Statistics and Registration Service Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Statistics and Registration Service Bill

Statistics and Registration Service Bill
Part 2 — Registration service
32

66
Employment status of officials
(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—
5
(a)
superintendent registrar of births, deaths and marriages appointed
under section 6 of the Registration Service Act 1953 (c. 37);
(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;
10
(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.
15
(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—
20
(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
25
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
30
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
35
(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;
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(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.
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Statistics and Registration Service Bill
Part 3 — General
33

67
Superintendent registrars and registrars
(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)—
5
(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.
10
(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.
68
Deputy superintendent registrars and registrars
For section 8 of the Registration Service Act 1953 (deputy superintendent
registrars and registrars) substitute—
15
“8
Deputy 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
20
the powers and duties of a superintendent registrar or a registrar of
births and deaths, as the case may be.”
69
Additional registrars of marriages
In the Registration Service Act 1953 omit section 7 (additional registrars of
marriages).
25
Part 3
General
70
Repeals
The enactments specified in Schedule 4 are repealed to the extent shown.
71
Commencement
30
(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 Treasury.
(2)
An order under this section may—
(a)
make different provision for different purposes;
(b)
include supplementary, consequential and transitional provision and
35
savings.

Statistics and Registration Service Bill
Part 3 — General
34

72
Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.
(2)
Section 59 does not extend to Scotland.
(3)
Part 2 does not extend to Scotland or Northern Ireland (subject to subsection
5
(4)).
(4)
An amendment or repeal effected by this Act has the same extent as the
enactment to which it relates.
73
Short title
This Act may be cited as the Statistics and Registration Service Act 2007.
10

Statistics and Registration Service Bill
Schedule 1 — Transfer of functions from Registrar General: amendments
35

Schedules
Schedule 1
Section 23

Transfer of functions from Registrar General: amendments
Census Act 1920 (c. 41)
1
The Census Act 1920 is amended as follows.
5
2     (1)
Section 2 is amended as follows.
      (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—
10
“(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 Chancellor
of the Exchequer.
15
(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.”
20
      (4)
Omit subsection (3).
3     (1)
Section 3 is amended as follows.
      (2)
In subsection (1), after “the Chancellor of the Exchequer” insert “in relation
to England, the Welsh Ministers in relation to Wales and the Scottish
Ministers in relation to Scotland”.
25
      (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 Chancellor of the Exchequer and the Welsh Ministers
30
respectively must consult the Statistics Board before making
regulations under subsection (1).”
4     (1)
Section 4 is amended as follows.
      (2)
In subsection (1), for “The Registrar-General” substitute “The Statistics
Board and the Registrar General for Scotland respectively”.
35

Statistics and Registration Service Bill
Schedule 1 — Transfer of functions from Registrar General: amendments
36

      (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”;
5
(d)
for “his” substitute “its or his”.
5     (1)
Section 5 is amended as follows.
      (2)
Renumber the existing provision as subsection (1).
      (3)
In that subsection—
(a)
for “the Registrar-General”, in the first place, substitute “the Statistics
10
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—
15
“(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;
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(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
25
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
30
relation to a civil partnership.”
6
In section 6, in subsection (1)—
(a)
after “the Chancellor of the Exchequer”, in the first place, insert “(in
relation to England and Wales) or the Scottish Ministers (in relation
to Scotland)”;
35
(b)
after “the Chancellor of the Exchequer”, in the second place, insert
“or the Scottish Ministers”;
(c)
after “he thinks fit” insert “or they think fit”.
7
In section 9, omit subsections (1) and (4).
Population (Statistics) Act 1938 (c. 12)
40
8
In 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”.

Statistics and Registration Service Bill
Schedule 2 — Information sharing: supplementary amendments
37

Registration Service Act 1953 (c. 37)
9
In the Registration Service Act 1953, in section 19, for “Registrar General”
substitute “Statistics Board”.
Parliamentary Constituencies Act 1986 (c. 56)
10
In the Parliamentary Constituencies Act 1986, in Schedule 1, in paragraph
5
5(a) and (c), for “the Registrar General for England and Wales” substitute
“the Statistics Board”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
11
In the Political Parties, Elections and Referendums Act 2000, in section
14(6)(a), for “the Registrar General for England and Wales” substitute “the
10
Statistics Board”.
Schedule 2
Section 43

Information sharing: supplementary amendments
Census Act 1920 (c. 41)
1     (1)
Section 8 of the Census Act 1920 (penalties) is amended as follows.
15
      (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
20
“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”;
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(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”
30
substitute “the Registrar General for Scotland”.
Population (Statistics) Act 1938 (c. 12)
2
In section 4(2) of the Population (Statistics) Act 1938 (restriction on
disclosure), at the beginning insert “Subject to any other enactment”.
Finance Act 1969 (c. 32)
35
3     (1)
Section 58 of the Finance Act 1969 (disclosure for statistical purposes of
information relating to employment and VAT) is amended as follows.

Statistics and Registration Service Bill
Schedule 2 — Information sharing: supplementary amendments
38

      (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”;
5
(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
10
Board”.
Agricultural Statistics Act 1979 (c. 13)
4
In section 3 of the Agricultural Statistics Act 1979 (disclosure of information
relating to agricultural statistics etc.), in subsection (2), after paragraph (g)
insert—
15
“(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 36(4)(h)
of the Statistics and Registration Service Act 2007),”.
Social Security Administration Act 1992 (c. 5)
20
5
In 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”.
Value Added Tax Act 1994 (c. 23)
6     (1)
Section 91 of the Value Added Tax Act 1994 (disclosure for statistical
25
purposes of information relating to VAT) is amended as follows.
      (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
30
“Statistics Board”.
Bank of England Act 1998 (c. 11)
7
In 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
35
the Chancellor of the Exchequer under the Statistics of Trade Act 1947 are
delegated).”