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
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.

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
20

(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;

Statistics and Registration Service Bill
Part 1 — The Statistics Board
21

(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—

Statistics and Registration Service Bill
Part 1 — The Statistics Board
22

(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
23

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).

Statistics and Registration Service Bill
Part 1 — The Statistics Board
24

(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