Office of Public Sector Information
PART 1 continued
(1) If the Minister for the Cabinet Office considers that there has been a serious failure by the Board—
(a) to comply with its objective, or
(b) to perform any of its functions,
he may give the Board such directions as he considers appropriate to remedy the failure.
(2) If the Scottish Ministers consider that there has been a serious failure by the Board—
(a) to comply with its objective, or
(b) to perform any of its functions so far as relating to Scottish devolved statistics,
they may, with the consent of the Minister for the Cabinet Office, give the Board such directions as they consider appropriate to remedy the failure.
(3) If the Welsh Ministers consider that there has been a serious failure by the Board—
(a) to comply with its objective, or
(b) to perform any of its functions so far as relating to Welsh devolved statistics,
they may, with the consent of the Minister for the Cabinet Office, give the Board such directions as they consider appropriate to remedy the failure.
(4) If the Department of Finance and Personnel for Northern Ireland considers that there has been a serious failure by the Board—
(a) to comply with its objective, or
(b) to perform any of its functions so far as relating to Northern Ireland devolved statistics,
it may, with the consent of the Minister for the Cabinet Office, give the Board such directions as it considers appropriate to remedy the failure.
(5) The Minister for the Cabinet Office may give the Board such directions as he considers appropriate for the purpose of implementing any Community obligation.
(6) A direction under this section must be in writing.
(7) A direction under this section must be published by the authority which gave it in such manner as that authority considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
(8) Where the Minister for the Cabinet Office gives a direction under this section—
(a) he must lay a copy before Parliament, and
(b) he must notify the Scottish Ministers, the Welsh Ministers and the Department of Finance and Personnel for Northern Ireland of the direction, who must lay a copy before the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly respectively.
(9) Where the Scottish Ministers give a direction under this section—
(a) they must lay a copy before the Scottish Parliament, and
(b) the Minister for the Cabinet Office must lay a copy before Parliament.
(10) Where the Welsh Ministers give a direction under this section—
(a) they must lay a copy before the National Assembly for Wales, and
(b) the Minister for the Cabinet Office must lay a copy before Parliament.
(11) Where the Department of Finance and Personnel for Northern Ireland gives a direction under this section—
(a) it must lay a copy before the Northern Ireland Assembly, and
(b) the Minister for the Cabinet Office must lay a copy before Parliament.
(12) If the Board fails to comply with any direction given to it under this section, the authority which gave the direction may give effect to it, and for that purpose may exercise any function of the Board.
(13) But the Scottish Ministers, the Welsh Ministers and the Department of Finance and Personnel for Northern Ireland may only give effect to a direction under subsection (12) with the consent of the Minister for the Cabinet Office.
(1) The National Statistician is to be the Board’s principal adviser on—
(a) the quality of official statistics,
(b) good practice in relation to official statistics, and
(c) the comprehensiveness of official statistics.
(2) The Board must have regard to the advice of the National Statistician on those matters.
(3) If the Board rejects the advice of the National Statistician—
(a) in relation to the development and maintenance of definitions, methodologies, classifications and standards for official statistics, or
(b) as to the application to any statistics produced by the Board of any definition, methodology, classification or standard promoted by the Board under section 9,
the Board must publish a statement of its reasons for doing so.
(4) Where the Board publishes a statement under subsection (3), it must as soon as possible thereafter lay a copy before Parliament.
(1) The National Statistician is also to be the chief executive of the Board.
(2) The National Statistician may, subject as follows, exercise any of the functions of the Board (including functions of establishing committees under section 35 and delegating functions to such committees).
(3) The National Statistician may not exercise the functions of—
(a) determining under section 10 whether to adopt a code as the Code of Practice for Statistics or to revise the Code, or
(b) determining under section 12(1) or 14(1) whether any official statistics comply with the Code.
(4) The Board may direct the National Statistician—
(a) not to exercise a particular function, or
(b) as to how he should exercise a particular function.
(5) In the event of a vacancy in the office of National Statistician, his functions under this section and section 32 may be exercised by such one of the other executive members of the Board as the Board may direct.
(1) The National Statistician must establish an executive office of the Board to assist him in his exercise of—
(a) the function of the Board under section 9(1)(a) (development and maintenance of definitions, methodologies, classifications and standards for official statistics),
(b) the function of the Board under section 20 (production of statistics),
(c) the function of the Board under section 21 (retail prices index),
(d) the function of the Board under section 22 (statistical services), and
(e) any other function of the Board which he may exercise under section 31(2).
(2) The executive office is, subject to this Act, to consist of—
(a) the National Statistician (who is to be its head),
(b) the other executive members of the Board, and
(c) such other employees of the Board as the National Statistician may assign to it.
(3) For the purposes of subsection (1) the National Statistician may delegate any function of the Board referred to in that subsection to any other member of the executive office.
(4) The delegation of a function by the National Statistician under subsection (3) does not prevent him from exercising the function himself.
(1) The Head of Assessment is to be the Board’s principal adviser on the exercise of its functions under sections 12(1) and 14(1).
(2) The Board must have regard to the advice of the Head of Assessment in the exercise of those functions.
(3) The Head of Assessment—
(a) if an executive member of the Board, may not exercise functions of the National Statistician under section 31(5),
(b) may not be a member of the executive office of the Board under section 32(2)(b) or (c), and
(c) may not in any other way take part in the production of statistics by the Board.
(1) The National Statistician may not take part in any assessment or determination of the Board under section 12(1) or 14(1) in relation to statistics produced by the Board.
(2) The following may not take part in any assessment or determination of the Board under section 12(1) or 14(1)—
(a) an executive member of the Board, not being the National Statistician or Head of Assessment;
(b) a person assigned to the executive office of the Board under section 32(2)(c).
(3) The Board must seek to secure that, so far as practicable, employees who take part in the production of statistics should not be engaged in advising the Board on the exercise of its functions under sections 12(1) and 14(1) in relation to those statistics.
(1) The Board may establish committees for the purpose of—
(a) exercising functions of the Board, or
(b) giving advice to the Board.
(2) A committee of the Board established under subsection (1)(b) may include persons who are neither members nor employees of the Board.
(3) A committee established under this section may establish one or more sub-committees.
(1) Subject as follows, the Board may delegate any of its functions (generally or specifically) to—
(a) a member of the Board,
(b) an employee of the Board not assigned to the executive office of the Board, or
(c) a committee established under section 35(1)(a).
(2) The Board may not under this section delegate the functions of—
(a) determining under section 10 whether to adopt or revise the Code of Practice for Statistics, or
(b) determining under section 12(1) or 14(1) whether any official statistics comply with the Code.
(3) Any committee of the Board established under section 35(1)(a) may delegate any function exercisable by it to any of its sub-committees.
(4) The delegation of a function by the Board or a committee of the Board under this section does not prevent the Board or committee from exercising the function.
(1) Subject to this Part, the Board may regulate—
(a) its own proceedings (including quorum);
(b) the proceedings (including quorum) of any of its committees.
(2) A committee of the Board may regulate the proceedings (including quorum) of any of its sub-committees.
(3) The validity of any proceedings of the Board, or of any of its committees or sub-committees, is not affected by—
(a) a vacancy, or
(b) a defective appointment.
(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.
(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 14(1).
(3) Subsection (1) does not apply to information obtained by the Board in relation to the exercise of its functions under section 22, unless the person from whom the Board receives the information consents to its use as specified in that subsection.
(4) Subsection (1) is subject to any enactment which restricts or prohibits the use or disclosure of information.
(1) Subject to this section, personal information held by the Board in relation to the 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.
(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 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.
(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,
(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,
(h) is made with the consent of the person to whom it relates, or
(i) is made to an approved researcher.
(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).
(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 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 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 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
(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 —
(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,
the reference in subsection (9)(b) to twelve months is to be read as a reference to three months.
(1) Section 44 of the Freedom of Information Act 2000 (c. 36) (prohibitions on disclosure) does not, by virtue of section 39 above, apply to personal 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 Information Act 2000.
(3) Section 26 of the Freedom of Information (Scotland) Act 2002 (asp 13) (prohibitions on disclosure) does not, by virtue of section 39 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
(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.
The Board may disclose any information obtained by it in connection with any 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.
(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 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 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 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 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 Health Service Act 2006 (c. 41).
(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 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,
(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 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 39 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 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 or the National Health Service (Wales) Act 2006 (c. 42).
(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 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,
(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 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 39 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 medical services for the purposes of the National Health Service (Wales) Act 2006 (c. 42).
(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 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 22 (statistical services).
(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 22.
(4) Information disclosed under subsection (1) may not be disclosed by the Board to any person except with the consent of the Commissioners.
(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—
(a) the Commissioners;
(b) officers of Revenue and Customs.
Schedule 2 (which makes further provision relating to the disclosure of information to or by the Board) has effect.
(1) Subject to this section, the Minister for the Cabinet Office 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 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 22 (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).
(4) In the application of section 39 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 (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
(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 (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 a rule of law, this Act or an Act passed before this Act.
(8) The Minister for the Cabinet Office 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 or as regards Wales,
(b) the Treasury, in a case where the regulations authorise disclosure by the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, or
(c) a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.
(9) The Minister for the Cabinet Office may only make regulations under subsection (1) authorising any disclosure if the Minister and any persons or person whose consent is required under subsection (8) 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.
(10) Subsection (8)(c) does not apply in relation to regulations authorising disclosure by a public authority where the Minister for the Cabinet Office is the relevant Minister in relation to the public authority.
(11) For the purposes of subsection (10), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.
(12) The Treasury must consult the Commissioners for Her Majesty’s Revenue and Customs before giving its consent under subsection (8)(b).
(1) Subject to this section, the Scottish Ministers may make regulations for the 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 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 22 (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).
(4) In the application of section 39 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).
Statistics and Registration Service Act 2007