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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(a)
in subsection (2), in paragraph (d), after “department” insert “or an
NHS body”;
(b)
after that subsection, insert—
“(2A)
In subsection (2)(d), “NHS body” has the same meaning as it has
(apart from in Schedule 15) in the National Health Service Act
5
2006 (c. 41).”
Miscellaneous
58
Money
(1)
The expenditure of the Board is to be paid out of money provided by
Parliament.
10
(2)
Sums paid to the Board (other than under subsection (1)) are to be paid into the
Consolidated Fund.
(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.
15
59
Evidence
(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,
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unless the contrary is proved, as so executed or signed.
60
Investigation by Parliamentary Commissioner
(1)
The Parliamentary Commissioner Act 1967 (c. 13) is amended in accordance
with subsections (2) and (3).
(2)
In Schedule 2 (departments and authorities subject to investigation), at the
25
appropriate place insert—
“Statistics Board”.
(3)
In the Notes to Schedule 2, after the paragraph relating to the Ministry of
Defence insert—

“Statistics Board
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In the case of the Statistics Board, no investigation is to be conducted in
relation to any action taken by or on behalf of the Board in the exercise
of any of its functions where the function is being exercised only in
relation to Scottish devolved statistics (within the meaning of section 63
of the Statistics and Registration Service Act 2007).”
35
(4)
The Scottish Public Services Ombudsman Act 2002 (asp 11) is amended in
accordance with subsections (5) and (6).
(5)
In section 7 (matters which may be investigated: restrictions), after subsection

Statistics and Registration Service Bill
Part 1 — The Statistics Board
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(6A) insert—
“(6B)
The Ombudsman must not investigate action taken by or on behalf of
the Statistics Board in the exercise of any of its functions unless the
function is being exercised only in relation to Scottish devolved
statistics (within the meaning of section 63 of the Statistics and
5
Registration Service Act 2007).”
(6)
In schedule 2 (persons liable to investigation), after paragraph 91 (Security
Industry Authority) insert—
“91A
The Statistics Board.”
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House of Commons etc disqualification
10
In each of—
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification Act
1975 (c. 24), and
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25),
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at the appropriate place insert “The Statistics Board”.
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
20
Minister of the Crown, the Scottish Ministers or a Welsh ministerial
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
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
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(b)
regulations under section 44, 47 or 48,

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
35
(b)
regulations under section 45 or 49,

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
40
approved by resolution of, the National Assembly for Wales.
(6)
A statutory rule containing—

Statistics and Registration Service Bill
Part 1 — The Statistics Board
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(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
or 50,
5

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—
(a)
statistics which relate to matters in Scotland which are not reserved
10
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
matters, where the statistics are produced by a person acting on behalf
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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).
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(2)
But statistics are not Scottish devolved statistics by virtue of subsection (1)(a)
or (b) if they are produced by—
(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
25
purposes of sections 23(2)(b) and 70(6) of that Act,

and do not relate wholly to Scotland.
(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
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(b)
any other public authority whose functions are exercisable only in or as
regards Wales,

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.
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(4)
In this Part “Northern Ireland devolved statistics” means—
(a)
statistics which relate to matters in Northern Ireland which are
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
40
(b)
statistics which relate to matters in Northern Ireland which are not
transferred 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 matter which is a transferred matter.
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General interpretation
45
In this Part—

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Part 1 — The Statistics Board
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“enactment” includes—
(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;
5
“Intelligence Service” means—
(a)
the Security Service,
(b)
the Secret Intelligence Service, or
(c)
GCHQ (within the meaning of the Intelligence Services Act 1994
(c. 13));
10
“Minister of the Crown” has the same meaning as in the Ministers of the
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
15
functions—
(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);
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“person responsible”, in relation to any official statistics, means—
(a)
in the case of official statistics produced by the Board, the
National Statistician,
(b)
in the case of official statistics produced by a government
department, the Minister in charge of the department, and
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(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(1)) means—
(a)
a person or body exercising functions of a public nature in the
United Kingdom,
30
(b)
a person or body entirely or substantially funded from public
money,
(c)
an office-holder appointed by a person or body falling within
paragraph (a), or
(d)
a body more than half of whose governing body or members are
35
appointed by a person or body falling within paragraph (a);
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46);
“rights and liabilities” includes rights and liabilities relating to
employment;
40
“Scottish devolved statistics” has the meaning given by section 63(1) and
(2);
“Scottish public authority” (except in section 37(3)) has the same meaning
as in the Scotland Act 1998;
“transferred matters” has the same meaning as in the Northern Ireland
45
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).

Statistics and Registration Service Bill
Part 2 — Registration service
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Part 2
Registration service
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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);
5
(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
10
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
15
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.
20
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—
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(a)
superintendent registrar of births, deaths and marriages appointed
under section 6 of the Registration Service Act 1953;
(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.
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(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—
40
(a)
the holder of a relevant office (whether in respect of the same or
different relevant offices), or

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Part 2 — Registration service
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(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
authority.
(6)
If, immediately before commencement of this section, the holder of a relevant
5
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
of the relevant local authority.
(7)
For the purposes of this section, the “relevant local authority” is—
10
(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
(2)(c) or (d), the local authority which appointed the superintendent
registrar of births, deaths and marriages or registrar of births and
15
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;
(b)
a district council in England for an area without a county council;
(c)
a London borough council;
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(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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Superintendent registrars and registrars
(1)
The Registration Service Act 1953 (c. 37) is amended as follows.
25
(2)
In section 6 (superintendent registrars and registrars of births and deaths)—
(a)
in subsection (1), omit the proviso;
(b)
in subsection (3)—
(i)
for “a salaried officer paid by” substitute “an officer of”;
(ii)
omit the words from “and shall” to the end;
30
(c)
omit subsection (4).
(3)
In section 13(2)(f) (local schemes of organisation), omit the words from “so,
however” to the end.
(4)
In section 15(1) (delivery of documents on ceasing to hold office), omit the
words from “or, if there is no successor,” to the end.
35
68
Deputy superintendent registrars and registrars
For section 8 of the Registration Service Act 1953 (deputy superintendent
registrars and registrars) substitute—
“8
Deputy superintendent registrars and registrars
(1)
Subject to the provisions of the local scheme, a council which employs
40
a superintendent registrar or a registrar of births and deaths may
appoint one or more fit persons to act as his deputy.

Statistics and Registration Service Bill
Part 3 — General
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(2)
Any person appointed as a deputy under subsection (1) shall have all
the powers and duties of a superintendent registrar or a registrar of
births and deaths, as the case may be.”
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Additional registrars of marriages
In the Registration Service Act 1953 (c. 37) omit section 7 (additional registrars
5
of marriages).
Part 3
General
70
Repeals
The enactments specified in Schedule 4 are repealed to the extent shown.
10
71
Commencement
(1)
The preceding provisions of this Act shall come into such force in accordance
with provision made by order made by statutory instrument by the Treasury.
(2)
An order under this section may—
(a)
make different provision for different purposes;
15
(b)
include supplementary, consequential and transitional provision and
savings.
72
Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland, subject
as follows.
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(2)
Section 59 does not extend to Scotland.
(3)
Part 2 does not extend to Scotland or Northern Ireland (subject to subsection
(4)).
(4)
An amendment or repeal effected by this Act has the same extent as the
enactment to which it relates.
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73
Short title
This Act may be cited as the Statistics and Registration Service Act 2007.