The Census (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 143

Census

The Census (Scotland) Regulations 2020

Made

5th May 2020

Laid before the Scottish Parliament

7th May 2020

Coming into force

16th June 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 3(1) of the Census Act 1920 M1 and all other powers enabling them to do so.

Marginal Citations

M1 1920 c.41. Section 3(1) is relevantly amended by the Statute Law (Repeals) Act 1993 (c.50), schedule 1, Part 16, paragraph 1 and the Statistics and Registration Service Act 2007 (c.18), schedule 1, paragraph 3(2) and (3).

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Census (Scotland) Regulations 2020 and come into force on 16 June 2020.

(2) They extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 16.6.2020, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations—

“the Census Order” means the Census (Scotland) Order 2020 M2 ,

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

Commencement Information

I2 Reg. 2 in force at 16.6.2020, see reg. 1(1)

Marginal Citations

M2 S.S.I. 2020/76.

Methods of making a return S

3.—(1) A return mentioned in article 5(1) or (2) of the Census Order is to be made by submitting—

(a) an A1 submission,

(b) an A2 submission, or

(c) an A3 submission.

(2) A return mentioned in article 5(9) or (11) of the Census Order is to be made by submitting—

(a) an A1 submission or an A3 submission, each as modified by paragraph (3), or

(b) an A2 submission as modified by paragraph (4).

(3) In the case of an A1 submission or an A3 submission those modifications are that—

(a) in column (1) of the thirteenth row of the table set out in schedule 1 (electronic questionnaire – household questions) the words “only this household can use” are to be read as “is only for use with this accommodation”,

(b) in column (1) of the fourteenth row of the table set out in schedule 1 the words “only by this household” are to be read as “in this accommodation”.

(4) In the case of an A2 submission those modifications are that—

(a) in the section titled “Declaration” on the first page of the questionnaire the word “Signature(s)” is to be read as “Sign and print full name”,

(b) the questionnaire is to be read as if questions H1, H2, H6, H11 to H15, and “individual questions – person 1” to “individual questions – person 5” were omitted,

(c) in question H8 of the questionnaire the words “only this household can use” are to be read as “is only for use with this accommodation”,

(d) in question H9 of the questionnaire the words “only by this household” are to be read as “in this accommodation”.

(5) In paragraph (4) “the questionnaire” means the questionnaire set out in schedule 5 (paper household questionnaire).

(6) A return mentioned in article 5(5)(b) of the Census Order is to be made by submitting—

(a) a B1 submission,

(b) a B2 submission, or

(c) a B3 submission.

(7) A return mentioned in article 5(6) of the Census Order is to be made by submitting—

(a) a C1 submission,

(b) a C2 submission, or

(c) a C3 submission.

(8) A return mentioned in article 5(7) or (8) of the Census Order is to be made by submitting—

(a) a D1 submission,

(b) a D2 submission, or

(c) a D3 submission.

(9) But sub-paragraphs (a) and (c) of paragraph (8) do not apply in relation to a person in Group V (within the meaning of the Census Order).

(10) A person submitting an A1 submission, an A3 submission, a B1 submission, a B3 submission, a C1 submission, a C3 submission, a D1 submission, or a D3 submission in accordance with this regulation must comply with the instructions in column (2) of the table set out in (as the case may be) schedule 1, 2, 3, or 4.

(11) A person submitting an A2 submission, a B2 submission, a C2 submission, or a D2 submission in accordance with this regulation must comply with the instructions contained in the questionnaire set out in (as the case may be) schedule 5, 6, 7, or 8.

(12) A submission is submitted in accordance with this regulation, and the requirement to make a return under the Census Order is discharged, when the submission—

(a) states the particulars required by article 6 of the Census Order,

(b) records the declaration of the person making the return as to the accuracy of the return, and

(c) is received by the Registrar General.

(13) A submission under any of paragraphs (1), (2), and (6) to (8) must be submitted to the Registrar General by 2 May 2021 or as soon thereafter as is reasonably practicable.

(14) For the purpose of making it easier for a person submitting an A1 submission, an A3 submission, a B1 submission, a B3 submission, a C1 submission, a C3 submission, a D1 submission, or a D3 submission to understand the questions, instructions, and response options contained in the table set out in (as the case may be) schedule 1, 2, 3, or 4, the Registrar General may do either or both of the following—

(a) modify any of the questions, instructions, and response options set out in schedule 1, 2, 3, or 4,

(b) translate the questions, instructions and response options set out in schedule 1, 2, 3, or 4.

(15) The Registrar General may modify a questionnaire set out in (as the case may be) schedule 5, 6, 7, or 8 for the purpose of making it easier for a person submitting an A2 submission, a B2 submission, a C2 submission, or a D2 submission to understand or use that questionnaire.

(16) In this regulation—

• “A1 submission”, means a submission made using an electronic system provided by the Registrar General responding to the relevant questions, instructions, and response options set out in schedule 1 and schedule 2 (electronic questionnaire – household individual questions),

• “A2 submission” means a submission made using the questionnaire set out in schedule 5 and, if relevant, a continuation questionnaire, and returned to the Registrar General using a pre-paid, pre-addressed envelope provided by the Registrar General,

• “A3 submission” means a submission made by telephone by providing responses to a telephone operator to the relevant questions, instructions, and response options set out in schedule 1 and schedule 2,

• “B1 submission”, means a submission made using an electronic system provided by the Registrar General, responding to the relevant questions, instructions, and response options set out in schedule 2,

• “B2 submission” means a submission made using the questionnaire set out in schedule 6 (paper household individual questionnaire) and returned to the Registrar General using a pre-paid, pre-addressed envelope provided by the Registrar General,

• “B3 submission” means a submission made by telephone by providing responses to a telephone operator to the relevant questions, instructions, and response options set out in schedule 2,

• “C1 submission” means a submission made using an electronic system provided by the Registrar General, responding to the questions, instructions, and response options set out in schedule 3 (electronic questionnaire - communal establishment),

• “C2 submission” means a submission made using the questionnaire set out in schedule 7 (paper communal establishment questionnaire),

• “C3 submission” means a submission made by telephone by providing responses to a telephone operator to the questions, instructions, and response options set out in the table in schedule 3,

• “continuation questionnaire” means a booklet provided by the Registrar General to enable a return mentioned in article 5(2) of the Census Order to be made with respect to more than five persons in Group I (within the meaning of the Census Order),

• “D1 submission”, means a submission made using an electronic system provided by the Registrar General, responding to the relevant questions, instructions, and response options set out in schedule 4 (electronic questionnaire - communal establishment - individual questions),

• “D2 submission” means a submission made using the questionnaire set out in schedule 8 (paper communal establishment individual questionnaire),

• “D3 submission” means a submission made by telephone by providing responses to a telephone operator to the relevant questions, instructions, and response options set out in the table in schedule 4,

• “relevant questions, instructions and response options” in relation to a numbered schedule means the questions in column (1) of the table in that schedule to which a person making a return is required to respond so as to state the particulars required by article 6 of the Census Order, together with the corresponding instructions in column (2) and response options in column (3) of that table,

• “telephone operator” means a person employed for the purposes of the census directed to be taken by the Census Order to, among other things, record, in an electronic system provided by the Registrar General, the responses of a person making an A3 submission, a B3 submission, a C3 submission or a D3 submission.

Commencement Information

I3 Reg. 3 in force at 16.6.2020, see reg. 1(1)

Duties on persons in charge of communal establishments S

4.—(1) This regulation applies where a person (“P”) is required to make a return under article 5(6) of the Census Order and has received access codes or paper questionnaires from the Registrar General in respect of returns to be made under article 5(7) of the Census Order.

(2) P must issue an access code or paper questionnaire to every person within the premises required to make a return by article 5(7) of the Census Order.

(3) Paragraph (2) does not apply in respect of any person who appears to P to be—

(a) aged under 16 years, or

(b) for any other reason, incapable of making a return.

(4) Where P has issued paper questionnaires under paragraph (2), P must collect the completed questionnaires and deliver them to the Registrar General by 2 May 2021 or as soon thereafter as is reasonably practicable.

(5) In this regulation—

“access code” means a code provided by the Registrar General for use by a person required to make a return under article 5(7) of the Census Order, other than a person within Group V (within the meaning of the Census Order), to access the electronic system provided by the Registrar General containing the questions, instructions, and response options set out in schedule 4,

“completed questionnaire” means a paper questionnaire which states the particulars required to be specified by article 6(1) and (5) of the Census Order in respect of the person making the return,

“paper questionnaire” means the questionnaire set out in schedule 8.

Commencement Information

I4 Reg. 4 in force at 16.6.2020, see reg. 1(1)

Giving of information S

5.—(1) Where a person (“A”) is required by article 5(2), (6), (7), (8), (9), or (11) of the Census Order to make a return in respect of another person (“B”), B must give to A such information as A may reasonably require to make that return.

(2) But A may not require B to give information with respect to B's age or sex for the purposes of A stating the particulars specified in paragraph 2 of schedule 3 of the Census Order in a return mentioned in article 5(6) of the Census Order.

Commencement Information

I5 Reg. 5 in force at 16.6.2020, see reg. 1(1)

Misuse of information S

6.  A person to whom information is given pursuant to the Census Order or these Regulations must not, other than for the purposes of the Census Act 1920, the Census Order, or these Regulations—

(a) use that information,

(b) publish it, or

(c) communicate it to any other person.

Commencement Information

I6 Reg. 6 in force at 16.6.2020, see reg. 1(1)

Revocation S

7.  The following instruments are revoked—

(a) the Census (Scotland) Regulations 2010 M3 , and

(b) the Census (Scotland) Amendment Regulations 2010 M4 .

Commencement Information

I7 Reg. 7 in force at 16.6.2020, see reg. 1(1)

Marginal Citations

M3 S.S.I. 2010/211 as amended by S.S.I. 2010/215.

M4 S.S.I. 2010/215.

KATE FORBES

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulation 3(16)

SCHEDULE 1 S Electronic Questionnaire - Household Questions

Commencement Information

I8 Sch. 1 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 2 S Electronic Questionnaire – Household Individual Questions

Commencement Information

I9 Sch. 2 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 3 S Electronic Questionnaire – Communal Establishment

Commencement Information

I10 Sch. 3 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 4 S Electronic Questionnaire - Communal Establishment - Individual Questions

Commencement Information

I11 Sch. 4 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 5 S Paper Household Questionnaire

Commencement Information

I12 Sch. 5 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 6 S Paper Household Individual Questionnaire

Commencement Information

I13 Sch. 6 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 7 S Paper Communal Establishment Questionnaire

Commencement Information

I14 Sch. 7 in force at 16.6.2020, see reg. 1(1)

Regulation 3(16)

SCHEDULE 8 S Paper Communal Establishment Individual Questionnaire

Commencement Information

I15 Sch. 8 in force at 16.6.2020, see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Census Act 1920. They are made for the purpose of enabling the Census (Scotland) Order 2020 (“the Order”) to be carried into effect.

Regulation 3 sets out how a person required to make a return under the Order can make that return and when their obligation is discharged. It introduces schedules 1 to 4 which set out the questions, instructions and response options that a person making a return will be required to respond to if making a return online or by telephone, and schedules 5 to 8 which contain the questionnaires that a person making a return on paper will be required to use. The questions, instructions and response options in schedules 1 to 4 may be modified or translated for the purpose of making it easier for a person making a return to understand those questions, instructions and response options. The Registrar General may also modify the questionnaires in schedules 5 to 8 may for the purpose of making those questionnaires easier for a person making a return to understand or use.

Regulation 4 places duties on persons in charge of communal establishments to pass on access codes for online returns or paper questionnaires to those in their establishment required to make a return. (These access codes and questionnaires will have been provided by the Registrar General.) It also places a duty on those persons to collect completed paper questionnaires and deliver them to the Registrar General.

Regulation 5 imposes a duty to provide information reasonably required by the person obliged to make a census return to enable them to do so.

Regulation 6 provides that information given for census purposes must not be used, published or communicated other than for the purpose of the Census Act 1920, the Order or these Regulations.

Regulation 7 revokes the Census (Scotland) Regulations 2010 and the Census (Scotland) Amendment Regulations 2010.