Statistics and Registration Service Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Statistics and Registration Service Bill

Statistics and Registration Service Bill
Part 1 — The Statistics Board
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Use and disclosure of information by the Board
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Use of information by the Board
(1)
Any information obtained by the Board in relation to the exercise of any of its
functions may be used by it in relation to the exercise of any of its other
functions.
5
(2)
Subsection (1) does not apply to information obtained by the Board in relation
to the exercise of its functions under sections 12(1) and 13(1).
(3)
Subsection (1) does not apply to information obtained by the Board in relation
to the exercise of its functions under section 20, unless the person from whom
the Board receives the information consents to its use as specified in that
10
subsection.
(4)
Subsection (1) is subject to any enactment which restricts or prohibits the use
or disclosure of information.
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Confidentiality of personal information
(1)
Subject to this section, personal information held by the Board in relation to the
15
exercise of any of its functions must not be disclosed by—
(a)
any member or employee of the Board,
(b)
a member of any committee of the Board, or
(c)
any other person who has received it directly or indirectly from the
Board.
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(2)
In this Part “personal information” means information which relates to and
identifies a particular person (including a body corporate); but it does not
include information about the internal administrative arrangements of the
Board (whether relating to its members, employees or other persons).
(3)
For the purposes of subsection (2) information identifies a particular person if
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the identity of that person—
(a)
is specified in the information,
(b)
can be deduced from the information, or
(c)
can be deduced from the information taken together with any other
published information.
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(4)
Subsection (1) does not apply to a disclosure which—
(a)
is required or permitted by any enactment,
(b)
is required by a Community obligation,
(c)
is necessary for the purpose of enabling or assisting the Board to
exercise any of its functions,
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(d)
has already lawfully been made available to the public,
(e)
is made in pursuance of an order of a court,
(f)
is made for the purposes of a criminal investigation or criminal
proceedings (whether or not in the United Kingdom),
(g)
is made, in the interests of national security, to an Intelligence Service,
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(h)
is made with the consent of the person to whom it relates, or
(i)
is made to an approved researcher.

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Part 1 — The Statistics Board
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(5)
For the purposes of subsection (4)(i), “approved researcher” means an
individual to whom the Board has granted access, for the purposes of statistical
research, to personal information held by it.
(6)
The Board is from time to time to publish criteria by reference to which it will
determine whether to grant access as specified in subsection (5).
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(7)
Those criteria must require the Board to consider—
(a)
whether the individual is a fit and proper person, and
(b)
the purpose for which access is requested.
(8)
The Board may not grant access to an individual as specified in subsection (5)
unless he has first signed a declaration, in such form as the Board may
10
determine, that he understands the requirements of this section.
(9)
A person who contravenes subsection (1) is guilty of an offence and liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years, or to a fine, or both;
(b)
on summary conviction, to imprisonment for a term not exceeding
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twelve months, or to a fine not exceeding the statutory maximum, or
both.
(10)
Subsection (9) does not apply where the individual making the disclosure
reasonably believes—
(a)
in the case of information which is personal information by virtue of
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subsection (3)(a), that the identity of the person to whom it relates is not
specified in the information,
(b)
in the case of information which is personal information by virtue of
subsection (3)(b), that the identity of that person cannot be deduced
from the information, or
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(c)
in the case of information which is personal information by virtue of
subsection (3)(c), that the identity of that person cannot be deduced
from the information taken together with any other published
information.
(11)
In the application of this section —
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(a)
in England and Wales, in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44),
(b)
in Scotland, until the commencement of section 45(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), or
(c)
in Northern Ireland,
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the reference in subsection (9)(b) to twelve months is to be read as a reference
to three months.
37
Freedom of information
(1)
Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on
disclosure) does not, by virtue of section 36 above, apply to personal
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information which—
(a)
is held by a public authority who has received it directly or indirectly
from the Board, and
(b)
is not held by that authority on behalf of the Board.
(2)
In subsection (1) “public authority” has the same meaning as in the Freedom of
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Information Act 2000.

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Part 1 — The Statistics Board
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(3)
Section 26 of the Freedom of Information (Scotland) Act 2002 (asp 13)
(prohibitions on disclosure) does not, by virtue of section 36 above, apply to
personal information which—
(a)
is held by a Scottish public authority who has received it directly or
indirectly from the Board, and
5
(b)
is not held by that authority on behalf of the Board.
(4)
In subsection (3) “Scottish public authority” has the same meaning as in the
Freedom of Information (Scotland) Act 2002.
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Disclosure of information to service providers
The Board may disclose any information obtained by it in connection with any
10
function exercised by it to any person providing services to the Board, if the
Board considers it necessary or appropriate to do so for the purpose of the
provision of those services.
Information sharing
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Information relating to births and deaths etc
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(1)
The Registrar General for England and Wales may, for the purpose of the
exercise by the Board of any function, disclose to the Board any information to
which this section applies.
(2)
This section applies to—
(a)
any information entered in any register kept under the Births and
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Deaths Registration Act 1953 (c. 20);
(b)
any other information received by the Registrar General in relation to
any birth or death;
(c)
any information entered in the Adopted Children Register maintained
by the Registrar General under section 77 of the Adoption and Children
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Act 2002 (c. 38);
(d)
any information entered in any marriage register book kept under Part
4 of the Marriage Act 1949 (c. 76);
(e)
any information relating to a civil partnership which is recorded under
the Civil Partnership Act 2004 (c. 33) at the time of the formation of the
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civil partnership.
(3)
In subsection (2)(b) “birth” has the same meaning as in the Births and Deaths
Registration Act 1953.
(4)
The Board may, for the purpose of assisting the Secretary of State or the Welsh
Ministers in the performance of his or their functions in relation to the health
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service, disclose to him or them any information referred to in subsection (2)(a)
to (c) which is received by the Board under this section.
(5)
Any information disclosed under subsection (4) may be disclosed in such form
as the Board considers appropriate for the purpose specified in that subsection.
(6)
In subsection (4) “health service” has the same meaning as in the National
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Health Service Act 2006 (c. 41).

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Information relating to NHS registration
(1)
The Secretary of State or other public authority may, subject to this section,
disclose patient registration information to the Board.
(2)
In subsection (1) “patient registration information” means information about
the persons who are or have been registered in any place in England or Wales
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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—
(a)
their address and any previous address,
(b)
their date of birth and sex,
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(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).
(4)
The information disclosed under this section may not include any information
about the health or condition of, or the care or treatment provided to, any
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person.
(5)
Information disclosed under this section may only be used by the Board for the
production of population statistics.
(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
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this section, paragraphs (c) and (i) of subsection (4) of that section only have
effect if the disclosure is made with the consent of the Secretary of State.
(7)
In subsection (2) “primary medical services” means services which are primary
medical services for the purposes of the National Health Service Act 2006
(c. 41) or the National Health Service (Wales) Act 2006 (c. 42).
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Information relating to NHS registration: Wales
(1)
The Welsh Ministers may, subject to this section, disclose patient registration
information to the Board.
(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
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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—
(a)
their address and any previous address,
(b)
their date of birth and sex,
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(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).
(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
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person.
(5)
Information disclosed under this section may only be used by the Board for the
production of population statistics.

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(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 (i) 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
5
medical services for the purposes of the National Health Service (Wales) Act
2006 (c. 42).
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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
10
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).
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(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.
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(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—
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(a)
the Commissioners;
(b)
officers of Revenue and Customs.
43
Information sharing: supplementary amendments
Schedule 2 (which makes further provision relating to the disclosure of
information to or by the Board) has effect.
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Information sharing: supplementary powers
44
Power to authorise disclosure to the Board
(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
35
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
Board to carry out one or more of its functions, other than its function under
section 20 (statistical services).
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(3)
The Board 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 the Board under regulations under subsection (1), paragraphs (c)
5
and (i) 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 by—
(a)
a Scottish public authority, so far as exercising functions which relate to
matters which are not reserved matters, or
10
(b)
a Northern Ireland public authority.
(6)
Regulations under subsection (1) may—
(a)
amend or modify any enactment;
(b)
contain consequential and supplementary provision.
(7)
The consequential and supplementary provision referred to in subsection
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(6)(b) includes in particular provision—
(a)
prohibiting or restricting further disclosure by the Board of information
disclosed under the regulations;
(b)
authorising further disclosure by the Board of such information in
circumstances where the disclosure would otherwise be prohibited by
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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
of—
(a)
the Welsh Ministers, in a case where the regulations authorise
disclosure by a public authority exercising functions only or mainly in
25
or as regards Wales, and
(b)
another Minister of the Crown, in any other case.
(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—
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(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
35
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
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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
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(d)
a body more than half of whose governing body or members are
appointed by the Treasury or Chancellor of the Exchequer.

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(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.
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Power to authorise disclosure to the Board: Scotland
(1)
Subject to this section, the Scottish Ministers may make regulations for the
5
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—
(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
10
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
Board to carry out one or more of its functions, other than its function under
section 20 (statistical services).
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(3)
The Board 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 the Board under regulations under subsection (1), paragraphs (c)
20
and (i) 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.
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(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
disclosed under the regulations;
(b)
authorising further disclosure by the Board of such information in
30
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.
(8)
The Scottish Ministers may only make regulations under subsection (1)
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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
(b)
the disclosure is in the public interest.
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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—