Statutory Instruments
CENSUS
Laid before Parliament in draft
Made
14th February 1990
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:–
1. This Order may be cited as the Census Order 1990.
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.
3. A census shall be taken for Great Britain on 21st April 1991.
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.
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).
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.
Article 4(3)
| (1) | (2) |
|---|---|
| Premises, vessel or other place | Persons |
| GROUP I | |
| Any 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). | Every person who– (a)spends census night in the dwelling or the part of the dwelling whether as a member of the household, guest, paying guest or boarder or as an employee of any such person; (b)arrives at the dwelling or the part of the dwelling at any time during the day immediately following census day but before the returns with respect to the persons in the dwelling are collected, who was in Great Britain at midnight ending census day and who has not been included as present in any other return; (c) not being a person to whom paragraph (a) or (b) above refers, is usually resident in the dwelling or the part of the dwelling but who does not spend census night there. |
| GROUP II | |
| Any hotel or boarding-house. | Every person who– (a)spends census night in the premises; (b)arrives at the premises at any time during the day immediately following census day but before the returns with respect to the persons in the premises are collected, who was in Great Britain at midnight ending census day and who has not been included as present in any other return. |
| GROUP III | |
| Any hospital, nursing home, religious or charitable community, residential school or college, civil prison or other place of detention or other residential establishment whatsoever, not being an establishment mentioned elsewhere in this Schedule. | Every person who– (a)spends census night in the premises; (b)arrives at the premises at any time during the day immediately following census day but before the returns with respect to the persons in the premises are collected, who was in Great Britain at midnight ending census day and who has not been included as present in any other return. |
| GROUP IV | |
| Any vessel, barracks, station or other premises under naval, military or air force discipline. | Every person who– (a)spends census night on the vessel or in the premises; (b)arrives at the vessel or premises at any time during the day immediately following census day but before the returns with respect to the persons on the vessel or in the premises are collected, who was in Great Britain at midnight ending census day and who has not been included as present in any other return. |
| GROUP V | |
| Any vessel not included in Group IV. | Every person who– (a)spends census night on the vessel; (b)arrives at the vessel at any time during the day immediately following census day but before the returns with respect to the persons on the vessel are collected, who was in Great Britain at midnight ending census day and who has not been included as present in any other return. |
| GROUP VI | |
| Any other place not included in the above Groups. | Every person who spends census night in any such place. |
Article 6(1), (2), (4) and (5)
1. Name and surname.
2. Sex.
3. Date of birth.
4. Whether single, married, widowed or divorced, and if married whether first or subsequent subsisting marriage.
5.—(a) For any person specified in column (2) of Group I, relationship to head of household or, where there are joint heads of the household, to the first head named in the return; or where there is no head or there are no joint heads of the household, to the first person named in the return; or if unrelated to the head or first named head or first person named in the return, position in household.
(b)For any person specified in column (2) of Groups II–V, position in establishment.
6. Whether, at midnight ending census day:–
(a)present in the dwelling or part of the dwelling occupied by the private household to which the return relates or travelling overnight to that dwelling or absent from that dwelling but intending to return to it after working overnight, or,
(b)if not present or absent as aforesaid, whether elsewhere in Great Britain or outside of Great Britain.
7. Usual residence, and, in respect of any student or schoolchild who does not reside at that usual residence during term time, the current or most recent term time address.
8. In respect of any person whose usual residence on 21st April 1990 was not the same as on census day, the usual residence on 21st April 1990.
9. Country of birth.
10. As regards ethnic group, whether:–
(a)white,
(b)black Caribbean,
(c)black African,
(d)of another black ethnic group, if so stating which,
(e)Indian,
(f)Pakistani,
(g)Bangladeshi,
(h)Chinese, or
(i)of any other ethnic group, if so stating which.
11. Whether suffering from any long-term illness, health problem or handicap which limits his daily activities or the work he can do.
12. In respect of any person aged 18 years or over, the academic, professional or vocational qualifications obtained after attaining that age, and for each qualification the subject or subjects in which the qualification was obtained, the name of the institution which awarded the qualification and the year the award was made.
13. In respect of any person aged 16 years or over, whether that person was at any time during the week preceding census day:–
(a)looking after the home or family;
(b)engaged in full-time remunerative work as an employed person, and for this purpose that person is engaged in full-time work as an employed person if he usually works more than 30 hours per week in any one such employment (the hours to be reckoned excluding overtime and meal breaks);
(c)engaged in part-time remunerative work as an employed person, and for this purpose that person is engaged in part-time work as an employed person if he usually works 30 hours or less per week in any one such employment (the hours to be reckoned excluding overtime and meal breaks);
(d)engaged in remunerative work as a self-employed person, and if so whether or not employing others;
(e)waiting to take up remunerative work already accepted;
(f)seeking remunerative work or prevented by temporary sickness or holiday from seeking remunerative work;
(g)permanently sick or disabled;
(h)wholly retired from remunerative work;
(i)at school or a full-time student (excluding training provided by an employer);
(j)receiving training or temporarily employed under arrangements made by the Secretary of State;
(k)occupied otherwise than as mentioned above, and if so how occupied,
and for the purpose of paragraphs (b), (c) and (d) above, a person shall be treated as being engaged in remunerative work during the week preceding census day notwithstanding that at any time during that week he was absent from work because he was engaged in a trade dispute, or because he was on holiday or incapable of work by reason of sickness, or because he was laid off work temporarily by his employer.
14.—(a) In respect of any person aged 16 years or over engaged in remunerative work at any time during the week preceding census day, in respect of the work or as the case may be the main work in that week:–
(i)the name and nature of business of employer if an employee, or, if self-employed, name of business of self-employed person and nature of that business;
(ii)occupation to which that work relates;
(iii)description of work done in that occupation;
(iv)the hours usually worked (excluding overtime and meal breaks);
(v)the address of the place of the work;
(vi)the main method of travel used for daily journey to the work, or whether working mainly at home.
(b)In respect of any person aged 16 years or over not engaged in remunerative work at any time during the week preceding census day, whether engaged in remunerative work at any time during the 10 years preceding census day, and if so, in respect of the most recent of such work, the particulars specified in paragraph 14(a)(i) to (iv).
15. Number of rooms occupied by the private household to which the return relates excluding any kitchen which is less than 2 metres wide, and excluding any bathroom and water closet.
16. Whether the living accommodation occupied by the private household to which the return relates is:–
(a)in a caravan or in any other mobile or temporary structure, or
(b)the whole of a house or bungalow, and if so whether detached, semi-detached or terraced, or
(c)the whole of a purpose built flat or maisonette, and if so, whether in a purpose built block of flats or maisonettes or in a commercial building, or
(d)part of a house, bungalow or flat, and if so:–
(i)whether the entrance to the house, bungalow or building which contains the flat is shared with any other household,
(ii)whether the accommodation consists of one room or more than one room (excluding any kitchen which is less than 2 metres wide and excluding any bathroom and water closet), and
(iii)whether the accommodation has, enclosed behind its own front door, the exclusive use of all the following, that is to say, kitchen facilities, bathroom or shower, and water closet.
17. Whether any person usually resident in the accommodation to which the return relates:–
(a)(i)In England and Wales, owns the freehold of the accommodation or has a lease of it for a term exceeding 21 years, and if so whether the accommodation is subject to a mortgage or legal charge executed at the time that that person acquired the freehold or leasehold interest and for the purpose of enabling him to do so, or
(ii)in Scotland, owns the dominium utile of the accommodation or has a lease of it for a term exceeding 20 years and if so whether the accommodation is subject to a heritable security granted at the time that that person acquired the dominium utile or the lease and for the purpose of enabling him to do so;
(b)occupies the accommodation pursuant to a lease which in England and Wales is for a term of 21 years or less or which in Scotland is for a term of 20 years or less, or rent free or at a rental, either:–
(i)by virtue of the employment of that person, or with a shop, farm or other business,
(ii)from a local authority,
(iii)from a new town development corporation, the Commission for the New Towns or a housing action trust,
(iv)from a housing association or charitable trust,
(v)from Scottish Homes, or
(vi)from any other person or body, and if so whether furnished or unfurnished; or
(c)occupies the accommodation in some other way, and if so stating the nature of that occupation.
18. Whether the private household to which the return relates:–
(a)has the use of:–
(i)a bath or shower and if so whether such use is exclusive or shared;
(ii)a water closet with entrance inside the building and
if so, whether such use is exclusive or shared, and
if not, whether it has the use of a water closet with entrance outside the building;
(b)has central heating in the living rooms and bedrooms, and if so whether in all such rooms or not.
19. The number of cars and vans normally available for the use of the members of the private household to which the return relates.
20. In respect of any person aged 3 years or over, whether:–
(a)speaking Welsh;
(b)reading Welsh;
(c)writing Welsh.
21. In respect of any person aged 3 years or over, whether able to:–
(a)speak Scottish Gaelic;
(b)read Scottish Gaelic;
(c)write Scottish Gaelic.
22. In respect of any dwelling, or part of a dwelling, occupied by the private household to which the return relates, the lowest floor level on which any of the household’s living accommodation is situated.
Article 6(3)
1. Name.
2. Nature of premises.
3. Number of rooms in the premises other than kitchens, bathrooms, water closets and rooms used as offices or for storage.
(This note is not part of the Order)
This Order provides for the taking of a census for Great Britain on 21st April 1991. The Order specifies the persons by whom and with respect to whom the census returns are to be made and sets out the particulars to be stated in the returns.
The Order implements the European Community Council Directive of 26th May 1987 on the synchronization of general population censuses in 1991 (87/287/EEC).