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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(2)
The services and facilities referred to in subsection (1) include in particular the
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
5
2006 (c. 41), and
(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).
59
Consequential amendments
10
(1)
Schedule 3 (which makes amendments consequential on the conferral on the
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
15
Registrar General for Scotland for health and local authority purposes) is
amended as follows—
(a)
in subsection (2), in paragraph (d), after “department” insert “or an
NHS body”;
(b)
after that subsection, insert—
20
“(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
2006 (c. 41).”
Miscellaneous
60
Money
25
(1)
The expenditure of the Board is to be paid out of money provided by
Parliament.
(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 Cabinet Office make to or in respect of
30
members of the Board, employees or committee members payments by way of,
or in respect of, remuneration, pension, allowances or expenses.
61
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).
35
(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,
unless the contrary is proved, as so executed or signed.

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62
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
appropriate place insert—
5
“Statistics Board”.
(3)
In the Notes to Schedule 2, after the paragraph relating to the Ministry of
Defence insert—

“Statistics Board
In the case of the Statistics Board, no investigation is to be conducted in
10
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 65
of the Statistics and Registration Service Act 2007).”
(4)
The Scottish Public Services Ombudsman Act 2002 (asp 11) is amended in
15
accordance with subsections (5) and (6).
(5)
In section 7 (matters which may be investigated: restrictions), after subsection
(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
20
function is being exercised only in relation to Scottish devolved
statistics (within the meaning of section 65 of the Statistics and
Registration Service Act 2007).”
(6)
In schedule 2 (persons liable to investigation), after paragraph 91 (Security
Industry Authority) insert—
25
“91A
The Statistics Board.”
63
House of Commons etc disqualification
In each of—
(a)
Part 2 of Schedule 1 to the House of Commons Disqualification Act
1975 (c. 24), and
30
(b)
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25),
at the appropriate place insert “The Statistics Board”.
General
64
Orders and regulations
35
(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 Cabinet Office or
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
40
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)
A statutory instrument containing an order made by a Minister of the Crown
under section 23 that includes consequential or incidental provision amending
5
any relevant legislation is subject to annulment in pursuance of a resolution of
either House of Parliament.
(4)
The Cabinet Office may not make regulations under section 46, 49 or 50 unless
a draft of the statutory instrument containing the regulations has been laid
before, and approved by resolution of, each House of Parliament.
10
(5)
The Scottish Ministers may not make—
(a)
an order under section 6(1)(b), or
(b)
regulations under section 47 or 51,

unless a draft of the instrument containing the order or regulations has been
laid before, and approved by resolution of, the Scottish Parliament.
15
(6)
The Welsh Ministers may not make an order under section 6(1)(b) unless a
draft of the instrument containing the order has been laid before, and approved
by resolution of, the National Assembly for Wales.
(7)
A statutory instrument containing an order made by a Welsh ministerial
authority under section 23 that includes consequential or incidental provision
20
amending any relevant legislation is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
(8)
A statutory rule containing—
(a)
an order made by a Northern Ireland department under section 6(1)(b),
or
25
(b)
regulations made by a Northern Ireland department under section 48
or 52,

is subject to affirmative resolution, within the meaning of section 41(4) of the
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)).
(9)
A statutory rule containing an order made by a Northern Ireland department
30
under section 23 that includes consequential or incidental provision amending
any relevant legislation is subject to negative resolution, within the meaning of
section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(10)
In this section, “relevant legislation” means—
(a)
an Act of Parliament;
35
(b)
an Act of the Scottish Parliament;
(c)
Northern Ireland legislation;
(d)
a Measure or Act of the National Assembly for Wales.
65
Devolved statistics
(1)
In this Part “Scottish devolved statistics” means—
40
(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
45
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).
5
(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
10
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
15
(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.
20
(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
25
(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.
66
General interpretation
30
In this Part—
“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,
35
Northern Ireland legislation;
“Intelligence Service” means—
(a)
the Security Service,
(b)
the Secret Intelligence Service, or
(c)
GCHQ (within the meaning of the Intelligence Services Act 1994
40
(c. 13));
“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
65(4);
45
“Northern Ireland public authority” means a public authority whose
functions—

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Part 2 — Registration service
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(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);
“person responsible”, in relation to any official statistics, means—
5
(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
(c)
in any other case, the person producing the statistics;
10
“personal information” has the meaning given by section 38(2);
“public authority” (except in section 39(1)) means—
(a)
a person or body exercising functions of a public nature in the
United Kingdom,
(b)
a person or body entirely or substantially funded from public
15
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
appointed by a person or body falling within paragraph (a);
20
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46);
“rights and liabilities” includes rights and liabilities relating to
employment;
“Scottish devolved statistics” has the meaning given by section 65(1) and
25
(2);
“Scottish public authority” (except in section 39(3)) has the same meaning
as in the Scotland Act 1998;
“transferred matters” has the same meaning as in the Northern Ireland
Act 1998 (c. 47);
30
“Welsh devolved statistics” has the meaning given by section 65(3);
“Welsh ministerial authority” has the meaning given by section 6(5).
Part 2
Registration service
67
Establishment of Registrar General as corporation sole
35
(1)
Section 1 of the Registration Service Act 1953 (c. 37) is amended as follows—
(a)
renumber the existing provision as subsection (1);
(b)
after that subsection insert—
“(2)
The Registrar General is a corporation sole by the name of the
Registrar General for England and Wales.
40
(3)
The Registrar General may do anything (including acquire or
dispose of any property or rights) which is calculated to
facilitate, or is conducive or incidental to, the discharge of any
of his functions.

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(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
the Crown; but the Registrar General is a Crown servant for the
purposes of the Official Secrets Act 1989.”
5
(2)
Subject to section 56, 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.
68
Employment status of officials
(1)
On commencement of this section, every person who immediately before
10
commencement of this section holds a relevant office becomes an employee of
the relevant local authority.
(2)
The relevant offices are—
(a)
superintendent registrar of births, deaths and marriages appointed
under section 6 of the Registration Service Act 1953 (c. 37);
15
(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;
(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
20
effect from commencement of this section (subject to any necessary
modifications) as the terms and conditions of his employment with the
relevant local authority.
(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
25
to the relevant local authority.
(5)
Any period which ends immediately before commencement of this section
during which a person was continuously—
(a)
the holder of a relevant office (whether in respect of the same or
different relevant offices), or
30
(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
35
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—
40
(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
45
deaths by whom he was appointed.

Statistics and Registration Service Bill
Part 3 — General
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(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;
(d)
the Common Council of the City of London;
5
(e)
the Council of the Isles of Scilly;
(f)
a county or county borough council in Wales.
69
Superintendent registrars and registrars
(1)
The Registration Service Act 1953 (c. 37) is amended as follows.
(2)
In section 6 (superintendent registrars and registrars of births and deaths)—
10
(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;
(c)
omit subsection (4).
15
(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.
70
Deputy superintendent registrars and registrars
20
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
a superintendent registrar or a registrar of births and deaths may
25
appoint one or more fit persons to act as his deputy.
(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.”
71
Additional registrars of marriages
30
In the Registration Service Act 1953 omit section 7 (additional registrars of
marriages).
Part 3
General
72
Repeals
35
The enactments specified in Schedule 4 are repealed to the extent shown.