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Statistics and Registration Service Bill


Statistics and Registration Service Bill
Part 1 — The Statistics Board

22

 

(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

5

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).

10

(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 (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—

15

(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

20

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

25

(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—

(a)   

the disclosure is required by the Board to enable it to carry out the

30

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

(1)   

Subject to this section, the Treasury may make regulations for the purpose of

35

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

to carry out one or more of its functions, other than its function under section

40

20 (statistical services).

(3)   

Regulations under subsection (1) may—

(a)   

amend or modify any enactment;

(b)   

contain consequential and supplementary provision.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

23

 

(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—

5

(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)

10

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

15

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

20

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

25

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),

paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to

any provision made under subsection (7)(b) below).

30

(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

reserved matters, or

(b)   

a Northern Ireland public authority.

35

(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

(6)(b) includes in particular—

40

(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

information in circumstances where the disclosure would otherwise be

prohibited by a rule of law, this Act or an Act passed before this Act.

45

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

24

 

(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

to a public authority if the Treasury and the Minister of the Crown consenting

to the regulations are satisfied that—

5

(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.

(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

10

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.

(12)   

The Treasury must consult the Commissioners for Her Majesty’s Revenue and

Customs before making regulations under subsection (1) authorising any

15

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

provision for the purpose of authorising the Board to disclose information to a

Scottish public authority where the disclosure would otherwise be prohibited

20

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

authority, so far as relating to matters which are not reserved matters.

(3)   

A Scottish public authority may only use information received under

25

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 Scottish public authority under regulations under subsection (1),

paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to

30

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.

(6)   

The consequential and supplementary provision referred to in subsection

35

(5)(b) includes in particular—

(a)   

provision prohibiting or restricting further disclosure by a Scottish

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

40

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.

(7)   

The Scottish Ministers may only make regulations under subsection (1) with

the consent of the Treasury.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

25

 

(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

purposes specified in the regulations, and

(b)   

the disclosure is in the public interest.

5

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

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.

10

(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.

(3)   

A Northern Ireland public authority may only use information received under

regulations under subsection (1) for the purposes for which disclosure is

15

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

subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not

apply (subject to any provision made under subsection (6)(b) below).

20

(5)   

Regulations under subsection (1) may—

(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—

25

(a)   

provision prohibiting or restricting further disclosure by a Northern

Ireland public authority of information disclosed under the

regulations;

(b)   

provision authorising further disclosure by a Northern Ireland public

authority of such information in circumstances where the disclosure

30

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

before this Act.

(7)   

A Northern Ireland department may only make regulations under subsection

(1) with the consent of the Treasury.

35

(8)   

A Northern Ireland department may only make regulations under subsection

(1) authorising any disclosure if the department and the Treasury are satisfied

that—

(a)   

the disclosure is required by the Northern Ireland public authority for

the purposes specified in the regulations, and

40

(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—

(a)   

the Data Protection Act 1998 (c. 29), or

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

26

 

(b)   

the Human Rights Act 1998 (c. 42).

Consequential

52      

Cessation of Office for National Statistics etc

The following shall cease to function on the commencement of this section—

(a)   

the Office for National Statistics;

5

(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

Statistician shall by virtue of this section vest in the Board.

10

(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

apply.

15

(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.

(4)   

Anything (including legal proceedings) which immediately before

20

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

provisions of this section, on and after commencement of this section a

25

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

30

both) which shall not vest in the Board on commencement of this section but

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

35

commencement of this section, and

(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).

40

(9)   

A scheme under subsection (6) may include consequential and incidental

provision and may in particular—

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

27

 

(a)   

make provision for the continuing effect of things done by the Office for

National Statistics or the National Statistician before commencement of

this section;

(b)   

make provision for the continuation of things (including legal

proceedings) in the process of being done by, on behalf of or in relation

5

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),

instrument or other document to be treated as references to the

10

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

the scheme (and any such modification shall have effect as from the date the

15

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

(1)   

On commencement of this section the property, rights and liabilities of the

20

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—

(a)   

whether or not they would otherwise be capable of being transferred,

25

(b)   

without any instrument or other formality being required, and

(c)   

irrespective of any requirement for consent that would otherwise

apply.

(3)   

Anything done by, on behalf of or in relation to the Registrar General in respect

of the transferred functions which has effect immediately before

30

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

35

transferred functions, 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

provisions of this section, on and after commencement of this section a

reference to the Registrar General in an agreement (whether written or not),

40

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.

45

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

28

 

(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

5

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

scheme;

10

(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

references to the Board;

(d)   

make provision for shared ownership, use or access.

15

(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

into effect).

56      

Provision of services and facilities by the Board

20

(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

25

(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

30

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

2006 (c. 41), and

35

(b)   

in relation to registration in Wales, services which are primary medical

services for the purposes of the National Health Service (Wales) Act

2006 (c. 42).

57      

Consequential amendments

(1)   

Schedule 3 (which makes amendments consequential on the conferral on the

40

Board of functions previously exercised by the Office for National Statistics)

has effect.

(2)   

Section 57 of the Local Electoral Administration and Registration Services

(Scotland) Act 2006 (asp 14) (which provides for a central register kept by the

Registrar General for Scotland for health and local authority purposes) is

45

amended as follows—

 
 

 
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