Statutory Instrument 1990 No. 243

The Census Order 1990

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© Crown Copyright 1990

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1990 No. 243

CENSUS

The Census Order 1990

Laid before Parliament in draft

At the Court of Saint James, the 14th day of February 1990

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953, was pleased, by letters Patent dated the 18th day of January 1990 to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And Whereas a draft of this Order was laid before Parliament in accordance with the provisions of section 1(2) of the Census Act 1920^[1] and section 6(2) of the Statutory Instruments Act 1946^[2], and both Houses of Parliament have by resolution approved so much of the Order as prescribes particulars with respect to the matters mentioned in paragraph 6 of the Schedule to the Census Act 1920 (any other matters with respect to which it is desirable to obtain statistical information with a view to ascertaining the social or civil condition of the population) and during the period of forty days beginning with the day on which a copy of the draft of the Order was laid before each House of Parliament neither House resolved that so much of the draft as does not prescribe such particulars should not be submitted to Her Majesty:

Now, therefore Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 1(1) of the Census Act 1920 and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:-

Citation
    1.    This Order may be cited as the Census Order 1990.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires:-

"the Act" means the Census Act 1920;


"census day" means 21st April 1991;


"census night" means the night of 21st to 22nd April 1991.

    (2)  In this Order, unless the context otherwise requires:-
 (a) any reference to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order,
 (b) any reference in an article or Schedule to a numbered paragraph is a reference to the paragraph of that article or Schedule bearing that number, and
 (c) any reference to a Group is a reference to that Group as specified in Schedule 1.

Date on which census is to be taken
    3.    A census shall be taken for Great Britain on 21st April 1991.

Persons with respect to whom the returns are to be made
    4.—(1)  For the purpose of that census, returns shall be made in accordance with the provisions of this Order with respect to:-
 (a) all persons in Great Britain,
 (b) all other persons who are usually resident in Great Britain in a dwelling or part of a dwelling (including a caravan, houseboat or other temporary building or structure used as living accommodation) occupied by a private household (whether consisting of one or more persons) but who do not spend census night in Great Britain, and
 (c) the persons specified in paragraph (2)
who are alive at midnight ending census day.

    (2)  The persons referred to in paragraph (1)(c) as being specified in this paragraph are persons who spend census night on one of Her Majesty's ships or vessels as defined by the Naval Discipline Act 1957^[3], which is within the territorial sea adjacent to Great Britain at midnight ending census day.

    (3)  A return with respect to any person to whom paragraph (1) applies shall be made in accordance with the provisions of this Order relating to each premises, vessel or other place in column (1) of Schedule 1 at which that person spends census night or, as the case may be, arrives or is usually resident as mentioned in column (2) of that Schedule, and the return shall be so made in the form prescribed by regulations made under section 3 of the Act.

Persons by whom the returns are to be made
    5.—(1)  Where a dwelling or part of a dwelling to which column (1) of Group I applies is occupied by a private household consisting of one person, that person shall make a return with respect to himself and with respect to every other person specified in column (2) of Group I.

    (2)  Where a dwelling or part of a dwelling to which column (1) of Group I applies is occupied by a private household consisting of more than one person:-
 (a) the head or joint heads, or the person or persons for the time being acting as head or joint heads of that household, or
 (b) if there is no head or acting head of that household, and if there are no joint heads or acting joint heads of that household, the members of that household who are aged 16 years or over,
shall make a return with respect to every person specified in column (2) of Group I, except that the obligation to make the return shall be satisfied in respect of the joint heads or acting joint heads of the household, or, as the case may be, the members of the household aged 16 years or over if any one of their number completes such a return on their behalf.

    (3)  Any person with respect to whom a return falls to be made in accordance with paragraph (1) or (2) who:-
 (a) is aged 16 years or over on census day, and
 (b) is himself capable of completing the form of return,
may elect to make an individual return, and any person who makes such an election shall make a return with respect to himself.

    (4)  Every person specified in column (2) of Groups II, III, IV, V and, subject to paragraph (5), Group VI shall make a return with respect to himself, but where any such person is, for any reason, incapable of making a return:-
 (a) if he is a person specified in column (2) of Group II, the manager or other person for the time being in charge of the hotel or boarding-house shall make a return with respect to that person or may arrange for the return to be made by a relative or other person accompanying that person;
 (b) if he is a person specified in column (2) of Group III, the return shall be made with respect to him by the chief resident officer or other person for the time being in charge of the premises;
 (c) if he is a person specified in column (2) of Group IV, the return shall be made with respect to him by the commanding officer or other person for the time being in charge of the premises or vessel;
 (d) if he is a person specified in column (2) of Group V, the return shall be made with respect to him by the captain or master or other person for the time being in charge of the vessel;
 (e) if he is a person specified in column (2) of Group VI, the return may be made with respect to him by any other person capable of doing so on his behalf.

    (5)  As regards a person specified in column (2) of Group VI who is of no fixed abode, the return referred to in paragraph (4) may be made with respect to him by any other person authorised by him to do so on his behalf.

    (6)  In the case of any premises or vessel specified in Group II, III or V, the manager, chief resident officer or other person for the time being in charge of the premises or the captain, master or other person for the time being in charge of the vessel and in the case of any premises or vessel specified in Group IV the commanding officer or other person for the time being in charge of the premises or vessel, shall make a return in accordance with Article 6(3).

Particulars to be stated in the returns
    6.—(1)  Every return referred to in paragraphs (1) to (5) of Article 5 shall state with respect to each person required to be included in that return the particulars specified in items 1-14 of Schedule 2 except that:-
 (a) in the case of any person who is a member of a naval, military or air force, the return shall not state the particulars specified at items 14(a) (i)-(iii) or (v) of Schedule 2 but shall state "Armed Forces" together with whether the person is a commissioned officer, and, if the force of which he is a member is not a United Kingdom force, the country of whose forces he is a member;
 (b) in the case of a person who in accordance with Article 5(3) makes a return with respect to himself, the return which falls to be made in accordance with paragraph (1) or (2) of Article 5 shall state, with respect to that person, only the particulars specified in items 1, 5 and 6 of Schedule 2;
 (c) in the case of any return referred to in paragraphs (3), (4) or (5) of Article 5 the particulars specified in item 6 of Schedule 2 shall not be stated.

    (2)  Every return made in accordance with paragraphs (1) and (2) of Article 5 shall state also the particulars specified in items 15-19 of Schedule 2.

    (3)  Every return referred to in paragraph (6) of Article 5 shall state:-
 (a) in the case of any premises mentioned in column (1) of Group II the particulars specified in item 1 of Schedule 3 with respect to all persons mentioned in column (2) of that Group, together with the particulars specified in items 2 and 3 of that Schedule;
 (b) in the case of any premises mentioned in column (1) of Group III or IV the particulars specified in item 1 of Schedule 3 with respect to all persons mentioned in column (2) of those Groups, together with the particulars specified in item 2 of that Schedule;
 (c) in the case of any vessel mentioned in column (1) of Group IV or V the particulars specified in item 1 of Schedule 3 with respect to all persons mentioned in column (2) of those Groups.

    (4)  In Wales, every return referred to in paragraphs (1) to (5) of Article 5 shall state the additional particulars specified in item 20 of Schedule 2, except that in the case of a person who, in accordance with Article 5(3) makes a return with respect to himself, the return which falls to be made in accordance with paragraph (1) or (2) of Article 5 shall not include those additional particulars with respect to that person.

    (5)  In Scotland:-
 (a) every return referred to in paragraphs (1) to (5) of Article 5 shall state the additional particulars specified in item 21 of Schedule 2, except that in the case of a person who, in accordance with Article 5(3) makes a return with respect to himself, the return which falls to be made in accordance with paragraph (1) or (2) of Article 5 shall not include those additional particulars with respect to that person; and
 (b) every return referred to in paragraphs (1) and (2) of Article 5 shall state the additional particulars specified in item 22 of Schedule 2.

G. I. de Deney

Clerk of the Privy Council.

[1] 1920 c. 41. back

[2] 1946 c. 36. back

[3] 1957 c. 53. back

Explanatory Note