|
| |
|
(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 |
| |
| 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 |
| |
| 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). |
| |
| |
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 |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| 5 |
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 |
| 10 |
(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 |
| 15 |
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 |
| |
| |
(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. |
| |
54 | 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— |
| 40 |
(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 |
| |
| |
(3) | Anything done by, on behalf of or in relation to the Registrar General in respect |
| 45 |
of the transferred functions which has effect immediately before |
| |
|
| |
|
| |
|
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 |
| |
| |
(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. |
| 15 |
(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 |
| 20 |
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 |
| |
| 25 |
(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 |
| |
| |
(d) | make provision for shared ownership, use or access. |
| 30 |
(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 |
| |
| |
56 | Provision of services and facilities by the Board |
| 35 |
(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 |
| 40 |
(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 |
| 45 |
making available of premises, computer systems and administrative services. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | in relation to registration in Wales, services which are primary medical |
| 5 |
services for the purposes of the National Health Service (Wales) Act |
| |
| |
57 | 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 |
| |
| |
| |
(1) | The expenditure of the Board is to be paid out of money provided by |
| |
| 15 |
(2) | Sums paid to the Board (other than under subsection (1)) are to be paid into the |
| |
| |
(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. |
| 20 |
| |
(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, |
| 25 |
unless the contrary is proved, as so executed or signed. |
| |
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 |
| |
| 30 |
| |
61 | House of Commons etc disqualification |
| |
| |
(a) | Part 2 of Schedule 1 to the House of Commons Disqualification Act |
| |
| 35 |
(b) | Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
| |
at the appropriate place insert “The Statistics Board”. |
| |
|
| |
|