Office of Public Sector Information
PART 1 continued
(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 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.
(7) The Scottish Ministers may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.
(8) The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for the Cabinet Office 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.
(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—
(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 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).
(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 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.
(7) A Northern Ireland department may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.
(8) A Northern Ireland department may only make regulations under subsection (1) authorising any disclosure if the department and the Minister for the Cabinet Office 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.
(1) Subject to this section, the Minister for 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 to carry out one or more of its functions, other than its function under section 22 (statistical services).
(3) Regulations under subsection (1) may—
(a) amend or modify any enactment;
(b) contain consequential and supplementary provision.
(4) The Minister for the Cabinet Office may only make regulations under subsection (1) with the consent of—
(a) the Treasury, in a case where the regulations authorise the use of information received from the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, or
(b) a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.
(5) The Minister for the Cabinet Office may only make regulations under subsection (1) authorising the use of any information if the Minister and the person consenting to the regulations are satisfied that—
(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 Minister for the Cabinet Office is the relevant Minister in relation to a public authority, subsection (4)(b) and the reference in subsection (5) to the person consenting to the regulations do not apply.
(7) For the purposes of subsection (6), 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.
(8) The Treasury must consult the Commissioners for Her Majesty’s Revenue and Customs before giving its consent under subsection (4)(a).
(1) Subject to this section, the Minister for 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.
(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 subsection (2).
(4) In the application of section 39 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).
(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.
(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—
(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.
(8) Regulations may only be made under subsection (1) authorising disclosure to a public authority with the consent of—
(a) the Treasury, in a case where the regulations authorise disclosure to the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs, or
(b) a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.
(9) Regulations may only be made under subsection (1) authorising any disclosure to a public authority if the Minister and the person 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.
(10) Subsection (8)(b) and the reference in subsection (9) to the person consenting to the regulations do not apply in relation to regulations authorising disclosure to 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)(a).
(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 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 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 a Scottish 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).
(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—
(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 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 Minister for the Cabinet Office.
(8) The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for 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.
(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.
(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 authorised under subsection (2).
(4) In the application of section 39 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).
(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—
(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 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 Minister for the Cabinet Office.
(8) A Northern Ireland department may only make regulations under subsection (1) authorising any disclosure if the department and the Minister for 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
(b) the disclosure is in the public interest.
In sections 47 to 53, 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).
The following shall cease to function on the commencement of this section—
(a) the Office for National Statistics;
(b) the Statistics Commission.
(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—
(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 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 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 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 Minister for the Cabinet Office 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 Minister for the Cabinet Office).
(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.
(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 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 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;
(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).
(11) In this section “the National Statistician” means the National Statistician who holds office immediately before the commencement of section 1.
(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 functions transferred under section 25 (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
(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 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 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), instrument or other document shall be treated as a reference to the Board.
(1) The Minister for the Cabinet Office 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.
(2) A scheme under subsection (1) may operate in relation to property, rights and liabilities as specified in section 56(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 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;
(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.
(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).
(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
(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 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
(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).
(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 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—
“(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).”
(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 Minister for the Cabinet Office 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.
(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, unless the contrary is proved, as so executed or signed.
(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—
“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 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 66 of the Statistics and Registration Service Act 2007).”
(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 (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 66 of the Statistics and Registration Service Act 2007).”
(6) In schedule 2 (persons liable to investigation), after paragraph 91 (Security Industry Authority) insert—
“91A The Statistics Board.”
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),
at the appropriate place insert “The Statistics Board”.
(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 Minister for the Cabinet Office or other 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)).
(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 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A statutory instrument containing an order made by the Minister for the Cabinet Office under section 47(11), 50(7) or 51(11) is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) The Minister for the Cabinet Office may not make—
(a) an order under section 11, or
(b) regulations under section 47, 50 or 51,
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.
(6) The Scottish Ministers may not make—
(a) an order under section 6(1)(b) or 11, or
(b) regulations under section 48 or 52,
unless a draft of the instrument containing the order or regulations has been laid before, and approved by resolution of, the Scottish Parliament.
(7) 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 approved by resolution of, the National Assembly for Wales.
(8) A statutory instrument containing an order made by a Welsh ministerial authority under section 24 that includes consequential or incidental provision amending any relevant legislation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(9) A statutory rule containing—
(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 49 or 53,
is subject to affirmative resolution, within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (NI)).
(10) A statutory rule containing an order made by a Northern Ireland department under section 24 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.
(11) In this section, “relevant legislation” means—
(a) an Act of Parliament;
(b) an Act of the Scottish Parliament;
(c) Northern Ireland legislation;
(d) a Measure or Act of the National Assembly for Wales.
(1) In this Part “Scottish devolved statistics” means—
(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 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 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).
(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 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
(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.
(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
(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.
Statistics and Registration Service Act 2007