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62 | Orders and regulations |
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(1) | Any power to make an order or regulations under this Part is exercisable— |
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(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)). |
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(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, |
| 15 |
| 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, |
| 20 |
| 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— |
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(a) | an order made by a Northern Ireland department under section 6(1)(b), |
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(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 |
| |
| is subject to affirmative resolution, within the meaning of section 41(4) of the |
| |
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)). |
| |
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(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 |
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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 |
| |
|
| |
|
| |
|
(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) |
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or (b) if they are produced by— |
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(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 |
| |
| 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 |
| |
| |
(4) | In this Part “Northern Ireland devolved statistics” means— |
| |
(a) | statistics which relate to matters in Northern Ireland which are |
| 20 |
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 |
| 25 |
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 |
| |
| |
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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 |
| 35 |
| |
“Northern Ireland devolved statistics” has the meaning given by section |
| |
| |
“Northern Ireland public authority” means a public authority whose |
| |
| 40 |
(a) | are exercisable only or mainly in or as regards Northern Ireland, |
| |
| |
(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— |
| 45 |
(a) | in the case of official statistics produced by the Board, the |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | a person or body entirely or substantially funded from public |
| |
| |
(c) | an office-holder appointed by a person or body falling within |
| 10 |
| |
(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 |
| |
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“rights and liabilities” includes rights and liabilities relating to |
| |
| |
“Scottish devolved statistics” has the meaning given by section 63(1) and |
| |
| |
“Scottish public authority” has the same meaning as in the Scotland Act |
| 20 |
| |
“transferred matters” has the same meaning as in the Northern Ireland |
| |
| |
“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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| |
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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); |
| 30 |
(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 |
| |
| |
(4) | The Registrar General discharges his functions on behalf of the |
| |
| |
(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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|
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|
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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; |
| 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 |
| |
(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; |
| 40 |
(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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|
| |
|