Statutory Instrument 1990 No. 326 (S.32)

      The Census (Scotland) Regulations 1990

      © Crown Copyright 1990

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STATUTORY INSTRUMENTS

1990 No. 326 (S.32)

CENSUS

The Census (Scotland) Regulations 1990

Made 21st February 1990
Laid before Parliament 8th March 1990
Coming into force 29th March 1990


    The Secretary of State, in exercise of powers conferred upon him by section 3(1) of the Census Act 1920[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:
    Citation, commencement and extent
        1.    These Regulations may be cited as the Census (Scotland) Regulations 1990, shall come into force on 29th March 1990 and shall extend to Scotland only.
    Interpretation
        2.—(1)  In these Regulations, unless the context otherwise requires—
      "the Act" means the Census Act 1920;

      "assistant census officer" means an officer appointed under regulation 4(1)(c);

      "the census" means the census directed to be taken by the Census Order 1990[2] (hereinafter referred to as "the Census Order");

      "census area manager" means an officer appointed under regulation 4(1)(a);

      "census day" means 21st April 1991;

      "census district" means a district so referred to in regulation 3;

      "census officer" means an officer appointed under regulation 4(1)(b);

      "enumeration district" means a district so referred to in regulation 3;

      "enumerator" means an officer appointed as such under regulation 4(1)(d);

      "officer" means a person appointed under regulation 4;

      "prescribed person" means a person required by the Census Order to make a return;

      "Registrar General" means the Registrar General of Births, Deaths and Marriages for Scotland.

        (2)  In these Regulations, a reference to a form, where it is followed immediately by an identifying letter, is a reference to the form of return which is identified by that letter and which is set out in Schedule 3.

        (3)  Unless the context otherwise requires, in these Regulations a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations bearing that number, and a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
    Census districts and enumeration districts
        3.—(1)  For the purpose of the census, the Registrar General shall divide Scotland into census districts and shall divide each census district into enumeration districts.

        (2)  The Registrar General may designate any number of adjoining census districts as a census area.
    Appointment of officers
        4.—(1)  For the purpose of the census—

      (a)  the Registrar General may appoint a census area manager for any census area designated under regulation 3(2);

      (b)  the Registrar General or the census area manager may appoint a census officer for each census district;

      (c)  the Registrar General, the census area manager or the census officer may appoint for a census district such number of assistant census officers, not exceeding 5 in any census district, as the Registrar General may specify as being necessary for that census district;

      (d)  the Registrar General, the census area manager or the census officer may appoint—

        (i)  an enumerator for each enumeration district, and

        (ii)  such other persons as may be necessary for taking the census.

        (2)  The officers appointed under this regulation shall perform the duties assigned to them under the Act and by these Regulations.
    Undertaking
        5.    Every officer shall complete the form of undertaking set out in Schedule 1 before he performs any of the duties assigned to him under the Act and by these Regulations.
    Forms of return
        6.    The form of return to be made by a prescribed person mentioned in column (1) of Schedule 2, or by any person making a return on behalf of a prescribed person under article 5(4) or (5) of the Census Order, shall be the form which has the title specified in the corresponding entry in column (2) of that Schedule, and which is set out under that title in Schedule 3; and any such person shall comply with the instructions contained in that form.
    Supply of forms and other documents for enumerators
        7.—(1)  The Registrar General shall issue to every census officer a sufficient number of enumeration record books, forms of return and such other forms or documents as may be necessary for the purpose of the census.

        (2)  Every census officer shall supply to every enumerator appointed to act for an enumeration district within his census district an enumeration record book for the enumeration district for which he has been appointed, a sufficient number of forms of return and such other forms or documents as may be necessary for the purpose of the census.
    Delivery of forms of return
        8.—(1)  The enumerator shall deliver forms of return on 12th April 1991 or as soon thereafter as is reasonably practicable, as follows—

      (a)  form H to the head or joint heads, or the person or persons for the time being acting as head or joint heads, of each private household occupying a dwelling or part of a dwelling mentioned in Group I in Schedule 1 to the Census Order or, where there is no head or acting head and there are no joint heads or acting joint heads of that household, to a member of that household who is aged 16 years or over or, where that household consists of one person, to that person;

      (b)  the number of forms L and I which the enumerator estimates is likely to be necessary for the purpose of the census to the manager, chief resident officer or other person for the time being in charge of any premises mentioned in Group II or III in Schedule 1 to the Census Order and to the commanding officer or other person for the time being in charge of any premises mentioned in Group IV in that Schedule.

        (2)  The duty assigned to the enumerator by paragraph (1) to deliver a form of return shall be satisfied—

      (a)  if he hands it to the appropriate person mentioned in paragraph (1) or to a responsible person claiming to act on behalf of that person, or

      (b)  where no appropriate or responsible person is available, if he leaves it at the dwelling or premises referred to in paragraph (1).

        (3)  The Registrar General shall make arrangements for the delivery of—

      (a)  forms L and I to the commanding officer or other person for the time being in charge of any vessel mentioned in Group IV in Schedule 1 to the Census Order and to the captain, master or other person for the time being in charge of any vessel mentioned in Group V in that Schedule;

      (b)  form I to every person mentioned in Group VI in Schedule 1 to the Census Order.

        (4)  The person to whom forms of return are delivered under paragraph (1)(b) or (3)(a) shall deliver form I to every prescribed person on the premises or vessel who appears to him to be capable of completing the form.

        (5)  Where the manager or other person in charge of any premises mentioned in Group II in Schedule 1 to the Census Order has arranged for a return with respect to a person incapable of making a return to be made by a relative or other person accompanying him, he shall deliver form I to the relative or other person for that purpose.
    Particulars to be obtained by enumerators
        9.    When the enumerator delivers form H in accordance with regulation 8(1)(a), he shall complete the panel on that form headed "Panel A".
    Individual returns in private households
        10.—(1)  Any person who satisfies the conditions prescribed in article 5(3) of the Census Order and who elects to make an individual return ("the elector") or a person acting on his behalf may ask the enumerator to provide him with a separate form of return, but if the elector cannot for any reason obtain a form from the enumerator, he or a person acting on his behalf may apply to the census officer for such a form.

        (2)  The enumerator or census officer, as the case may be, shall issue to the elector, or to the person acting on his behalf, the appropriate form I and an envelope in which the completed form of return may be sealed before it is collected by the enumerator.
    Sealed envelopes for returns from private households
        11.    Any person who is required by article 5(1) or (2) of the Census Order to make a return may ask the enumerator to provide him with an envelope in which the completed form of return may be sealed before it is collected by the enumerator, and the enumerator, if so asked, shall comply with any such request.
    Information to be provided by persons in charge of premises or vessels
        12.—(1)  The manager, chief resident officer or other person for the time being in charge of any premises mentioned in Group II or III in Schedule 1 to the Census Order shall enter the name and address of the premises on every form of return made under article 5(4) of the Census Order by or with respect to any person in the premises.

        (2)  The commanding officer or other person for the time being in charge of any premises or vessel mentioned in Group IV in Schedule 1 to the Census Order, and the captain, master or other person for the time being in charge of any vessel mentioned in Group V in that Schedule, shall enter the name and address of the premises, or as the case may be the name of the vessel, on every form of return made under article 5(4) of the Census Order by or with respect to any person in the premises or vessel.

        (3)  The commanding officer or other person for the time being in charge of any vessel mentioned in Group IV in Schedule 1 to the Census Order shall enter the name of the vessel on every form of return made under article 5(6) of the Census Order.
    Collection of returns
        13.—(1)  Where under regulation 8(4) forms I have been delivered to persons mentioned in article 5(4) of the Census Order, the person responsible for delivering the forms, or any person who has taken his place, shall collect the completed forms on the day after census day or as soon thereafter as is reasonably practicable.

        (2)  On the day after census day, or as soon thereafter as is reasonably practicable, the enumerator shall collect all forms of return delivered by him and all separate forms of return issued in accordance with regulation 10 to persons within his enumeration district.

        (3)  Subject to paragraphs (4) and (5), the enumerator shall examine each form of return which he has collected and satisfy himself that the entries thereon are properly and sufficiently made, and for that purpose he shall make all such inquiries of the persons concerned in completing the form, or of the persons with respect to whom the returns are made, as are reasonably necessary.

        (4)  The enumerator may open any envelope which was issued under regulation 10 to a person electing to make an individual return, unless that person has asked the enumerator not to open it, in which case the enumerator shall pass the envelope unopened to an assistant census officer or to the census officer.

        (5)  The enumerator shall not open any envelope which was issued under regulation 11 to a person making a return in respect of a private household and which is returned to him sealed, but shall instead pass the envelope unopened to an assistant census officer or to the census officer.

        (6)  An assistant census officer or the census officer may open any sealed envelope which has been passed to him from an enumerator in accordance with paragraph (4) or (5), and examine the form of return.

        (7)  If an assistant census officer or the census officer is not satisfied that the entries on a form of return are properly and sufficiently made, he may make all such inquiries of the persons concerned in completing the form, or of the persons with respect to whom the returns are made, as are reasonably necessary.

        (8)  The Registrar General shall make arrangements for the collection of completed forms of return made by persons on vessels mentioned in Groups IV and V in Schedule 1 to the Census Order and by persons in places mentioned in Group VI in that Schedule.
    Further duties of enumerators, assistant census officers and census officers
        14.—(1)  As soon after census day as is reasonably practicable, the enumerator shall complete the enumeration record book and any sections which he is required to complete in the forms of return which he has collected.

        (2)  When directed to do so by the census officer, the enumerator shall deliver to the census officer or to an assistant census officer the enumeration record book, all forms of return which he has collected and any other written record of any nature in his possession which contains any personal information which has been acquired in connection with the census.

        (3)  When directed to do so by the census officer, the assistant census officer shall deliver to the census officer all enumeration record books, forms of return and any other written records of any nature in his possession which contains any personal information which has been acquired in connection with the census.

        (4)  When directed to do so by the Registrar General, the census officer shall send to the Registrar General all completed enumeration record books relating to the enumeration districts within his census district, all forms of return and other written records delivered to him by enumerators or assistant census officers and any other written record of any nature in his possession which contains any personal information which has been acquired in connection with the census.
    Giving of information
        15.—(1)  Every prescribed person shall give to the enumerator such information as the enumerator may reasonably require for the performance of his duties under these Regulations.

        (2)  Every person in respect of whom it is the duty of a prescribed person to make a return shall give to that prescribed person such information as the prescribed person may reasonably require for that purpose, and shall give to the enumerator, assistant census officer or census officer such information as that officer may reasonably require for the performance of his duties under these Regulations.

        (3)  A person to whom information is given pursuant to the Census Order and these Regulations shall not without lawful authority—

      (a)  make use of that information, or

      (b)  publish it or communicate it to any other person, otherwise than for the purposes of the Act.

    Safe custody of forms and documents
        16.    Any person having the custody, whether on his own behalf or on behalf of any other person, of any forms of return, enumeration record books or other documents containing confidential information relating to a census shall keep such forms, books and other documents in such manner as to prevent any unauthorised person having access to them.
    Revocation
        17.    The Census (Scotland) Regulations 1980[3] are hereby revoked.



Michael B. Forsyth

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

21st February 1990




Notes:

[1] 1920 c. 41; section 3(1) was amended by virtue of the Rating and Valuation Act 1925 (c. 90), section 62(3) and S.I. 1968/1699. back

[2] S.I. 1990/243. back

[3] S.I. 1980/904. back

 

Explanatory Note


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