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
19

43
Information sharing: supplementary amendments
Schedule 2 (which makes further provision relating to the disclosure of
information to or by the Board) has effect.
Information sharing: supplementary powers
44
Power to authorise disclosure to the Board
5
(1)
Subject to this section, the Treasury may make regulations for the purpose of
authorising a public authority to disclose information to the Board where—
(a)
the disclosure would otherwise be prohibited by a rule of law or an Act
passed before this Act, or
(b)
the authority would not otherwise have power to make the disclosure.
10
(2)
Regulations under subsection (1) may only authorise disclosure to enable the
Board to carry out one or more of its functions, other than its function under
section 20 (statistical services).
(3)
The Board may only use information received under regulations under
subsection (1) for the purposes for which disclosure is authorised under
15
subsection (2).
(4)
In the application of section 36 to personal information which has been
disclosed to the Board under regulations under subsection (1), paragraphs (c)
and (h) of subsection (4) of that section do not apply (subject to any provision
made under subsection (7)(b) below).
20
(5)
Regulations under subsection (1) may not authorise disclosure by—
(a)
a Scottish public authority, so far as exercising functions which relate to
matters which are not reserved matters, or
(b)
a Northern Ireland public authority.
(6)
Regulations under subsection (1) may—
25
(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 provision—
(a)
prohibiting or restricting further disclosure by the Board of information
30
disclosed under the regulations;
(b)
authorising further disclosure by the Board 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)
The Treasury may only make regulations under subsection (1) with the consent
35
of—
(a)
the Welsh Ministers, in a case where the regulations authorise
disclosure by a public authority exercising functions only or mainly in
or as regards Wales, and
(b)
another Minister of the Crown, in any other case.
40
(9)
The Treasury may only make regulations under subsection (1) authorising any
disclosure if the Treasury and any persons or person whose consent is required
under subsection (8) are satisfied that—

Statistics and Registration Service Bill
Part 1 — The Statistics Board
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(a)
the disclosure is required by the Board to enable it to carry out the
function or functions in relation to which the disclosure is authorised,
and
(b)
the disclosure is in the public interest.
(10)
Subsection (8) does not apply in relation to regulations authorising disclosure
5
by a public authority where the Treasury is the relevant Minister in relation to
the public authority.
(11)
For the purposes of subsection (10), the Treasury is the relevant Minister in
relation to the following—
(a)
Her Majesty’s Revenue and Customs, the Bank of England, the
10
Financial Services Authority and the Mint,
(b)
any person or body entirely or substantially funded from public money
that is received from the Treasury or the Chancellor of the Exchequer,
(c)
an office-holder appointed by the Treasury or the Chancellor of the
Exchequer, and
15
(d)
a body more than half of whose governing body or members are
appointed by the Treasury or Chancellor of the Exchequer.
(12)
The Treasury must consult the Commissioners for Her Majesty’s Revenue and
Customs before making regulations under subsection (1) authorising any
disclosure by the Commissioners or by an officer of Revenue and Customs.
20
45
Power to authorise disclosure to the Board: Scotland
(1)
Subject to this section, the Scottish Ministers may make regulations for the
purpose of authorising a Scottish public authority, so far as exercising
functions which relate to matters which are not reserved matters, to disclose
information to the Board where—
25
(a)
the disclosure would otherwise be prohibited by a rule of law, an Act
passed before this Act or an Act of the Scottish Parliament passed
before this Act, or
(b)
the authority would not otherwise have power to make the disclosure.
(2)
Regulations under subsection (1) may only authorise disclosure to enable the
30
Board to carry out one or more of its functions, other than its function under
section 20 (statistical services).
(3)
The Board may only use information received under regulations under
subsection (1) for the purposes for which disclosure is authorised under
subsection (2).
35
(4)
In the application of section 36 to personal information which has been
disclosed to the Board under regulations under subsection (1), paragraphs (c)
and (h) 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—
40
(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 provision—
(a)
prohibiting or restricting further disclosure by the Board of information
45
disclosed under the regulations;

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Part 1 — The Statistics Board
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(b)
authorising further disclosure by the Board 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.
(7)
The Scottish Ministers may only make regulations under subsection (1) with
the consent of the Treasury.
5
(8)
The Scottish Ministers may only make regulations under subsection (1)
authorising any disclosure if they and the Treasury are satisfied that—
(a)
the disclosure is required by the Board to enable it to carry out the
function or functions in relation to which the disclosure is authorised,
and
10
(b)
the disclosure is in the public interest.
46
Power to authorise disclosure to the Board: Northern Ireland
(1)
Subject to this section, a Northern Ireland department may make regulations
for the purpose of authorising a Northern Ireland public authority to disclose
information to the Board where—
15
(a)
the disclosure would otherwise be prohibited by a rule of law, an Act
passed before this Act or any Northern Ireland legislation passed or
made before this Act, or
(b)
the authority would not otherwise have power to make the disclosure.
(2)
Regulations under subsection (1) may only authorise disclosure to enable the
20
Board to carry out one or more of its functions, other than its function under
section 20 (statistical services).
(3)
The Board may only use information received under regulations under
subsection (1) for the purposes for which disclosure is authorised under
subsection (2).
25
(4)
In the application of section 36 to personal information which has been
disclosed to the Board under regulations under subsection (1), paragraphs (c)
and (h) 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—
30
(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 provision—
(a)
prohibiting or restricting further disclosure by the Board of information
35
disclosed under the regulations;
(b)
authorising further disclosure by the Board 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.
(7)
A Northern Ireland department may only make regulations under subsection
40
(1) with the consent of the Treasury.
(8)
A Northern Ireland department may only make regulations under subsection
(1) authorising any disclosure if the department and the Treasury are satisfied
that—

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Part 1 — The Statistics Board
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(a)
the disclosure is required by the Board to enable it to carry out the
function or functions in relation to which the disclosure is authorised,
and
(b)
the disclosure is in the public interest.
47
Power to authorise use of information by the Board
5
(1)
Subject to this section, the Treasury 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
10
to carry out one or more of its functions, other than its function under section
20 (statistical services).
(3)
Regulations under subsection (1) may—
(a)
amend or modify any enactment;
(b)
contain consequential and supplementary provision.
15
(4)
The Treasury may only make regulations under subsection (1) with the consent
of another Minister of the Crown.
(5)
The Treasury may only make regulations under subsection (1) authorising the
use of any information if the Treasury and the Minister of the Crown
consenting to the regulations are satisfied that—
20
(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 Treasury is the relevant Minister in relation to a public authority,
subsection (4) and the reference to the Minister of the Crown in subsection (5)
25
do not apply.
(7)
Section 44(11) applies for the purposes of subsection (6) above.
(8)
The Treasury must consult the Commissioners for Her Majesty’s Revenue and
Customs before making regulations under subsection (1) authorising the use of
information received from the Commissioners or an officer of Revenue and
30
Customs.
48
Power to authorise disclosure by the Board
(1)
Subject to this section, the Treasury 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
35
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
40
subsection (2).
(4)
In the application of section 36 to personal information which has been
disclosed to a public authority under regulations under subsection (1),

Statistics and Registration Service Bill
Part 1 — The Statistics Board
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paragraphs (c) and (h) 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
5
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.
10
(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
15
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 another Minister of the Crown.
(9)
Regulations may only be made under subsection (1) authorising any disclosure
20
to a public authority if the Treasury and the Minister of the Crown 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.
25
(10)
Subsection (8) and the reference to the Minister of the Crown in subsection (9)
do not apply in relation to regulations authorising disclosure to a public
authority where the Treasury is the relevant Minister in relation to the public
authority.
(11)
Section 44(11) applies for the purposes of subsection (10) above.
30
(12)
The Treasury must consult the Commissioners for Her Majesty’s Revenue and
Customs before making regulations under subsection (1) authorising any
disclosure to the Commissioners or to an officer of Revenue and Customs.
49
Power to authorise disclosure by the Board: Scotland
(1)
Subject to this section, the Scottish Ministers may by regulations make
35
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
40
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).

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(4)
In the application of section 36 to personal information which has been
disclosed to a Scottish public authority under regulations under subsection (1),
paragraphs (c) and (h) 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—
5
(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
10
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.
15
(7)
The Scottish Ministers may only make regulations under subsection (1) with
the consent of the Treasury.
(8)
The Scottish Ministers may only make regulations under subsection (1)
authorising any disclosure if they and the Treasury are satisfied that—
(a)
the disclosure is required by the Scottish public authority for the
20
purposes specified in the regulations, and
(b)
the disclosure is in the public interest.
50
Power to authorise disclosure by the Board: Northern Ireland
(1)
Subject to this section, a Northern Ireland department may by regulations
make provision for the purpose of authorising the Board to disclose
25
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.
30
(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 36 to personal information which has been
disclosed to a Northern Ireland public authority under regulations under
35
subsection (1), paragraphs (c) and (h) 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.
40
(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;
45

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(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.
5
(7)
A Northern Ireland department may only make regulations under subsection
(1) with the consent of the Treasury.
(8)
A Northern Ireland department may only make regulations under subsection
(1) authorising any disclosure if the department and the Treasury are satisfied
that—
10
(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.
51
Data Protection Act 1998 and Human Rights Act 1998
In sections 44 to 50, references to an Act passed before this Act do not include—
15
(a)
the Data Protection Act 1998 (c. 29), or
(b)
the Human Rights Act 1998 (c. 42).
Consequential
52
Cessation of Office for National Statistics etc
The following shall cease to function on the commencement of this section—
20
(a)
the Office for National Statistics;
(b)
the Statistics Commission.
53
Transfers etc from ONS to the Board
(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
25
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
30
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.
35
(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
40
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