The Census (England and Wales) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the taking of a census for England and Wales on 21st March 2021. 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.

Article 2 defines various terms used in the Order, including “usual resident” and “reckonable visitor”. A person is a “usual resident” of an address in Groups A to F in Schedule 1 if they meet the criteria for that Group set out in paragraph (2) of that Article. A person is a “reckonable visitor” at an address if they stay overnight at that address on census night but do not qualify as a “usual resident” at that address, or if they are a visitor from outside the United Kingdom and intend to stay for less than 3 months.

Article 4 provides that a return must be made in respect of all usual residents who are alive at midnight at the end of census day, plus any other persons who are present in England and Wales on census night. Usual residents of a home address need not make a return if they are away from home for 6 months continuously from census day, or away from home for 12 months continuously if they are abroad.

Article 5 sets out who must make a return. These are persons who live by themselves, householders (as defined), any member of a household who has requested an individual return, every usual resident of addresses in Groups B to F in Schedule 1, every person specified in relation to Group G of Schedule 1 to the Order, and, where a home is occupied exclusively by visitors, the persons who would normally be the usual residents of the home. Article 5 also makes provision for others to be authorised to make returns on behalf of someone else, including in cases of incapacity. Article 5 also provides that the person in charge of a premises or vessel specified in Groups B to F in Schedule 1 must make a return giving the particulars set out in Schedule 3.

Article 6 sets out the specific particulars that must be provided by each person making a return. It also specifies the particulars that are not required to be stated in relation to persons below certain years of age on census day.

The particulars to be stated in returns are listed in Schedule 2. The particulars in italics in that schedule are particulars that relate to the matters specified in paragraph 6 of the Schedule to the Census Act 1920 (c.41).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.