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Statistics and Registration Service Bill


Statistics and Registration Service Bill
Part 1 — The Statistics Board

29

 

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

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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

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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

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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—

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(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

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

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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.

10

(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,

15

   

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.

64      

General interpretation

In this Part—

“enactment” includes—

30

(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,

 
 

Statistics and Registration Service Bill
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—

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(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

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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

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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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Statistics and Registration Service Bill
Part 2 — Registration service

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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;

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(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

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(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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