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
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agreement (whether written or not), instrument or other document shall be
treated as a reference to the Board.
(6)
The Treasury 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
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shall vest in the Registrar General for England and Wales or a Minister of the
Crown (including the Treasury).
(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
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(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
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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
20
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),
25
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
30
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.
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Transfers etc from Registrar General to the Board
35
(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 23 (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—
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(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
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of the transferred functions which has effect immediately before

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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
5
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),
10
instrument or other document shall be treated as a reference to the Board.
55
Transfers etc from Ministers of the Crown to the Board
(1)
The Treasury 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.
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(2)
A scheme under subsection (1) may operate in relation to property, rights and
liabilities as specified in section 53(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
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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;
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(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.
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(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).
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Provision of services and facilities by the Board
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(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
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(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
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making available of premises, computer systems and administrative services.

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(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
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services for the purposes of the National Health Service (Wales) Act
2006 (c. 42).
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Consequential amendments
Schedule 3 (which makes amendments consequential on the conferral on the
Board of functions previously exercised by the Office for National Statistics)
10
has effect.
Miscellaneous
58
Money
(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
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Consolidated Fund.
(3)
The Board may with the approval of the Treasury 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.
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Evidence
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(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.
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60
Investigation by Parliamentary Commissioner
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), at the appropriate place
insert—
“Statistics Board”.
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61
House of Commons etc disqualification
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
35
Act 1975 (c. 25),
at the appropriate place insert “The Statistics Board”.

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General
62
Orders and regulations
(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 Treasury or other
Minister of the Crown, the Scottish Ministers or a Welsh ministerial
5
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
10
draft of the statutory instrument containing the order has been laid before, and
approved by resolution of, each House of Parliament.
(3)
The Treasury may not make—
(a)
an order under section 11, or
(b)
regulations under section 44, 47 or 48,
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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.
(4)
The Scottish Ministers may not make—
(a)
an order under section 6(1)(b) or 11, or
(b)
regulations under section 45 or 49,
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unless a draft of the instrument containing the order or regulations has been
laid before, and approved by resolution of, the Scottish Parliament.
(5)
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.
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(6)
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 46
30
or 50,

is subject to affirmative resolution, within the meaning of section 41(4) of the
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)).
63
Devolved statistics
(1)
In this Part “Scottish devolved statistics” means—
35
(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
40
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

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(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—
5
(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.
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(3)
In this Part “Welsh devolved statistics” means statistics which relate wholly or
mainly to the exercise of functions by—
(a)
a Welsh ministerial authority, or
(b)
any other public authority whose functions are exercisable only in or as
regards Wales,
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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 does
not so relate.
(4)
In this Part “Northern Ireland devolved statistics” means—
(a)
statistics which relate to matters in Northern Ireland which are
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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
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acting on behalf of the Crown or a public authority in the exercise of
functions in relation to matter which is a transferred matter.
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General interpretation
In this Part—
“enactment” includes—
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(a)
an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament;
(b)
an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
“Minister of the Crown” has the same meaning as in the Ministers of the
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Crown Act 1975 (c. 26);
“Northern Ireland devolved statistics” has the meaning given by section
63(4);
“Northern Ireland public authority” means a public authority whose
functions—
40
(a)
are exercisable only or mainly in or as regards Northern Ireland,
and
(b)
relate only or mainly to transferred matters;
“official statistics” has the meaning given by section 6(1);
“person responsible”, in relation to any official statistics, means—
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(a)
in the case of official statistics produced by the Board, the
National Statistician,

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Part 2 — Registration service
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(b)
in the case of official statistics produced by a government
department, the Minister in charge of the department, and
(c)
in any other case, the person producing the statistics;
“personal information” has the meaning given by section 36(2);
“public authority” (except in section 37) means—
5
(a)
a person or body exercising functions of a public nature in the
United Kingdom,
(b)
a person or body entirely or substantially funded from public
money,
(c)
an office-holder appointed by a person or body falling within
10
paragraph (a), or
(d)
a body more than half of whose governing body or members are
appointed by a person or body falling within paragraph (a);
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46);
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“rights and liabilities” includes rights and liabilities relating to
employment;
“Scottish devolved statistics” has the meaning given by section 63(1) and
(2);
“Scottish public authority” has the same meaning as in the Scotland Act
20
1998;
“transferred matters” has the same meaning as in the Northern Ireland
Act 1998 (c. 47);
“Welsh devolved statistics” has the meaning given by section 63(3);
“Welsh ministerial authority” has the meaning given by section 6(5).
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Part 2
Registration service
65
Establishment of Registrar General as corporation sole
(1)
Section 1 of the Registration Service Act 1953 (c. 37) is amended as follows—
(a)
renumber the existing provision as subsection (1);
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(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
35
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
40
the Crown; but the Registrar General is a Crown servant for the
purposes of the Official Secrets Act 1989.”
(2)
Subject to section 54, 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.
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