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Statistics and Registration Service Bill


Statistics and Registration Service Bill
Part 1 — The Statistics Board

21

 

(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

disclosed under the regulations;

5

(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)   

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

the consent of the Treasury.

10

(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 Board to enable it to carry out the

function or functions in relation to which the disclosure is authorised,

and

15

(b)   

the disclosure is in the public interest.

45      

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—

20

(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

25

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

section 19 (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).

30

(4)   

In the application of section 35 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—

35

(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

40

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.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

22

 

(7)   

A Northern Ireland department may only make regulations under subsection

(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—

5

(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.

46      

Power to authorise use of information by the Board

10

(1)   

Subject to this section, the Cabinet Office may make regulations for the purpose

of 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

15

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

19 (statistical services).

(3)   

Regulations under subsection (1) may—

(a)   

amend or modify any enactment;

(b)   

contain consequential and supplementary provision.

20

(4)   

The Cabinet Office may only make regulations under subsection (1) with the

consent of a Minister of the Crown.

(5)   

The Cabinet Office may only make regulations under subsection (1)

authorising the use of any information if the Cabinet Office and the Minister of

the Crown consenting to the regulations are satisfied that—

25

(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 Cabinet Office is the relevant Minister in relation to a public

authority, subsection (4) and the reference to the Minister of the Crown in

30

subsection (5) do not apply.

(7)   

The Cabinet Office 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 Customs.

35

47      

Power to authorise disclosure by the Board

(1)   

Subject to this section, the Cabinet Office 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 passed before this Act.

40

(2)   

Regulations under subsection (1) may only authorise disclosure for the

purposes of any or all of the statistical functions of the public authority.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

23

 

(3)   

A public authority 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 35 to personal information which has been

disclosed to a public authority under regulations under subsection (1),

5

paragraphs (c) 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 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

10

reserved matters, or

(b)   

a Northern Ireland public authority.

(6)   

Regulations under subsection (1) may—

(a)   

amend or modify any enactment;

(b)   

contain consequential and supplementary provision.

15

(7)   

The consequential and supplementary provision referred to in subsection

(6)(b) includes in particular—

(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

20

information in circumstances where the disclosure would otherwise be

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

(8)   

Regulations may only be made under subsection (1) authorising disclosure to

a public authority with the consent of a Minister of the Crown.

(9)   

Regulations may only be made under subsection (1) authorising any disclosure

25

to a public authority if the Cabinet Office and the Minister of the Crown

consenting to the regulations are satisfied that—

(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.

30

(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

authority where the Cabinet Office is the relevant Minister in relation to the

public authority.

(11)   

The Cabinet Office must consult the Commissioners for Her Majesty’s

35

Revenue and Customs before making regulations under subsection (1)

authorising any disclosure to the Commissioners or to an officer of Revenue

and Customs.

48      

Power to authorise disclosure by the Board: Scotland

(1)   

Subject to this section, the Scottish Ministers may by regulations make

40

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

Scottish public authority where the disclosure would otherwise be prohibited

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

45

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

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

24

 

(3)   

A Scottish public authority 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 35 to personal information which has been

disclosed to a Scottish public authority under regulations under subsection (1),

5

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—

(a)   

amend or modify any enactment;

(b)   

contain consequential and supplementary provision.

10

(6)   

The consequential and supplementary provision referred to in subsection

(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

15

of such information in circumstances where the disclosure would

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 Cabinet Office.

20

(8)   

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

authorising any disclosure if they and the Cabinet Office 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.

25

49      

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.

30

(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

35

authorised under subsection (2).

(4)   

In the application of section 35 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).

40

(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—

45

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

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

5

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 Cabinet Office.

10

(8)   

A Northern Ireland department may only make regulations under subsection

(1) authorising any disclosure if the department and the Cabinet Office are

satisfied that—

(a)   

the disclosure is required by the Northern Ireland public authority for

the purposes specified in the regulations, and

15

(b)   

the disclosure is in the public interest.

50      

Data Protection Act 1998 and Human Rights Act 1998

In sections 43 to 49, references to an Act passed before this Act do not include—

(a)   

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

(b)   

the Human Rights Act 1998 (c. 42).

20

Consequential

51      

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;

(b)   

the Statistics Commission.

25

52      

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.

(2)   

Subsection (1) shall operate in relation to property, rights and liabilities—

30

(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.

(3)   

Anything done by, on behalf of or in relation to the Office for National Statistics

35

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

commencement of this section is in the process of being done by, on behalf of

40

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.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

26

 

(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 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.

5

(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

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).

10

(7)   

A scheme under subsection (6) shall have effect—

(a)   

in so far as it excludes anything from the operation of subsection (1), on

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.

15

(8)   

A scheme under subsection (6) may operate in relation to property, rights and

liabilities as specified in subsection (2)(a), (b) and (c).

(9)   

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

provision and may in particular—

(a)   

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

20

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

to the Office for National Statistics or the National Statistician

25

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

Registrar General or a Minister of the Crown;

30

(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

original scheme came into effect).

35

(11)   

In this section “the National Statistician” means the National Statistician who

holds office immediately before the commencement of section 1.

53      

Transfers etc from Registrar General to the Board

(1)   

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

Registrar General for England and Wales held or incurred in relation to the

40

functions transferred under section 22 (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,

(b)   

without any instrument or other formality being required, and

45

(c)   

irrespective of any requirement for consent that would otherwise

apply.

 
 

Statistics and Registration Service Bill
Part 1 — The Statistics Board

27

 

(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

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

5

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

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

10

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

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

instrument or other document shall be treated as a reference to the Board.

54      

Transfers etc from Ministers of the Crown to the Board

(1)   

The Treasury may make a scheme or schemes transferring property, rights and

15

liabilities from a Minister of the Crown to the Board and such transfer shall

have effect in accordance with the terms of the scheme.

(2)   

A scheme under subsection (1) may operate in relation to property, rights and

liabilities as specified in section 52(2)(a), (b) and (c).

(3)   

A scheme under subsection (1) may include consequential and incidental

20

provision and may in particular—

(a)   

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

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

25

to the Minister of the Crown in relation to anything transferred by the

scheme;

(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

30

references to the Board;

(d)   

make provision for shared ownership, use or access.

(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

35

into effect).

55      

Provision of services and facilities by the Board

(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,

40

(b)   

the Boundary Commission for England in order to enable it more

efficiently to carry out its functions, and

(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

45

services are or have been provided.

 
 

 
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