.

42Information relating to births and deaths etcU.K.

(1)The Registrar General for England and Wales may, for the purpose of the exercise by the Board of any function, disclose to the Board any information to which this section applies.

(2)This section applies to—

(a)any information entered in any register kept under the Births and Deaths Registration Act 1953 (c. 20);

(b)any other information received by the Registrar General in relation to any birth or death;

(c)any information entered in the Adopted Children Register maintained by the Registrar General under section 77 of the Adoption and Children Act 2002 (c. 38);

(d)any information entered in any marriage register book kept under Part 4 of the Marriage Act 1949 (c. 76);

(e)any information relating to a civil partnership which is recorded under the Civil Partnership Act 2004 (c. 33) at the time of the formation of the civil partnership.

[F4(ea)any information recorded under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section on the conversion of a civil partnership into a marriage;]

[F5(f)any other information received by the Registrar General in relation to any marriage or civil partnership.]

(3)In subsection (2)(b) “birth” has the same meaning as in the Births and Deaths Registration Act 1953.

[F6(4)The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if—

(a)the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or

(b)the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service.

(4A)Those persons are—

(a)the Secretary of State,

(b)the Welsh Ministers,

(c)the National Health Service Commissioning Board,

(d)a clinical commissioning group,

(e)a local authority,

(f)a Local Health Board,

(g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,

(h)the National Institute for Health and Care Excellence,

(i)the Health and Social Care Information Centre,

(j)a Special Health Authority,

(k)the Care Quality Commission, and

(l)such other persons as the appropriate authority may specify in a direction given for the purposes of this section.

(4B)For the purposes of subsection (4A)(l), the appropriate authority is—

(a)in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and

(b)in any other case, the Secretary of State.]

(5)Any information disclosed under subsection (4) may be disclosed in such form as the Board considers appropriate for the purpose specified in that subsection.

[F7(5A)A direction under subsection (4A)(l) must be given by an instrument in writing.

(5B)Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

(5C)Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.]

(6)In subsection (4) “health service” has the same meaning as in the National Health Service Act 2006 (c. 41).

[F8(7)In subsection (4A)—

Textual Amendments

F6S. 42(4)-(4B) substituted for s. 42(4) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(2), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7S. 42(5A)-(5C) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(3), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8S. 42(7) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(4), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I42S. 42 in force at 1.4.2008 by S.I. 2008/839, art. 2

43Information relating to NHS registrationU.K.

(1)The Secretary of State or other public authority may, subject to this section, disclose patient registration information to the Board.

(2)In subsection (1) “patient registration information” means information about the persons who are or have been registered in any place in England or Wales as persons to whom primary medical services are or may be provided.

(3)That information includes in particular, in relation to any person who is or has been registered as such a person—

(a)their address and any previous address,

(b)their date of birth and sex,

(c)their patient identification number, and

(d)their history of registration as such a person (including reasons for any periods of non-registration or for any cancellation of registration).

(4)The information disclosed under this section may not include any information about the health or condition of, or the care or treatment provided to, any person.

(5)Information disclosed under this section may only be used by the Board for the production of population statistics.

(6)In the application of section 39 to the disclosure by a member, employee or committee member of the Board of information received by the Board under this section, paragraphs (c) and (i) of subsection (4) of that section only have effect if the disclosure is made with the consent of the Secretary of State.

(7)In subsection (2) “primary medical services” means services which are primary medical services for the purposes of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 (c. 42).

Commencement Information

I43S. 43 in force at 1.4.2008 by S.I. 2008/839, art. 2

44Information relating to NHS registration: WalesU.K.

(1)The Welsh Ministers may, subject to this section, disclose patient registration information to the Board.

(2)In subsection (1) “patient registration information” means information about the persons who are or have been registered in any place in Wales as persons to whom primary medical services are or may be provided.

(3)That information includes in particular, in relation to any person who is or has been registered as such a person—

(a)their address and any previous address,

(b)their date of birth and sex,

(c)their patient identification number, and

(d)their history of registration as such a person (including reasons for any periods of non-registration or for any cancellation of registration).

(4)Information disclosed under this section may not include any information about the health or condition of, or the care or treatment provided to, any person.

(5)Information disclosed under this section may only be used by the Board for the production of population statistics.

(6)In the application of section 39 to the disclosure by a member, employee or committee member of the Board of information received by the Board under this section, paragraphs (c) and (i) of subsection (4) of that section only have effect if the disclosure is made with the consent of the Welsh Ministers.

(7)In subsection (2) “primary medical services” means services which are primary medical services for the purposes of the National Health Service (Wales) Act 2006 (c. 42).

Commencement Information

I44S. 44 in force at 1.4.2008 by S.I. 2008/839, art. 2

45Information held by HMRCU.K.

(1)The Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs may, subject to this section, disclose to the Board any information held by the Revenue and Customs in connection with any function of the Revenue and Customs.

(2)Information may only be disclosed under subsection (1) if the Commissioners are satisfied that the Board requires it to enable it to exercise one or more of its functions F9....

[F10(2A)In determining whether the condition in subsection (2) is met the Commissioners must have regard to any views of the Board which have been communicated to them.]

(3)Information disclosed under subsection (1) may only be used by the Board for the purposes of any one or more of its functions F11....

[F12(3A)Information disclosed under subsection (1) may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the Commissioners.]

(4)Information disclosed under subsection (1) may not be disclosed by the Board to any person except with the consent of the Commissioners.

[F13(4A)In disclosing information under subsection (1), the Commissioners or an officer of Revenue and Customs must have regard to the following codes of practice issued by the Information Commissioner under [F14section 128 of the Data Protection Act 2018], so far as they apply to the information in question—

(a)any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;

(b)any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.

(4B)The duty in subsection (4A) to have regard to a code of practice does not affect any other requirement for the Commissioners or an officer of Revenue and Customs to have regard to a code of practice under [F15the Data Protection Act 2018] in disclosing the information.

(4C)In determining how to comply with the duty in subsection (4A) the Commissioners or the officer of Revenue and Customs must have regard to any views of the Board which are communicated to the Commissioners or the officer.]

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (1) the references to “the Revenue and Customs” are to either or both of—

(a)the Commissioners;

(b)officers of Revenue and Customs.

Textual Amendments

F9Words in s. 45(2) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 78(2), 118(4); S.I. 2017/765, reg. 2(t)

F11Words in s. 45(3) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 78(4), 118(4); S.I. 2017/765, reg. 2(t)

F16S. 45(5) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 78(7), 118(4); S.I. 2017/765, reg. 2(t)

Commencement Information

I45S. 45 in force at 1.4.2008 by S.I. 2008/839, art. 2

[F1745AInformation held by other public authoritiesU.K.

(1)A public authority to which this section applies may, subject to this section, disclose to the Board any information held by the authority in connection with its functions.

(2)This section applies to a public authority other than—

(a)the Commissioners for Her Majesty's Revenue and Customs, or

(b)an officer of Revenue and Customs.

(3)A public authority may disclose information under subsection (1) only if it is satisfied that the Board requires the information to enable it to exercise one or more of its functions.

(4)In determining whether the condition in subsection (3) is met the public authority must have regard to any views of the Board which have been communicated to the authority.

(5)Information disclosed under subsection (1) may only be used by the Board for the purposes of any one or more of its functions.

(6)Information disclosed under subsection (1) may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the public authority which disclosed the information.

(7)Where personal information is disclosed by a public authority to the Board under subsection (1), the Board may not disclose the information to an approved researcher under section 39(4)(i) except with the consent of the public authority.

(8)In disclosing information under subsection (1), a public authority must have regard to the following codes of practice issued by the Information Commissioner under [F18section 128 of the Data Protection Act 2018], so far as they apply to the information in question—

(a)any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;

(b)any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.

(9)The duty in subsection (8) to have regard to a code of practice does not affect any other requirement for the public authority to have regard to a code of practice under [F19the data protection legislation] in disclosing the information.

(10)In determining how to comply with the duty in subsection (8) the public authority must have regard to any views of the Board which are communicated to the authority.

(11)A disclosure under subsection (1) does not breach—

(a)any obligation of confidence owed by the public authority making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(12)But subsection (1) does not authorise the making of a disclosure which—

(a)contravenes [F20the data protection legislation],

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or

(c)contravenes directly applicable EU legislation [F21(which is not part of the data protection legislation)] or any enactment to the extent that it implements EU legislation.

(13)Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (12)(b) has effect as if it included a reference to that Part.

(14)This section does not limit the circumstances in which information may be disclosed apart from this section.]

Textual Amendments

F17S. 45A inserted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 79(2), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

F20Words in s. 45A(12)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 135(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[F2245BAccess to information held by Crown bodies etcU.K.

(1)This section applies to—

(a)a public authority which is an emanation of the Crown or a servant or agent of the Crown,

(b)the Bank of England (including in the exercise of its functions as the Prudential Regulation Authority),

(c)a subsidiary undertaking of the Bank of England within the meaning of the Companies Acts (see sections 1161 and 1162 of the Companies Act 2006),

(d)the Financial Conduct Authority, and

(e)the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

(2)Subject to this section and section 45E, the Board has a right of access to information which—

(a)is held by a public authority to which this section applies in connection with its functions, and

(b)is required by the Board to enable it to exercise one or more of its functions.

(3)Subsection (2) does not apply to information if the disclosure of that information—

(a)would contravene [F23the data protection legislation],

(b)would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or

(c)would contravene directly applicable EU legislation [F24(which is not part of the data protection legislation)] or any enactment to the extent that it implements EU legislation.

(4)Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (3)(b) has effect as if it included a reference to that Part.

(5)The right of access in subsection (2) is to be exercised in accordance with the following provisions of this section.

(6)The Board may, by notice in writing to the public authority, request the authority to disclose the information to the Board.

(7)A notice under subsection (6) must—

(a)set out the Board's reasons for requesting the information to be disclosed, and

(b)specify the date by which or the period within which the public authority must respond to the request.

(8)The public authority must, by that date or within that period, provide a response in writing to the Board which—

(a)indicates that it is willing to provide the information and gives the date by which it will be provided, or

(b)indicates that it is not willing to provide the information and gives reasons for not providing it.

(9)Subsection (10) applies if—

(a)the public authority fails to respond to the request in accordance with subsection (8),

(b)the public authority indicates that it is not willing to provide the information requested, or

(c)the public authority has indicated that it is willing to provide the information requested, but the Board considers that the public authority is failing to take reasonable steps to comply with that request.

(10)The Board may lay the request and any response by the public authority before the relevant legislature.

(11)In subsection (10) “the relevant legislature” means Parliament, subject as follows.

(12)The Scottish Parliament is the relevant legislature if the public authority—

(a)is a part of the Scottish Administration, or

(b)is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(13)The National Assembly for Wales is the relevant legislature if the public authority is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006.

(14)The Northern Ireland Assembly is the relevant legislature if—

(a)the public authority exercises functions only as regards Northern Ireland, and

(b)its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).

(15)This section does not apply to—

(a)Her Majesty in Her private capacity,

(b)Her Majesty in right of the Duchy of Lancaster, or

(c)the Duke of Cornwall.

(16)Until the coming into force of section 12 of the Bank of England and Financial Services Act 2016 subsection (1)(b) has effect as if the words in brackets were omitted.

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

F23Words in s. 45B(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 136(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

45CPower to require disclosures by other public authoritiesU.K.

(1)This section applies to a public authority to which section 45B does not apply (other than one within subsection (15) of that section).

(2)Subject to this section and section 45E, the Board may, by notice in writing to a public authority to which this section applies, require the authority to disclose to the Board information which—

(a)is held by the authority in connection with its functions, and

(b)is specified, or is of a kind specified, in the notice.

(3)A notice under subsection (2) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.

(4)A notice under subsection (2) other than one within subsection (3) must specify the date by which or the period within which the information must be disclosed.

(5)A notice under subsection (2) may specify the form or manner in which the information to which it relates must be disclosed.

(6)A notice under subsection (2) may require the public authority to consult the Board before making changes to—

(a)its processes for collecting, organising, storing or retrieving the information to which the notice relates, or

(b)its processes for supplying such information to the Board.

(7)The reference in subsection (6) to making changes to a process includes introducing or removing a process.

(8)The Board may give a notice under subsection (2) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.

(9)The Board must obtain the consent of the Scottish Ministers before giving a notice under subsection (2) to a public authority which is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(10)The Board must obtain the consent of the Welsh Ministers before giving a notice under subsection (2) to a public authority which is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006.

(11)The Board must obtain the consent of the Department of Finance in Northern Ireland before giving a notice under subsection (2) to a public authority if—

(a)the public authority exercises functions only as regards Northern Ireland, and

(b)its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).

(12)A public authority to which a notice under subsection (2) is given must comply with it.

(13)But the public authority need not comply with the notice if compliance—

(a)might prejudice national security,

(b)would contravene [F25the data protection legislation],

(c)would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or

(d)would contravene directly applicable EU legislation [F26(which is not part of the data protection legislation)] or any enactment to the extent that it implements EU legislation.

(14)Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (13)(c) has effect as if it included a reference to that Part.

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

F25Words in s. 45C(13)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 137(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

45DPower to require disclosure by undertakingsU.K.

(1)Subject to this section and section 45E, the Board may, by notice in writing to an undertaking, require the undertaking to disclose to the Board information which—

(a)is held by the undertaking, and

(b)is specified, or is of a kind specified, in the notice.

(2)A notice under subsection (1) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.

(3)A notice under subsection (1) other than one within subsection (2) must specify the date by which or the period within which the information must be disclosed.

(4)A notice under subsection (1) may specify the form or manner in which the information to which it relates must be disclosed.

(5)A notice under subsection (1) may require the undertaking to consult the Board before making changes to—

(a)its processes for collecting, organising, storing or retrieving the information to which the notice relates, or

(b)its processes for supplying such information to the Board.

(6)The reference in subsection (5) to making changes to a process includes introducing or removing a process.

(7)The Board may give a notice under subsection (1) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.

(8)An undertaking to which a notice under subsection (1) is given must comply with it.

(9)But the undertaking need not comply with the notice if compliance—

(a)might prejudice national security,

(b)would contravene [F27the data protection legislation], or

(c)would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(10)Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (9)(c) has effect as if it included a reference to that Part.

(11)Subject to subsection (13), in this section “undertaking” means—

(a)any person carrying on a trade or business, whether or not with a view to profit, or

(b)any charity.

(12)In subsection (11) “charity” means a body, or the trustees of a trust, established for charitable purposes only.

(13)The following are not undertakings for the purposes of this section—

(a)a public authority;

(b)a micro business;

(c)a small business.

(14)Section 33 of the Small Business, Enterprise and Employment Act 2015 (definitions of small and micro business) and regulations made under that section apply in relation to subsection (13) as they apply in relation to subordinate legislation within subsection (1) of that section.

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

F27Words in s. 45D(9)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 138 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

45EFurther provisions about powers in sections 45B, 45C and 45DU.K.

(1)Information disclosed under section 45B, 45C or 45D may only be used by the Board for the purposes of any one or more of its functions.

(2)Information disclosed under section 45B, 45C or 45D may not be used by the Board for the purposes of its function under section 22 (statistical services) except with the consent of the person who disclosed the information.

(3)Where personal information is disclosed under section 45B, 45C or 45D, the Board may not disclose the information to an approved researcher under section 39(4)(i) except with the consent of the person who disclosed the information.

(4)A disclosure pursuant to section 45B, 45C or 45D does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(5)The Board must prepare and publish a statement of—

(a)the principles to which it will have regard in exercising its functions under sections 45B, 45C and 45D, and

(b)the procedures which it will adopt in exercising those functions.

(6)The statement must be consistent with the code of practice [F28prepared under section 121 of the Data Protection Act 2018 (data-sharing code) and issued under section 125(4) of that Act] (as altered or replaced from time to time).

(7)The Board may at any time revise the statement and, if it decides to do so, must publish the statement as revised.

(8)In preparing or revising the statement the Board must consult—

(a)the Minister for the Cabinet Office,

(b)the Information Commissioner,

(c)the Scottish Ministers,

(d)the Welsh Ministers,

(e)the Department of Finance in Northern Ireland, and

(f)such other persons as the Board thinks fit.

(9)The fact that this section was not in force when consultation of the kind mentioned in subsection (8) took place is to be disregarded in determining whether there has been compliance with that subsection.

(10)The Board may not publish the original statement under this section unless a draft of the statement has been laid before, and approved by a resolution of, each House of Parliament.

(11)Before publishing a revised statement under this section the Board must lay a draft of the statement as proposed to be published before Parliament.

(12)The Board may not publish the revised statement if, within the 40-day period, either House of Parliament resolves not to approve it.

(13)In subsection (12) “the 40 day period” means—

(a)the period of 40 days beginning with the day on which the draft is laid before Parliament, or

(b)if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

(14)For the purposes of subsection (13) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(15)After preparing or revising a statement the Board must lay the statement, or the statement as revised, before—

(a)the Scottish Parliament,

(b)the National Assembly for Wales, and

(c)the Northern Ireland Assembly.

(16)In exercising any of its functions under section 45B, 45C or 45D to require the disclosure of information, the Board must have regard to any code of practice issued by the Information Commissioner under [F29 section 128 of the Data Protection Act 2018] which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information, so far as the code applies to the information in question.

(17)The duty in subsection (16) to have regard to a code of practice does not affect any other requirement for the Board to have regard to a code of practice under [F30the data protection legislation] in exercising the function.

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

45FOffences relating to notices under section 45C or 45DU.K.

(1)A person is guilty of an offence if—

(a)the person is given a notice under section 45C or 45D,

(b)the person is required to comply with the notice,

(c)the person fails to do so, and

(d)the person does not have a reasonable excuse for that failure.

(2)A person is guilty of an offence if, in purporting to comply with a notice under section 45C or 45D, the person—

(a)provides information which is false in a material respect, and

(b)knows that the information is false in that respect or is reckless as to whether it is false in that respect.

(3)A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction—

(a)in England and Wales, to a fine, and

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(4)If an offence under this section is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, is to be treated as having committed the offence.

(5)In subsection (4) a reference to an officer of a body includes a reference to—

(a)a director, manager or secretary,

(b)a person purporting to act as a director, manager or secretary, and

(c)if the affairs of the body are managed by its members, a member.

(6)Where an offence under this section is committed by a partnership (whether or not a limited partnership) subsection (4) has effect, but as if a reference to an officer of the body were a reference to—

(a)a partner, and

(b)a person purporting to act as a partner.

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

45GCode of practice on changes to data systemsU.K.

(1)The Board must prepare, adopt and publish a code of practice containing guidance on the matters to be taken into account by a public authority in making changes to—

(a)its processes for collecting, organising, storing or retrieving information, or

(b)its processes (if any) for supplying information to the Board.

(2)A public authority must have regard to any code of practice under this section in making such changes.

(3)The Board may at any time revise a code of practice under this section and, if it decides to do so, must publish the code as revised.

(4)In preparing or revising a code of practice under this section, the Board must consult—

(a)the Minister for the Cabinet Office,

(b)the Scottish Ministers,

(c)the Welsh Ministers,

(d)the Department of Finance in Northern Ireland, and

(e)such other persons as the Board thinks fit.

(5)The fact that this section was not in force when consultation of the kind mentioned in subsection (4) took place is to be disregarded in determining whether there has been compliance with that subsection.

(6)The Board may not publish the original code of practice under this section unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament

(7)Before publishing a revised code of practice under this section the Board must lay a draft of the code as proposed to be published before Parliament.

(8)The Board may not publish the revised code of practice if, within the 40-day period, either House of Parliament resolves not to approve it.

(9)In subsection (8) “the 40 day period” means—

(a)the period of 40 days beginning with the day on which the draft is laid before Parliament, or

(b)if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

(10)For the purposes of subsection (9) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(11)After preparing or revising a code of practice under this section the Board must lay the code, or the code as revised, before—

(a)the Scottish Parliament,

(b)the National Assembly for Wales, and

(c)the Northern Ireland Assembly.

(12)The reference in subsection (1) to making changes to a process includes introducing or removing a process.

(13)This section binds the Crown.

(14)The reference to the Crown in subsection (13) does not include—

(a)Her Majesty in Her private capacity,

(b)Her Majesty in right of the Duchy of Lancaster, or

(c)the Duke of Cornwall.]

Textual Amendments

F22Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

46Information sharing: supplementary amendmentsU.K.

Schedule 2 (which makes further provision relating to the disclosure of information to or by the Board) has effect.

Commencement Information

I46S. 46 in force at 1.4.2008 by S.I. 2008/839, art. 2

Information sharing: supplementary powersU.K.

F3147Power to authorise disclosure to the BoardU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3248Power to authorise disclosure to the Board: ScotlandU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3349Power to authorise disclosure to the Board: Northern IrelandU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50Power to authorise use of information by the BoardU.K.

(1)Subject to this section, the Minister for the Cabinet Office may make regulations for the purpose of authorising the Board to use information received from a public authority where the use would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise use to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(4)The Minister for the Cabinet Office may only make regulations under subsection (1) with the consent of—

(a)the Treasury, in a case where the regulations authorise the use of information received from the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(b)a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(5)The Minister for the Cabinet Office may only make regulations under subsection (1) authorising the use of any information if the Minister and the person consenting to the regulations are satisfied that—

(a)the Board needs to use the information to enable it to carry out the function or functions for which the use is authorised, and

(b)the use is in the public interest.

(6)Where the Minister for the Cabinet Office is the relevant Minister in relation to a public authority, subsection (4)(b) and the reference in subsection (5) to the person consenting to the regulations do not apply.

(7)For the purposes of subsection (6), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(8)The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (4)(a).

Commencement Information

I47S. 50 in force at 1.12.2007 by S.I. 2007/3388, art. 2(g)

51Power to authorise disclosure by the BoardU.K.

(1)Subject to this section, the Minister for the Cabinet Office may by regulations make provision for the purpose of authorising the Board to disclose information to a public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the public authority.

(3)A public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (7)(b) below).

(5)Regulations under subsection (1) may not authorise disclosure to—

(a)a Scottish public authority for the purpose of the exercise by the authority of statistical functions which relate to matters which are not reserved matters, or

(b)a Northern Ireland public authority.

(6)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(7)The consequential and supplementary provision referred to in subsection (6)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(8)Regulations may only be made under subsection (1) authorising disclosure to a public authority with the consent of—

(a)the Treasury, in a case where the regulations authorise disclosure to the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(b)a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(9)Regulations may only be made under subsection (1) authorising any disclosure to a public authority if the Minister and the person consenting to the regulations are satisfied that—

(a)the disclosure is required by the public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

(10)Subsection (8)(b) and the reference in subsection (9) to the person consenting to the regulations do not apply in relation to regulations authorising disclosure to a public authority where the Minister for the Cabinet Office is the relevant Minister in relation to the public authority.

(11)For the purposes of subsection (10), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(12)The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (8)(a).

Commencement Information

I48S. 51 in force at 1.12.2007 by S.I. 2007/3388, art. 2(g)

52Power to authorise disclosure by the Board: ScotlandU.K.

(1)Subject to this section, the Scottish Ministers may by regulations make provision for the purpose of authorising the Board to disclose information to a Scottish public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the Scottish public authority, so far as relating to matters which are not reserved matters.

(3)A Scottish public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a Scottish public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a Scottish public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a Scottish public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act, an Act passed before this Act or an Act of the Scottish Parliament passed before this Act.

(7)The Scottish Ministers may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Scottish public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

Commencement Information

I49S. 52 in force at 1.12.2007 by S.I. 2007/3388, art. 2(g)

53Power to authorise disclosure by the Board: Northern IrelandU.K.

(1)Subject to this section, a Northern Ireland department may by regulations make provision for the purpose of authorising the Board to disclose information to a Northern Ireland public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the Northern Ireland public authority.

(3)A Northern Ireland public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a Northern Ireland public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a Northern Ireland public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a Northern Ireland public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act, an Act passed before this Act or any Northern Ireland legislation passed or made before this Act.

(7)A Northern Ireland department may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)A Northern Ireland department may only make regulations under subsection (1) authorising any disclosure if the department and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Northern Ireland public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

Commencement Information

I50S. 53 in force at 1.12.2007 by S.I. 2007/3388, art. 2(g)

[F3453ADisclosure by the Board to devolved administrationsU.K.

(1)Subject to this section, the Board may disclose information held by the Board in connection with the exercise of any of its functions to a devolved authority.

(2)In this section “devolved authority” means—

(a)a person who is a part of the Scottish Administration,

(b)the Welsh Ministers,

(c)the Department of Finance in Northern Ireland, or

(d)the Registrar General for Northern Ireland.

(3)Information may only be disclosed under this section for the purposes of any or all of the statistical functions of a devolved authority.

(4)Information may only be disclosed under this section in response to a request in writing by a devolved authority which specifies—

(a)the information which is sought, and

(b)the purposes for which it is sought.

(5)A request under subsection (4) may request information to be disclosed on more than one date specified in the notice within a period specified in the notice.

(6)Information may be disclosed under this section only if—

(a)the Board is satisfied that the information is required for the purposes of the statistical functions of the devolved authority which are specified in the request,

(b)the Board is satisfied that the information will not be used for any other purpose, and

(c)if the information was obtained by the Board from a public authority, the authority consents to the disclosure.

(7)The Board may—

(a)disclose information under this section subject to conditions to be met by the devolved authority;

(b)from time to time modify conditions subject to which information has been disclosed;

(c)in the case of information which it is disclosing in response to a request to which subsection (5) applies, cease to disclose information in response to the request if any of the conditions are breached.

(8)A devolved authority may only use information disclosed under this section for the purposes for which it was disclosed.

(9)In disclosing information under subsection (1), the Board must have regard to the following codes of practice issued by the Information Commissioner under [F35section 128 of the Data Protection Act 2018], so far as they apply to the information in question—

(a)any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;

(b)any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.

(10)The duty in subsection (9) to have regard to a code of practice does not affect any other requirement for the Board to have regard to a code of practice under [F36the data protection legislation] in disclosing the information.

(11)In the application of section 39 to personal information which has been disclosed to a devolved authority under this section, paragraphs (c) and (i) of subsection (4) of that section do not apply.

(12)This section does not authorise the making of a disclosure which would—

(a)breach any obligation of confidence owed by the Board,

(b)contravene [F37the data protection legislation],

(c)be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or

(d)breach any other restriction on the disclosure of information (however imposed).

(13)Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (12)(c) has effect as if it included a reference to that Part.

(14)Nothing in this section affects the scope of the powers in sections 51 to 53.]

Textual Amendments

F34S. 53A inserted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 81, 118(4); S.I. 2017/765, reg. 2(v); S.I. 2018/382, reg. 3(mm)

F37Words in s. 53A(12)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 140(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

54F38... Human Rights Act 1998U.K.

In sections [F3950] to 53, references to an Act passed before this Act do not include—

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Human Rights Act 1998 (c. 42).

Textual Amendments

F38Words in s. 54 heading omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 141(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F39Word in s. 54 substituted by virtue of (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 79(4), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

ConsequentialU.K.

55Cessation of Office for National Statistics etcU.K.

The following shall cease to function on the commencement of this section—

(a)the Office for National Statistics;

(b)the Statistics Commission.

Commencement Information

I51S. 55 in force at 1.4.2008 by S.I. 2008/839, art. 2

56Transfers etc from ONS to the BoardU.K.

(1)Subject to subsection (6), on commencement of this section the property, rights and liabilities of the Office for National Statistics and of the National Statistician shall by virtue of this section vest in the Board.

(2)Subsection (1) shall operate in relation to property, rights and liabilities—

(a)whether or not they would otherwise be capable of being transferred,

(b)without any instrument or other formality being required, and

(c)irrespective of any requirement for consent that would otherwise apply.

(3)Anything done by, on behalf of or in relation to the Office for National Statistics or the National Statistician which has effect immediately before the commencement of this section shall continue to have effect as if done by, on behalf of or in relation to the Board.

(4)Anything (including legal proceedings) which immediately before commencement of this section is in the process of being done by, on behalf of or in relation to the Office for National Statistics or the National Statistician may be continued by, on behalf of or in relation to the Board.

(5)So far as is necessary or appropriate in consequence of the preceding provisions of this section, on and after commencement of this section a reference to the Office for National Statistics or the National Statistician in an agreement (whether written or not), instrument or other document shall be treated as a reference to the Board.

(6)The Minister for the Cabinet Office may make a scheme or schemes identifying property, rights and liabilities of the Office for National Statistics or the National Statistician (or both) which shall not vest in the Board on commencement of this section but shall vest in the Registrar General for England and Wales or a Minister of the Crown (including the Minister for the Cabinet Office).

(7)A scheme under subsection (6) shall have effect—

(a)in so far as it excludes anything from the operation of subsection (1), on commencement of this section, and

(b)in so far as it vests anything in the Registrar General or Minister of the Crown, on such date as may be specified in the scheme.

(8)A scheme under subsection (6) may operate in relation to property, rights and liabilities as specified in subsection (2)(a), (b) and (c).

(9)A scheme under subsection (6) may include consequential and incidental provision and may in particular—

(a)make provision for the continuing effect of things done by the Office for National Statistics or the National Statistician before commencement of this section;

(b)make provision for the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Office for National Statistics or the National Statistician immediately before commencement of this section;

(c)make provision for references to the Office for National Statistics or the National Statistician in an agreement (whether written or not), instrument or other document to be treated as references to the Registrar General or a Minister of the Crown;

(d)make provision for shared ownership, use or access.

(10)Where a scheme has been made under subsection (6), the Board and the Registrar General or the Minister of the Crown may agree in writing to modify the scheme (and any such modification shall have effect as from the date the original scheme came into effect).

(11)In this section “the National Statistician” means the National Statistician who holds office immediately before the commencement of section 1.

Commencement Information

I52S. 56 in force at 1.4.2008 by S.I. 2008/839, art. 2

57Transfers etc from Registrar General to the BoardU.K.

(1)On commencement of this section the property, rights and liabilities of the Registrar General for England and Wales held or incurred in relation to the functions transferred under section 25 (the “transferred functions”) shall by virtue of this section vest in the Board.

(2)Subsection (1) shall operate in relation to property, rights and liabilities—

(a)whether or not they would otherwise be capable of being transferred,

(b)without any instrument or other formality being required, and

(c)irrespective of any requirement for consent that would otherwise apply.

(3)Anything done by, on behalf of or in relation to the Registrar General in respect of the transferred functions which has effect immediately before commencement of this section shall continue to have effect as if done by, on behalf of or in relation to the Board.

(4)Anything (including legal proceedings) which immediately before commencement of this section is in the process of being done by, on behalf of or in relation to the Registrar General in respect of, or connected with, the transferred functions, may be continued by, on behalf of or in relation to the Board.

(5)So far as is necessary or appropriate in consequence of the preceding provisions of this section, on and after commencement of this section a reference to the Registrar General in an agreement (whether written or not), instrument or other document shall be treated as a reference to the Board.

Commencement Information

I53S. 57 in force at 1.4.2008 by S.I. 2008/839, art. 2

58Transfers etc from Ministers of the Crown to the BoardU.K.

(1)The Minister for the Cabinet Office may make a scheme or schemes transferring property, rights and liabilities from a Minister of the Crown to the Board and such transfer shall have effect in accordance with the terms of the scheme.

(2)A scheme under subsection (1) may operate in relation to property, rights and liabilities as specified in section 56(2)(a), (b) and (c).

(3)A scheme under subsection (1) may include consequential and incidental provision and may in particular—

(a)make provision for the continuing effect of things done by the Minister of the Crown in relation to anything transferred by the scheme;

(b)make provision for the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Minister of the Crown in relation to anything transferred by the scheme;

(c)make provision for references to the Minister of the Crown in an agreement (whether written or not), instrument or other document in relation to anything transferred by the scheme to be treated as references to the Board;

(d)make provision for shared ownership, use or access.

(4)Where a scheme has been made under subsection (1), the Minister of the Crown and the Board may agree in writing to modify the scheme (and any such modification shall have effect as from the date the original scheme came into effect).

Commencement Information

I54S. 58 in force at 1.4.2008 by S.I. 2008/839, art. 2

59Provision of services and facilities by the BoardU.K.

(1)The Board may provide services and facilities to—

(a)the Registrar General for England and Wales in order to enable him more efficiently to carry out his functions,

(b)the Boundary Commission for England in order to enable it more efficiently to carry out its functions, and

(c)the Secretary of State or another public authority in order to enable him or it more efficiently to carry out his or its functions relating to the registration in England or Wales of persons to whom primary medical services are or have been provided.

(2)The services and facilities referred to in subsection (1) include in particular the making available of premises, computer systems and administrative services.

(3)In subsection (1)(c) “primary medical services” means—

(a)in relation to registration in England, services which are primary medical services for the purposes of the National Health Service Act 2006 (c. 41), and

(b)in relation to registration in Wales, services which are primary medical services for the purposes of the National Health Service (Wales) Act 2006 (c. 42).

Commencement Information

I55S. 59 in force at 1.4.2008 by S.I. 2008/839, art. 2

60Consequential amendmentsU.K.

(1)Schedule 3 (which makes amendments consequential on the conferral on the Board of functions previously exercised by the Office for National Statistics) has effect.

(2)Section 57 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (which provides for a central register kept by the Registrar General for Scotland for health and local authority purposes) is amended as follows—

(a)in subsection (2), in paragraph (d), after “department” insert “ or an NHS body ”;

(b)after that subsection, insert—

(2A)In subsection (2)(d), “NHS body” has the same meaning as it has (apart from in Schedule 15) in the National Health Service Act 2006 (c. 41).

Commencement Information

I56S. 60 in force at 1.4.2008 by S.I. 2008/839, art. 2

MiscellaneousU.K.

61MoneyU.K.

(1)The expenditure of the Board is to be paid out of money provided by Parliament.

(2)Sums paid to the Board (other than under subsection (1)) are to be paid into the Consolidated Fund.

(3)The Board may with the approval of the Minister for the Cabinet Office make to or in respect of members of the Board, employees or committee members payments by way of, or in respect of, remuneration, pension, allowances or expenses.

Commencement Information

I57S. 61 in force at 1.4.2008 by S.I. 2008/839, art. 2

62EvidenceE+W+N.I.

(1)The application of the seal of the Board is to be authenticated by the signature of a person authorised for that purpose by the Board (generally or specifically).

(2)A document purporting to be duly executed under the seal of the Board or purporting to be signed on its behalf is to be received in evidence and taken, unless the contrary is proved, as so executed or signed.

Commencement Information

I58S. 62 in force at 1.4.2008 by S.I. 2008/839, art. 2

63Investigation by Parliamentary CommissionerU.K.

(1)The Parliamentary Commissioner Act 1967 (c. 13) is amended in accordance with subsections (2) and (3).

(2)In Schedule 2 (departments and authorities subject to investigation), at the appropriate place insert— “ Statistics Board ”.

(3)In the Notes to Schedule 2, after the paragraph relating to the Ministry of Defence insert—

Statistics Board

In the case of the Statistics Board, no investigation is to be conducted in relation to any action taken by or on behalf of the Board in the exercise of any of its functions where the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007).

(4)The Scottish Public Services Ombudsman Act 2002 (asp 11) is amended in accordance with subsections (5) and (6).

(5)In section 7 (matters which may be investigated: restrictions), after subsection (6A) insert—

(6B)The Ombudsman must not investigate action taken by or on behalf of the Statistics Board in the exercise of any of its functions unless the function is being exercised only in relation to Scottish devolved statistics (within the meaning of section 66 of the Statistics and Registration Service Act 2007).

(6)In schedule 2 (persons liable to investigation), after paragraph 91 (Security Industry Authority) insert—

91AThe Statistics Board.

Commencement Information

I59S. 63 in force at 1.4.2008 by S.I. 2008/839, art. 2

64House of Commons etc disqualificationU.K.

In each of—

(a)Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24), and

(b)Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25),

at the appropriate place insert “ The Statistics Board ”.

Commencement Information

I60S. 64 in force at 1.4.2008 by S.I. 2008/839, art. 2

GeneralU.K.

65Orders and regulationsU.K.

(1)Any power to make an order or regulations under this Part is exercisable—

(a)in the case of an order or regulations made by the Minister for the Cabinet Office or other Minister of the Crown, the Scottish Ministers or a Welsh ministerial authority, by statutory instrument, and

(b)in the case of an order or regulations made by a Northern Ireland department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).

(2)A Minister of the Crown may not make an order under section 6(1)(b) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(3)A statutory instrument containing an order made by a Minister of the Crown under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A statutory instrument containing an order made by the Minister for the Cabinet Office under section F41... 50(7) or 51(11) is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The Minister for the Cabinet Office may not make—

(a)an order under section 11, or

(b)regulations under section F42... 50 or 51,

unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.

(6)The Scottish Ministers may not make—

(a)an order under section 6(1)(b) or 11, or

(b)regulations under section F43... 52,

unless a draft of the instrument containing the order or regulations has been laid before, and approved by resolution of, the Scottish Parliament.

(7)The Welsh Ministers may not make an order under section 6(1)(b) or 11 unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

(8)A statutory instrument containing an order made by a Welsh ministerial authority under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(9)A statutory rule containing—

(a)an order made by a Northern Ireland department under section 6(1)(b),

(b)an order made by the Department of Finance and Personnel for Northern Ireland under section 11, or

(c)regulations made by a Northern Ireland department under section F44... 53,

is subject to affirmative resolution, within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)).

(10)A statutory rule containing an order made by a Northern Ireland department under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(11)In this section, “relevant legislation” means—

(a)an Act of Parliament;

(b)an Act of the Scottish Parliament;

(c)Northern Ireland legislation;

(d)a Measure or Act of the National Assembly for Wales.

Textual Amendments

F41Words in s. 65(4) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(a), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

F42Word in s. 65(5)(b) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(b), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

F43Words in s. 65(6)(b) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(c), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

F44Words in s. 65(9)(c) omitted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by virtue of Digital Economy Act 2017 (c. 30), ss. 79(5)(d), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

Commencement Information

I61S. 65 in force at 1.12.2007 by S.I. 2007/3388, art. 2(h)

66Devolved statisticsU.K.

(1)In this Part “Scottish devolved statistics” means—

(a)statistics which relate to matters in Scotland which are not reserved matters, unless the statistics are produced by a person acting on behalf of the Crown or a public authority in the exercise of functions in relation to a reserved matter,

(b)statistics which relate to matters in Scotland which are reserved matters, where the statistics are produced by a person acting on behalf of the Crown or a public authority in the exercise of functions in relation to a matter which is not a reserved matter, and

(c)statistics produced by the Scottish Ministers in the exercise of a function which is exercisable by them pursuant to an Order made under section 63(1)(a) of the Scotland Act 1998 (c. 46).

(2)But statistics are not Scottish devolved statistics by virtue of subsection (1)(a) or (b) if they are produced by—

(a)an authority which is a cross-border public authority within the meaning of the Scotland Act 1998, or

(b)an authority which is treated as a cross-border public authority for the purposes of sections 23(2)(b) and 70(6) of that Act,

and do not relate wholly to Scotland.

[F45(3)In this Part “Welsh devolved statistics” means statistics which relate to the exercise of functions by a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006), other than statistics produced by a person acting on behalf of—

(a)the Crown, or

(b)a public authority,

in the exercise of functions that could not be conferred by provision falling within the legislative competence of the National Assembly for Wales (see section 108A of that Act).]

(4)In this Part “Northern Ireland devolved statistics” means—

(a)statistics which relate to matters in Northern Ireland which are transferred matters, unless the statistics are produced by a person acting on behalf of the Crown or a public authority in the exercise of functions in relation to a matter which is not a transferred matter, and

(b)statistics which relate to matters in Northern Ireland which are not transferred matters, where the statistics are produced by a person acting on behalf of the Crown or a public authority in the exercise of functions in relation to matter which is a transferred matter.

Textual Amendments

Commencement Information

I62S. 66 in force at 1.12.2007 by S.I. 2007/3388, art. 2(h)

67General interpretationU.K.

In this Part—

Textual Amendments

F47Words in s. 67 substituted (31.7.2017 for E.W.S., 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 79(6), 118(4); S.I. 2017/765, reg. 2(u); S.I. 2018/382, reg. 3(kk)

Commencement Information

I63S. 67 in force at 1.12.2007 by S.I. 2007/3388, art. 2(h)

Part 2 E+WRegistration service

68Establishment of Registrar General as corporation soleE+W

(1)Section 1 of the Registration Service Act 1953 (c. 37) is amended as follows—

(a)renumber the existing provision as subsection (1);

(b)after that subsection insert—

(2)The Registrar General is a corporation sole by the name of the Registrar General for England and Wales.

(3)The Registrar General may do anything (including acquire or dispose of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of his functions.

(4)The Registrar General discharges his functions on behalf of the Crown.

(5)Service as Registrar General is not service in the civil service of the Crown; but the Registrar General is a Crown servant for the purposes of the Official Secrets Act 1989.

(2)Subject to section 57, the property, rights and liabilities of the Registrar General on the commencement of this section shall at that time become the property, rights and liabilities of the Registrar General as a corporation sole.

Commencement Information

I64S. 68 in force at 1.4.2008 by S.I. 2008/839, art. 2

69Employment status of officialsE+W

(1)On commencement of this section, every person who immediately before commencement of this section holds a relevant office becomes an employee of the relevant local authority.

(2)The relevant offices are—

(a)superintendent registrar of births, deaths and marriages appointed under section 6 of the Registration Service Act 1953;

(b)registrar of births and deaths appointed under that section;

(c)deputy superintendent registrar of births, deaths and marriages appointed under section 8 of that Act;

(d)deputy registrar of births and deaths appointed under that section.

(3)The terms and conditions of appointment of the holder of a relevant office have effect from commencement of this section (subject to any necessary modifications) as the terms and conditions of his employment with the relevant local authority.

(4)On commencement of this section any liabilities incurred by the holder of a relevant office in connection with the exercise of his functions are transferred to the relevant local authority.

(5)Any period which ends immediately before commencement of this section during which a person was continuously—

(a)the holder of a relevant office (whether in respect of the same or different relevant offices), or

(b)the holder of a relevant office (whether in respect of the same or different relevant offices) or an employee of a local authority,

must be treated as a period of continuous employment with the relevant local authority.

(6)If, immediately before commencement of this section, the holder of a relevant office was a member of a pension scheme established in pursuance of regulations under sections 7 and 12 of the Superannuation Act 1972 (c. 11), he continues to be a member of the scheme by virtue of his becoming an employee of the relevant local authority.

(7)For the purposes of this section, the “relevant local authority” is—

(a)in relation to the holder of a relevant office falling within subsection (2)(a) or (b), the local authority by which he was appointed;

(b)in relation to the holder of a relevant office falling within subsection (2)(c) or (d), the local authority which appointed the superintendent registrar of births, deaths and marriages or registrar of births and deaths by whom he was appointed.

(8)For the purposes of this section, each of the following is a local authority—

(a)a county council in England;

(b)a district council in England for an area without a county council;

(c)a London borough council;

(d)the Common Council of the City of London;

(e)the Council of the Isles of Scilly;

(f)a county or county borough council in Wales.

Commencement Information

I65S. 69 in force at 1.12.2007 by S.I. 2007/3388, art. 2(i)

70Superintendent registrars and registrarsE+W

(1)The Registration Service Act 1953 (c. 37) is amended as follows.

(2)In section 6 (superintendent registrars and registrars of births and deaths)—

(a)in subsection (1), omit the proviso;

(b)in subsection (3)—

(i)for “a salaried officer paid by” substitute “ an officer of ”;

(ii)omit the words from “and shall” to the end;

(c)omit subsection (4).

(3)In section 13(2)(f) (local schemes of organisation), omit the words from “so, however” to the end.

(4)In section 15(1) (delivery of documents on ceasing to hold office), omit the words from “or, if there is no successor,” to the end.

Commencement Information

I66S. 70 in force at 1.12.2007 by S.I. 2007/3388, art. 2(i)

71Deputy superintendent registrars and registrarsE+W

For section 8 of the Registration Service Act 1953 (deputy superintendent registrars and registrars) substitute—

8Deputy superintendent registrars and registrars

(1)Subject to the provisions of the local scheme, a council which employs a superintendent registrar or a registrar of births and deaths may appoint one or more fit persons to act as his deputy.

(2)Any person appointed as a deputy under subsection (1) shall have all the powers and duties of a superintendent registrar or a registrar of births and deaths, as the case may be.

Commencement Information

I67S. 71 in force at 1.12.2007 by S.I. 2007/3388, art. 2(i)

72Additional registrars of marriagesE+W

In the Registration Service Act 1953 (c. 37) omit section 7 (additional registrars of marriages).

Commencement Information

I68S. 72 in force at 1.12.2007 by S.I. 2007/3388, art. 2(i)

Part 3 U.K.General

73RepealsU.K.

The enactments specified in Schedule 4 are repealed to the extent shown.

Commencement Information

I69S. 73 in force at 1.4.2008 by S.I. 2008/839, art. 2

74CommencementU.K.

(1)The preceding provisions of this Act shall come into such force in accordance with provision made by order made by statutory instrument by the Minister for the Cabinet Office.

(2)An order under this section may—

(a)make different provision for different purposes;

(b)include supplementary, consequential and transitional provision and savings.

75ExtentU.K.

(1)This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

(2)Section 62 does not extend to Scotland.

(3)Part 2 does not extend to Scotland or Northern Ireland (subject to subsection (4)).

(4)An amendment or repeal effected by this Act has the same extent as the enactment to which it relates.

76Short titleU.K.

This Act may be cited as the Statistics and Registration Service Act 2007.

SCHEDULES

Section 25(3)

SCHEDULE 1U.K.Transfer of functions from Registrar General: amendments

Census Act 1920 (c. 41)U.K.

1The Census Act 1920 is amended as follows.

Commencement Information

I70Sch. 1 para. 1 in force at 1.4.2008 by S.I. 2008/839, art. 2

2(1)Section 2 is amended as follows.U.K.

(2)In subsection (1), for “the Registrar-General” substitute “ the Statistics Board in relation to England and Wales and the Registrar General for Scotland in relation to Scotland ”.

(3)For subsection (2) substitute—

(2)The Statistics Board in the exercise of its powers and in the performance of its duties under this Act or under any Order in Council or regulations made thereunder shall be subject to the control of, and comply with any directions given by, the Minister for the Cabinet Office.

(2A)The Registrar General for Scotland in the exercise of his powers and in the performance of his duties under this Act or under any Order in Council or regulations made thereunder shall be subject to the control of, and comply with any directions given by, the Scottish Ministers.

(4)Omit subsection (3).

Commencement Information

I71Sch. 1 para. 2 in force at 1.4.2008 by S.I. 2008/839, art. 2

3(1)Section 3 is amended as follows.U.K.

(2)In subsection (1), for “the Chancellor of the Exchequer” substitute “ the Minister for the Cabinet Office in relation to England, the Welsh Ministers in relation to Wales and the Scottish Ministers in relation to Scotland ”.

(3)In that subsection, in paragraph (c), for “superintendent registrar or registrar” substitute “ employee of the Statistics Board (in relation to England and Wales) or any registrar (in relation to Scotland) ”.

(4)After that subsection insert—

(1A)The Minister for the Cabinet Office and the Welsh Ministers respectively must consult the Statistics Board before making regulations under subsection (1).

Commencement Information

I72Sch. 1 para. 3 in force at 1.4.2008 by S.I. 2008/839, art. 2

4(1)Section 4 is amended as follows.U.K.

(2)In subsection (1), for “The Registrar-General” substitute “ The Statistics Board and the Registrar General for Scotland respectively ”.

(3)In subsection (2)—

(a)for “The Registrar-General” substitute “ The Statistics Board or Registrar General for Scotland ”;

(b)for “he” substitute “ it or he ”;

(c)for “him” substitute “ it or him ”;

(d)for “his” substitute “ its or his ”.

Commencement Information

I73Sch. 1 para. 4 in force at 1.4.2008 by S.I. 2008/839, art. 2

5(1)Section 5 is amended as follows.U.K.

(2)Renumber the existing provision as subsection (1).

(3)In that subsection—

(a)for “the Registrar-General”, in the first place, substitute “ the Statistics Board in relation to England and Wales and the Registrar General for Scotland in relation to Scotland ”;

(b)for “the Registrar-General”, in the second place, substitute “ the Board or Registrar General for Scotland ”.

(4)After that subsection insert—

(2)The Statistics Board must obtain the consent of the Registrar General for England and Wales before making arrangements under subsection (1) with any local authority for the purpose of acquiring—

(a)any information entered in any register kept under the Births and Deaths Registration Act 1953;

(b)any information entered in any marriage register book kept under Part 4 of the Marriage Act 1949;

(c)any information entered in records kept under the Civil Partnership Act 2004;

(d)any information not falling within paragraphs (a) to (c) which is recorded by any superintendent registrar or registrar in relation to any birth, death or marriage;

(e)any information not falling within paragraphs (a) to (c) which is recorded by a registrar or authorised person (within the meaning of section 8 of the Civil Partnership Act 2004) in relation to a civil partnership.

Commencement Information

I74Sch. 1 para. 5 in force at 1.4.2008 by S.I. 2008/839, art. 2

6In section 6, in subsection (1)—

(a)for “the Chancellor of the Exchequer”, in the first place, substitute “ the Minister for the Cabinet Office (in relation to England and Wales) or the Scottish Ministers (in relation to Scotland) ”;

(b)for “the Chancellor of the Exchequer”, in the second place, substitute “ the Minister for the Cabinet Office or the Scottish Ministers ”;

(c)after “he thinks fit” insert “ or they think fit ”.

Commencement Information

I75Sch. 1 para. 6 in force at 1.4.2008 by S.I. 2008/839, art. 2

7In section 9, omit subsections (1) and (4).

Commencement Information

I76Sch. 1 para. 7 in force at 1.4.2008 by S.I. 2008/839, art. 2

Population (Statistics) Act 1938 (c. 12)U.K.

8In the Population (Statistics) Act 1938, in section 4(2)(b)—

(a)after “by the” insert “ Statistics Board or ”;

(b)for “his” substitute “ its or his ”.

Commencement Information

I77Sch. 1 para. 8 in force at 1.4.2008 by S.I. 2008/839, art. 2

Registration Service Act 1953 (c. 37)U.K.

9In the Registration Service Act 1953, in section 19—

(a)for “Registrar General”substitute “ Statistics Board ”;

(b)for “the Minister”, in all three places, substitute “ the Minister for the Cabinet Office ”.

Commencement Information

I78Sch. 1 para. 9 in force at 1.4.2008 by S.I. 2008/839, art. 2

Parliamentary Constituencies Act 1986 (c. 56)U.K.

10In the Parliamentary Constituencies Act 1986, in Schedule 1, in paragraph 5(a) and (c), for “the Registrar General for England and Wales” substitute “ the Statistics Board ”.

Commencement Information

I79Sch. 1 para. 10 in force at 1.4.2008 by S.I. 2008/839, art. 2

Political Parties, Elections and Referendums Act 2000 (c. 41)U.K.

11In the Political Parties, Elections and Referendums Act 2000, in section 14(6)(a), for “the Registrar General for England and Wales” substitute “ the Statistics Board ”.

Commencement Information

I80Sch. 1 para. 11 in force at 1.4.2008 by S.I. 2008/839, art. 2

Section 46

SCHEDULE 2U.K.Information sharing: supplementary amendments

Census Act 1920 (c. 41)U.K.

1(1)Section 8 of the Census Act 1920 (penalties) is amended as follows.U.K.

(2)In subsection (2)—

(a)for “Registrar General for England and Wales or the Registrar General for Scotland (“the Registrars”)” substitute “ Registrar General for Scotland ”;

(b)in paragraph (a) for “the control of either of the Registrars” substitute “ his control ”;

(c)in paragraph (b) for “either of them” substitute “ him ”.

(3)In subsection (6)—

(a)in paragraph (a) for “a Registrar” substitute “ the Registrar General for Scotland ”;

(b)in paragraph (b) for “one of the Registrars” substitute “ the Registrar General for Scotland ”;

(c)in paragraph (c) for “a Registrar” substitute “ the Registrar General for Scotland ”.

(4)In subsection (7) in the definition of “designated office” for “a Registrar”substitute “ the Registrar General for Scotland ”.

Commencement Information

I81Sch. 2 para. 1 in force at 1.4.2008 by S.I. 2008/839, art. 2

Population (Statistics) Act 1938 (c. 12)U.K.

2In section 4(2) of the Population (Statistics) Act 1938 (restriction on disclosure), at the beginning insert “ Subject to any other enactment ”.

Commencement Information

I82Sch. 2 para. 2 in force at 1.4.2008 by S.I. 2008/839, art. 2

Finance Act 1969 (c. 32)U.K.

3(1)Section 58 of the Finance Act 1969 (disclosure for statistical purposes of information relating to employment and VAT) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “or Office” substitute “ or Board ”.

(3)In subsection (2)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Statistics Board ”.

(4)In subsection (4)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (a), for “or Office” substitute “ or Board ”.

(5)In subsection (7), for “Office for National Statistics” substitute “ Statistics Board ”.

Commencement Information

I83Sch. 2 para. 3 in force at 1.4.2008 by S.I. 2008/839, art. 2

Agricultural Statistics Act 1979 (c. 13)U.K.

4In section 3 of the Agricultural Statistics Act 1979 (disclosure of information relating to agricultural statistics etc.), in subsection (2), after paragraph (g) insert—

(h)to the Statistics Board for purposes connected with the carrying out of any of its functions, or by the Board to an approved researcher (within the meaning of section 39(4)(i) of the Statistics and Registration Service Act 2007),.

Commencement Information

I84Sch. 2 para. 4 in force at 1.4.2008 by S.I. 2008/839, art. 2

Social Security Administration Act 1992 (c. 5)U.K.

5In section 122AA of the Social Security Administration Act 1992 (disclosure of information relating to contributions etc), in subsection (2)(c), for “Office for National Statistics” substitute “ Statistics Board ”.

Commencement Information

I85Sch. 2 para. 5 in force at 1.4.2008 by S.I. 2008/839, art. 2

Value Added Tax Act 1994 (c. 23)U.K.

6(1)Section 91 of the Value Added Tax Act 1994 (disclosure for statistical purposes of information relating to VAT) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “or Office”, in both places, substitute “ or Board ”.

(3)In subsections (2) and (5), for “Office for National Statistics” substitute “ Statistics Board ”.

Commencement Information

I86Sch. 2 para. 6 in force at 1.4.2008 by S.I. 2008/839, art. 2

Bank of England Act 1998 (c. 11)U.K.

7In Schedule 7 to the Bank of England Act 1998 (disclosure of information), in the table in paragraph 3, for “The Office for National Statistics” substitute “ The Chancellor of the Exchequer (or any person to whom any functions of the Chancellor of the Exchequer under the Statistics of Trade Act 1947 are delegated) ”.

Commencement Information

I87Sch. 2 para. 7 in force at 1.4.2008 by S.I. 2008/839, art. 2

Section 60(1)

SCHEDULE 3U.K.Replacement of ONS by the Board: consequential

Local Government Act 1972 (c. 70)U.K.

1In Schedule 12B to the Local Government Act 1972, in paragraph 3—

(a)in sub-paragraph (6), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in sub-paragraph (7), for “that Office” substitute “ the Board ”.

Commencement Information

I88Sch. 3 para. 1 in force at 1.4.2008 by S.I. 2008/839, art. 2

Mobile Homes Act 1983 (c. 34)U.K.

2In Schedule 1 to the Mobile Homes Act 1983, in paragraph 29, in the definition of “retail prices index”—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Board ”.

Commencement Information

I89Sch. 3 para. 2 in force at 1.4.2008 by S.I. 2008/839, art. 2

Inheritance Tax Act 1984 (c. 51)U.K.

3In section 8 of the Inheritance Tax Act 1984, in subsection (3)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Board ”.

Commencement Information

I90Sch. 3 para. 3 in force at 1.4.2008 by S.I. 2008/839, art. 2

Dartford-Thurrock Crossing Act 1988 (c. 20)U.K.

4In section 17 of the Dartford-Thurrock Crossing Act 1988, in subsection (12)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Board ”.

Commencement Information

I91Sch. 3 para. 4 in force at 1.4.2008 by S.I. 2008/839, art. 2

Local Government Finance Act 1988 (c. 41)U.K.

5In Schedule 7 to the Local Government Finance Act 1988, in paragraph 5(8)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Board ”.

Commencement Information

I92Sch. 3 para. 5 in force at 1.4.2008 by S.I. 2008/839, art. 2

Broadcasting Act 1990 (c. 42)U.K.

6(1)The Broadcasting Act 1990 is amended as follows.U.K.

(2)In section 19, in subsection (10), for “Office for National Statistics” substitute “ Statistics Board ”.

(3)In section 102, in subsection (10), for “Office for National Statistics” substitute “ Statistics Board ”.

Commencement Information

I93Sch. 3 para. 6 in force at 1.4.2008 by S.I. 2008/839, art. 2

Ports Act 1991 (c. 52)U.K.

7In section 11 of the Ports Act 1991, in subsection (9)—

(a)for “Office for National Statistics” substitute “ Statistics Board ”;

(b)for “that Office” substitute “ the Board ”.

Commencement Information

I94Sch. 3 para. 7 in force at 1.4.2008 by S.I. 2008/839, art. 2

Judicial Pensions and Retirement Act 1993 (c. 8)U.K.

8In section 3 of the Judicial Pensions and Retirement Act 1993, in subsection (6), in the definition of “retail prices index”—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I95Sch. 3 para. 8 in force at 1.4.2008 by S.I. 2008/839, art. 2

Pension Schemes Act 1993 (c. 48)U.K.

9In section 84 of the Pension Schemes Act 1993, in subsection (6)—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I96Sch. 3 para. 9 in force at 1.4.2008 by S.I. 2008/839, art. 2

Bank of England Act 1998 (c. 11)U.K.

10In section 17 of the Bank of England Act 1998, in subsection (6)(b), for “Office for National Statistics” substitute “ Statistics Board ”.

Commencement Information

I97Sch. 3 para. 10 in force at 1.4.2008 by S.I. 2008/839, art. 2

Employment Relations Act 1999 (c. 26)U.K.

11In section 34 of the Employment Relations Act 1999, in subsection (5)—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I98Sch. 3 para. 11 in force at 1.4.2008 by S.I. 2008/839, art. 2

Transport (Scotland) Act 2001 (asp 2)U.K.

12In section 53 of the Transport (Scotland) Act 2001, in subsection (8)—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I99Sch. 3 para. 12 in force at 1.4.2008 by S.I. 2008/839, art. 2

Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)U.K.

13In section 1 of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001, in subsection (5), in the definition of “the retail prices index”—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I100Sch. 3 para. 13 in force at 1.4.2008 by S.I. 2008/839, art. 2

Regional Assemblies (Preparations) Act 2003 (c. 10)U.K.

F4914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I101Sch. 3 para. 14 in force at 1.4.2008 by S.I. 2008/839, art. 2

Pensions Act 2004 (c. 35)U.K.

15In Schedule 7 to the Pensions Act 2004, in paragraph 37(1), in the definition of “retail prices index”—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I102Sch. 3 para. 15 in force at 1.4.2008 by S.I. 2008/839, art. 2

Income Tax Act 2007 (c. 3)U.K.

16In section 989 of the Income Tax Act 2007 (definitions), in the definition of “retail prices index”—

(a)in paragraph (a), for “Office for National Statistics” substitute “ Statistics Board ”;

(b)in paragraph (b), for “that Office” substitute “ the Board ”.

Commencement Information

I103Sch. 3 para. 16 in force at 1.4.2008 by S.I. 2008/839, art. 2

Section 73

SCHEDULE 4U.K.Repeals

Part 1 U.K.Repeals relating to Part 1

Commencement Information

I104Sch. 4 Pt. 1 in force at 1.4.2008 by S.I. 2008/839, art. 2

Short title and chapterExtent of repeal
Census Act 1920 (c. 41)

Section 2(3).

Section 9(1) and (4).

Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the entries relating to the Office for National Statistics and the Statistics Commission.
Freedom of Information Act 2000 (c. 36)In Schedule 1, in Part 6, the entry relating to the Statistics Commission.

Part 2 U.K.Repeals relating to Part 2

Commencement Information

I105Sch. 4 Pt. 2 in force at 1.4.2008 by S.I. 2008/839, art. 2

Short title and chapterExtent of repeal
Registration Service Act 1953 (c. 37)

In section 6—

(a)

in subsection (1), the proviso;

(b)

in subsection (3), the words from “and shall” to the end;

(c)

subsection (4).

Section 7.

In section 13(2)(f), the words from “so, however” to the end.

In section 15(1), the words from “or, if there is no successor,” to the end.