Statistics and Registration Service Act 2007

42 Information relating to births and deaths etc U.K.

(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);

[F1 (d) any information—

(i) entered in the marriage register under section 53D(10)(a) of the Marriage Act 1949, or

(ii) entered in any marriage register book kept under the Marriage Act 1949;]

(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.

[F2 (ea) any information recorded under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section on the conversion of a civil partnership into a marriage;]

[F3 (f) any other information received by the Registrar General in relation to any marriage or civil partnership.]

(3) In subsection (2)(b) “birth” has the same meaning as in the Births and Deaths Registration Act 1953.

[F4 (4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if—

(a) the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or

(b) the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service.

(4A) Those persons are—

(a) the Secretary of State,

(b) the Welsh Ministers,

(c) [F5 NHS England],

[F6 (d) an integrated care board,]

(e) a local authority,

(f) a Local Health Board,

(g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,

(h) the National Institute for Health and Care Excellence,

F7 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) a Special Health Authority,

(k) the Care Quality Commission, and

(l) such other persons as the appropriate authority may specify in a direction given for the purposes of this section.

(4B) For the purposes of subsection (4A)(l), the appropriate authority is—

(a) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and

(b) in any other case, the Secretary of State.]

(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.

[F8 (5A) A direction under subsection (4A)(l) must be given by an instrument in writing.

(5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

(5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.]

(6) In subsection (4) “health service” has the same meaning as in the National Health Service Act 2006 (c. 41).

[F9 (7) In subsection (4A)—

• [F10 “integrated care board”] and “Special Health Authority” have the same meaning as in the National Health Service Act 2006;

• “local authority” has the same meaning as in section 2B of that Act of 2006. ]

Textual Amendments

F1 S. 42(2)(d) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 60 (with Sch. 2)

F2 S. 42(2)(ea) inserted (E.W.) (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 13

F3 S. 42(2)(f) inserted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 33

F4 S. 42(4)-(4B) substituted for s. 42(4) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(2), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 42(4A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 S. 42(4A)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 156(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7 S. 42(4A)(i) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 12 (with reg. 3)

F8 S. 42(5A)-(5C) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(3), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 S. 42(7) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(4), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 42(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 156(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I1 S. 42 in force at 1.4.2008 by S.I. 2008/839, art. 2