Statistics and Registration Service Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Statistics and Registration Service Bill

Statistics and Registration Service Bill
Part 1 — The Statistics Board
12

Organisation and administration
28
National Statistician: advisory functions
(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
5
(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,
10
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.
15
(4)
Where the Board publishes a statement under subsection (3), it must as soon as
possible thereafter lay a copy before Parliament.
29
National Statistician: executive functions
(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
20
of the Board (including functions of establishing committees under section 32
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 National Statistics or to revise the Code, or
25
(b)
determining under section 12(1) or 13(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.
30
(5)
The National Statistician must establish an executive office of the Board.
(6)
The executive office is to consist of—
(a)
the National Statistician (who is to be its head),
(b)
the other executive members of the Board (subject as follows), and
(c)
such other employees of the Board as the National Statistician may
35
assign to it.
(7)
The National Statistician may delegate any function which he may exercise
under subsection (2) to any other member of the executive office.
(8)
The delegation of a function by the National Statistician under subsection (7)
does not prevent him from exercising the function himself.
40

Statistics and Registration Service Bill
Part 1 — The Statistics Board
13

(9)
In the event of a vacancy in the office of National Statistician, his functions
under this section may be exercised by such one of the other executive
members of the Board as the Board may direct.
(10)
If the Head of Assessment is an executive member of the Board—
(a)
he is not under subsection (6)(b) to be a member of the executive office,
5
and
(b)
he may not exercise functions of the National Statistician under
subsection (9).
30
Head of Assessment
(1)
The Head of Assessment is to be the Board’s principal adviser on the exercise
10
of its functions under sections 12(1) and 13(1).
(2)
The Board must have regard to the advice of the Head of Assessment in the
exercise of those functions.
31
Separation of functions
(1)
The National Statistician may not take part in any assessment or determination
15
of the Board under section 12(1) or 13(1) in relation to statistics produced by the
Board.
(2)
An executive member of the Board, not being the National Statistician or the
Head of Assessment, may not take part in any assessment or determination of
the Board under section 12(1) or 13(1).
20
(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 13(1) in relation to
those statistics.
(4)
The Head of Assessment (whether or not he is an executive member of the
25
Board) may not take part in the production of statistics by the Board.
32
Committees
(1)
The Board may establish committees for the purpose of—
(a)
exercising functions of the Board, or
(b)
giving advice to the Board.
30
(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.
33
Delegation
35
(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
40
(c)
a committee established under section 32(1)(a).

Statistics and Registration Service Bill
Part 1 — The Statistics Board
14

(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 National Statistics, or
(b)
determining under section 12(1) or 13(1) whether any official statistics
comply with the Code.
5
(3)
Any committee of the Board established under section 32(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.
10
34
Proceedings: supplementary
(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
15
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.
20
Use and disclosure of information by the Board
35
Use of information by the Board
(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.
25
(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 13(1).
(3)
Subsection (1) does not apply to information obtained by the Board in relation
to the exercise of its functions under section 20, unless the person from whom
the Board receives the information consents to its use as specified in that
30
subsection.
(4)
Subsection (1) is subject to any enactment which restricts or prohibits the use
or disclosure of information.
36
Confidentiality of personal information
(1)
Subject to this section, personal information held by the Board in relation to the
35
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.
40

Statistics and Registration Service Bill
Part 1 — The Statistics Board
15

(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
5
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.
10
(4)
Subsection (1) does not apply to a disclosure which—
(a)
is required or permitted by any enactment,
(b)
is required by a Community obligation,
(c)
is necessary for the purpose of enabling or assisting the Board to
exercise any of its functions,
15
(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),
(g)
is made with the consent of the person to whom it relates, or
20
(h)
is made to an approved researcher.
(5)
For the purposes of subsection (4)(h), “approved researcher” means an
individual to whom the Board has granted access to personal information held
by it for the purposes of statistical research.
(6)
The Board is from time to time to publish criteria by reference to which it will
25
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)
30
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;
35
(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—
40
(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
45
from the information, or

Statistics and Registration Service Bill
Part 1 — The Statistics Board
16

(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 —
5
(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 35(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2006, or
(c)
in Northern Ireland,
10

the reference in subsection (9)(b) to twelve months is to be read as a reference
to three months.
37
Freedom of information
(1)
Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on
disclosure) does not, by virtue of section 36 above, apply to personal
15
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 this section “public authority” has the same meaning as in the Freedom of
20
Information Act 2000.
38
Disclosure of information to service providers
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
25
provision of those services.
Information sharing
39
Information relating to births and deaths etc
(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
30
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
35
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
40
4 of the Marriage Act 1949 (c. 76);

Statistics and Registration Service Bill
Part 1 — The Statistics Board
17

(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.
(3)
In subsection (2)(b) “birth” has the same meaning as in the Births and Deaths
Registration Act 1953 (c. 20).
5
(4)
The Board may, for the purpose of assisting the Secretary of State or the Welsh
Ministers in the performance of his or their functions in relation to the health
service, disclose to him or them any information referred to in subsection (2)(a)
to (c) which is received by the Board under this section.
(5)
Any information disclosed under subsection (4) may be disclosed in such form
10
as the Board considers appropriate for the purpose specified in that subsection.
(6)
In subsection (4) “health service” has the same meaning as in the National
Health Service Act 2006 (c. 41)).
40
Information relating to NHS registration
(1)
The Secretary of State or other public authority may, subject to this section,
15
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
20
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
25
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
30
production of population statistics.
(6)
In the application of section 36 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 (h) of subsection (4) of that section only have
effect if the disclosure is made with the consent of the Secretary of State.
35
(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).
41
Information relating to NHS registration: Wales
(1)
The Welsh Ministers may, subject to this section, disclose patient registration
40
information to the Board.

Statistics and Registration Service Bill
Part 1 — The Statistics Board
18

(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—
5
(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).
10
(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.
15
(6)
In the application of section 36 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 (h) 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
20
medical services for the purposes of the National Health Service (Wales) Act
2006 (c. 42).
42
Information held by HMRC
(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
25
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, other than its function under section 20 (statistical services).
30
(3)
Information disclosed under subsection (1) may only be used by the Board for
the purposes of any one or more of its functions, other than its function under
section 20.
(4)
Information disclosed under subsection (1) may not be disclosed by the Board
to any person except with the consent of the Commissioners.
35
(5)
Subsection (1) does not authorise the disclosure of personal information, other
than personal information relating to the import or export of goods to or from
the United Kingdom.
(6)
In subsection (1) the references to “the Revenue and Customs” are to either or
both of—
40
(a)
the Commissioners;
(b)
officers of Revenue and Customs.