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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Census Regulations (Northern Ireland) 2010 No. 218 URL: http://www.bailii.org/nie/legis/num_reg/2010/nisr_20100218_en_1.html |
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Made
17th June 2010
Coming into operation
26th July 2010
1. These Regulations may be cited as the Census Regulations (Northern Ireland) 2010 and shall come into operation on 26th July 2010.
2.–(1) In these Regulations–
"the Act" means the Census Act (Northern Ireland) 1969;
"the address register" means the register, prepared by the Registrar General, which contains the address of each household and communal establishment in Northern Ireland of which the Registrar General is aware;
"the census" means the census directed to be taken by the Census Order;
"census area" means an area created under regulation 4(2)(b);
"census area manager" means a person appointed under regulation 5(1)(b);
"census enumerator" means a person appointed under regulation 5(1)(d);
"census officer" means an officer appointed under regulation 5(1);
"the Census Order" means the Census Order (Northern Ireland) 2010(3);
"census team co-ordinator" means a person appointed under regulation 5(1)(c);
"communal establishment" means any establishment specified in Groups B to F of column 1 of Schedule 1 to the Census Order;
"communal establishment pack" means a pack containing the items specified in regulation 7(6);
"elector" means a person who elects to make an individual return in accordance with regulation 6(4);
"enumeration district" means a district created under regulation 4(1);
"household pack" means a pack containing the items specified in regulation 7(5);
"individual return envelope" means an envelope in which a completed questionnaire I4 may be sealed;
"personal census information" has the meaning given to that term in section 7(9) of the Census Act (Northern Ireland) 1969;
"prescribed person" means a person required by the Census Order to make a return or any person making a return on behalf of such a person in accordance with the Census Order;
"questionnaire identification marks" means a barcode which is unique to each particular questionnaire and the corresponding reference number which the barcode represents;
"the questionnaire tracking system" means such an electronic system as the Registrar General may provide under regulation 6(7);
"regional manager" means a person appointed under regulation 5(1)(a);
"Registrar General" means the Registrar General for Northern Ireland;
"regular individual pack" means a pack containing the items specified in regulation 7(3);
"reply-paid envelope" means an envelope which is pre-addressed and which does not require payment by the sender;
"reply-paid individual pack" means a pack containing the items specified in regulation 7(4).
(2) In these Regulations any reference to a notice, questionnaire or other information received by the Registrar General refers to it being received in person by the Registrar General, a census enumerator or other such census officer, through the post or electronically.
(3) In these Regulations a reference to a questionnaire where it is followed immediately by an identifying letter is a reference to the questionnaire which is identified by that letter and which is referred to in the table in Schedule 1 and set out in any of Schedules 2 to 4 or a questionnaire to the like effect.
3. The Census Regulations (Northern Ireland) 2000(4) are revoked.
4.–(1) For the purposes of the census, the Registrar General shall divide Northern Ireland into enumeration districts.
(2) The Registrar General may designate–
(a) any number of adjoining enumeration districts as a census team co-ordinator area; and
(b) any number of adjoining census team co-ordinator areas as a census area.
5.–(1) For the purpose of the census–
(a) the Registrar General may appoint a regional manager for Northern Ireland;
(b) the Register General or the regional manager may appoint a census area manager for any area designated under regulation 4(2)(b);
(c) the Registrar General, the regional manager or the census area manager may appoint for a census team co-ordinator area such number of census team co-ordinators as the Registrar General may specify as being necessary for that census team co-ordinator area;
(d) the Registrar General, the regional manager or the census area manager may appoint a census enumerator for each enumeration district;
(e) the Registrar General, the regional manager or the census area manager may appoint such other persons as may be necessary for the taking of the census.
(2) The persons appointed under this regulation must perform the duties assigned to them under the Act and these Regulations and must comply with any instructions issued in accordance with these Regulations.
6.–(1) The duty of a prescribed person to make a return, set out in the Census Order, will only be discharged when a completed questionnaire has been received by the Registrar General.
(2) The questionnaire to be returned by a prescribed person mentioned in column (1) of the table in Schedule 1, must be the questionnaire that has the title specified in the corresponding entry in column (2) of that table and is set out under that title in Schedules 2 to 4.
(3) Each prescribed person must comply with the instructions contained in the questionnaire to be returned by them and provide such information as is requested in the questionnaire and which they are required to provide by the Census Order.
(4) A person who satisfies the conditions prescribed in article 5(5) of the Census Order and who elects, by giving notice which is received by the Registrar General, to complete an individual return may make that return on questionnaire I4.
(5) Each elector who returns questionnaire I4 must comply with the instructions contained in questionnaire I4 and provide all such information as is required in that questionnaire.
(6) Every questionnaire must have the questionnaire identification marks printed on it and in the case of each questionnaire H4 and I4 must also have an internet access code printed on it which is unique to each particular questionnaire and will be used if the prescribed person returns the information requested in the questionnaire electronically.
(7) The Registrar General may provide an electronic system for keeping records of–
(a) the questionnaire identification marks for each questionnaire;
(b) the internet access code for each questionnaire H4 and I4;
(c) the household or communal establishment to which each questionnaire has been sent or delivered in accordance with these Regulations;
(d) the circumstances of the delivery of each regular individual, reply-paid individual, household and communal establishment pack delivered by a census enumerator or other such census officer;
(e) the date on which each questionnaire received by the Registrar General was received and the means by which it was received;
(f) the date on which any record is made in accordance with regulation 11(6) or 14(7) and the prescribed person with respect to whom it was made; and
(g) any other information which the Registrar General considers may assist with the conduct of the census.
7.–(1) The Registrar General must prepare such regular individual, reply-paid individual, household and communal establishment packs in accordance with this regulation as the Registrar General considers necessary for the purpose of the census.
(2) The contents of each pack prepared in accordance with this regulation must be contained in a sealed envelope (a "delivery envelope"), through which any address printed on the questionnaire can be seen.
(3) The delivery envelope for a regular individual pack must contain–
(a) a copy of questionnaire I4;
(b) such additional information as the Registrar General considers may assist with the completion and return of questionnaire I4; and
(c) an individual return envelope.
(4) The delivery envelope for a reply-paid individual pack must contain–
(a) a copy of questionnaire I4;
(b) such additional information as the Registrar General considers may assist with the completion and return of questionnaire I4; and
(c) a reply-paid envelope.
(5) The delivery envelope for a household pack must contain–
(a) a copy of questionnaire H4;
(b) such additional information as the Registrar General considers may assist with the completion and return of questionnaire H4; and
(c) a reply-paid envelope.
(6) The delivery envelope for a communal establishment pack must contain–
(a) a copy of questionnaire CE4; and
(b) such additional information as the Registrar General considers may assist with the completion and return of questionnaire CE4.
8.–(1) Subject to paragraph (2), the Registrar General must send a household pack to each household in the address register by post in advance of census day.
(2) The Registrar General may choose not to send a household pack by post, but instead to prepare for the relevant census team co-ordinator or other such census officer to arrange delivery of that pack in accordance with regulation 9.
(3) The Registrar General may send a reply-paid individual pack to any elector at an address in the address register by post.
(4) In respect of each pack sent in accordance with paragraph (1) or (3), the Registrar General must ensure that a record is made in the questionnaire tracking system to show that the particular household or reply-paid individual pack has been sent and the address to which it has been sent.
9.–(1) The Registrar General must issue every census team co-ordinator or other such census officer with–
(a) such household packs and reply-paid individual packs as the Registrar General considers necessary for the purpose of the census;
(b) a list that contains the addresses of each household in the address register situated within that census team co-ordinator or other such census officer´s area to which a household pack must be delivered under this regulation;
(c) an enumeration record book for each enumeration district within that census team co-ordinator or other such census officer´s area; and
(d) such other documents or information as the Registrar General considers necessary for the purpose of the census.
(2) The census team co-ordinator or other such census officer must designate a census enumerator or other such census officer to deliver household packs and reply-paid individual packs to each enumeration district.
(3) The census team co-ordinator or other such census officer must supply each census enumerator or other such census officer designated under paragraph (2) with a copy of the enumeration record book for their enumeration district and the census enumerator or other such census officer must then deliver–
(a) a household pack to each household occupying a dwelling, or part of a dwelling, mentioned in the enumeration record book;
(b) a reply-paid individual pack to each household that contains an elector in the census enumerator or other such census officer´s enumeration district who has not already received a reply-paid individual pack and of whom the census enumerator or other such census officer has been informed by the census team co-ordinator or other such census officer; and
(c) household and reply-paid individual packs (as appropriate) to any other households or electors that are located by the census enumerator or other such census officer in their enumeration district.
(4) The census enumerator or other such census officer´s duty to deliver a pack under paragraph (3) will be satisfied in respect of each household and elector if the census enumerator or other such census officer hands the pack to the householder, joint householder or, where no such person is available if the census enumerator or other such census officer–
(a) leaves a pack for the householder or joint householder with some person apparently over the age of sixteen; or
(b) where no such person is available, leaves the pack at or sends it by post to the address in the enumeration record book or the address of which the census enumerator or other such census officer was informed by the census team co-ordinator or other such census officer.
(5) In respect of each household or reply-paid individual pack delivered in accordance with this regulation the census enumerator or other such census officer must make a record in the appropriate place in the enumeration record book.
(6) Each census enumerator or other such census officer must provide the records in the enumeration record book to the census team co-ordinator or other such census officer who must make a record in the questionnaire tracking system, in accordance with directions as may be issued by the Registrar General, to show that a delivery has been made to each address.
(7) Nothing in this regulation shall prevent a census enumerator or other such census officer from being designated to deliver to more than one enumeration district.
(8) In this regulation "enumeration record book" means a book printed by the Registrar General containing–
(a) the addresses of households within an enumeration district to which a census enumerator or other such census officer must hand deliver household packs;
(b) the questionnaire identification marks for each questionnaire H4 to be delivered to those addresses; and
(c) space for a census enumerator or other such census officer to record information about–
(i) any additional households located by the census enumerator or other such census officer; and
(ii) the delivery of each household and reply-paid individual pack.
10.–(1) The Registrar General must issue every census team co-ordinator or other such census officer with–
(a) such communal establishment and regular individual packs as the Registrar General considers necessary for the purpose of the census;
(b) a list that contains the addresses of each communal establishment situated within that census team co-ordinator or other such census officer´s area to which packs need to be delivered under this regulation;
(c) a communal establishment enumeration record book for each census team co-ordinator´s or other such census officer´s area; and
(d) such other documents or information as the Registrar General considers necessary for the purpose of the census.
(2) The census team co-ordinator or other such census officer may, if deemed necessary, designate a census enumerator or other such census officer to deliver communal establishment packs and regular individual packs to each enumeration district.
(3) The census team co-ordinator or other such census officer designated under paragraph (2) must deliver–
(a) a communal establishment pack to each communal establishment mentioned in the communal establishment enumeration record book;
(b) a sufficient number of regular individual packs to each of those establishments for the purpose of the census; and
(c) communal establishment and regular individual packs to any other communal establishments in their census team co-ordinator area that are located by the census enumerator or other such census officer.
(4) The census team co-ordinator or other such census officer´s duty to deliver packs will be satisfied in relation to each communal establishment if the packs are delivered to the person for the time being in charge of the communal establishment, or where no such person is available, if the census team co-ordinator or other such census officer–
(a) leaves them with a responsible person who claims to act on behalf of that person; or
(b) where no responsible person is available, leaves them at the address set out in the communal establishment enumeration record book.
(5) The person to whom packs are delivered under paragraph (3) must hand a regular individual pack to–
(a) every person who is usually resident at the premises or vessel who appears to them to be capable of completing the questionnaire; or
(b) to a relative or other person who will complete the questionnaire on behalf of a person who is covered by sub-para (a) but is incapable of completing the questionnaire in accordance with the Census Order.
(6) In respect of each communal establishment and regular individual pack delivered in accordance with this regulation, the census team co-ordinator or other such census officer must make a record in the appropriate place in the communal establishment enumeration record book.
(7) Each census enumerator or other such census officer must provide the records in the communal establishment enumeration record book to the census team co-ordinator or other such census officer who must make a record in the questionnaire tracking system, in accordance with such directions as may be issued by the Registrar General, to show that a delivery has been made to each address.
(8) Nothing in this regulation shall prevent a census enumerator or other such census officer from being designated to deliver to more than one enumeration district.
(9) In this regulation and in regulation 12, "communal establishment enumeration record book" means a book printed by the Registrar General containing–
(a) the addresses of each communal establishment within a census team co-ordinator´s or other such census officer´s area to which a census team co-ordinator or other such census officer must hand deliver communal establishment and regular individual packs;
(b) the questionnaire identification marks for each questionnaire CE4 to be delivered within a census team co-ordinator´s area;
(c) the questionnaire identification marks for each questionnaire I4 to be delivered to a specific communal establishment in a census team co-ordinator´s area; and
(d) space for a census team co-ordinator or other such census officer to record information about–
(i) any additional communal establishments located by the census team co-ordinator or other such census officer;
(ii) the delivery of each communal establishment and regular individual pack; and
(iii) the collection of questionnaires.
11.–(1) Every prescribed person to whom a household pack has been delivered or on whose behalf delivery was taken under these Regulations must, on census day or as soon after as is reasonably practicable–
(a) complete the copy of questionnaire H4 included in the pack, place it in the reply-paid envelope provided and send the questionnaire to the Registrar General by post; or
(b) return the information requested by questionnaire H4 electronically using such an electronic system as the Registrar General may provide for this purpose and in accordance with the instructions included in the accompanying pack.
(2) Every elector to whom a reply-paid individual pack has been delivered or on whose behalf delivery was taken under these Regulations must, on census day or as soon after as is reasonably practicable–
(a) complete the copy of questionnaire I4 included in the pack, place it in the reply-paid envelope provided and send the questionnaire to the Registrar General by post; or
(b) return the information requested by questionnaire I4 electronically using such an electronic system as the Registrar General may provide for this purpose and in accordance with any additional instructions included in the accompanying pack.
(3) As soon as possible after each completed questionnaire I4 or H4 has been received by the Registrar General, the Registrar General must make a record in the questionnaire tracking system to show that the relevant questionnaire has been returned.
(4) When a completed questionnaire I4 or H4 has been received by the Registrar General electronically, the Registrar General must ensure that a confirmation of receipt is sent electronically to the person returning the questionnaire.
(5) Where a census officer is satisfied, having spoken with a prescribed person for the purposes of articles 5(1) or (3) of the Census Order, that the prescribed person in question–
(a) is incapable of completing and returning a questionnaire; and
(b) is unable to authorise any person to act on their behalf,
then the census officer may, in accordance with instructions issued by the Registrar General, make enquiries about the particulars which that prescribed person would be required by the Census Order to provide and record the answers to those enquiries which may be used for the purpose of the census.
(6) As soon as possible after a census officer makes a record in accordance with paragraph (5), the Registrar General must make a record in the questionnaire tracking system to show that a record under paragraph (5) has been made in respect of that prescribed person.
12.–(1) Every prescribed person to whom packs have been delivered at a communal establishment or on whose behalf delivery was taken under these Regulations must complete questionnaire CE4 on census day or as soon after as is reasonably practicable.
(2) Every prescribed person who has been handed a regular individual pack under regulation 10 (5) must on census day or as soon after as is reasonably practicable–
(a) complete questionnaire I4, place it in the individual return envelope provided and hand it to the person completing questionnaire CE4 in respect of the communal establishment; or
(b) return the information requested by questionnaire I4 electronically using such an electronic system as the Registrar General may provide for this purpose and in accordance with any additional information included in the accompanying pack.
(3) The person completing questionnaire CE4 in respect of a communal establishment must collect all the copies of questionnaire I4 handed over in accordance with paragraph (2)(a) and keep them safe, together with the completed questionnaire CE4, until the questionnaires are collected by a census team co-ordinator or other such census officer in accordance with paragraph (4).
(4) The census team co-ordinator or other such census officer may make arrangements for a census enumerator or other such census officer to collect the completed copies of questionnaire I4 and CE4 from each communal establishment.
(5) In respect of each questionnaire I4 and CE4 collected in accordance with this regulation the census team co-ordinator or other such census officer must make a record in the appropriate place in the communal establishment enumeration record book for that census team co-ordinator area.
(6) The census enumerator or other such census officer must pass the questionnaires collected under paragraph (4) and the records prepared under paragraph (5) to the census team co-ordinator or other such census officer who must make a record in the questionnaire tracking system, in accordance with directions issued by the Registrar General, to show that questionnaires have been received from that address.
(7) When a completed questionnaire I4 has been received by the Registrar General electronically, the Registrar General must ensure that a confirmation of receipt is sent electronically to the person returning the questionnaire.
13. The census team co-ordinator or other such census officer must, in accordance with any instructions issued by the Registrar General, make arrangements in their census team co-ordinator area for–
(a) questionnaire I4 to be completed and returned by or on behalf of the prescribed persons in Group G in Schedule 1 to the Census Order in that census team co-ordinator area; and
(b) questionnaire CE4 to be completed in respect of any group of prescribed persons in Group G by or on behalf of whom questionnaires are returned under paragraph (a).
14.–(1) The Registrar General must check the records in the questionnaire tracking system to establish whether each questionnaire that was sent or delivered in accordance with these Regulations has been received by the Registrar General.
(2) The Registrar General must then issue every census team co-ordinator or other such census officer with a list that contains the addresses in each enumeration district in their census area to which a questionnaire was sent or delivered but was not returned.
(3) Each census team co-ordinator or other such census officer must supply census enumerators or other such census officers appointed to act in their census area with copies of the list created under paragraph (2) and instruct those census enumerators or other such census officers to make such enquiries as they think are reasonable of any person to obtain the particulars which the Census Order requires any prescribed person to provide.
(4) Where a census enumerator or other such census officer has made enquiries under paragraph (3) of a prescribed person in respect of whom no questionnaire has been received the census enumerator or other such census officer may–
(a) collect a completed questionnaire; or
(b) agree that the completed questionnaire may be returned by posting it in the reply-paid envelope provided; or
(c) deliver a replacement questionnaire and make such arrangements for the collection of the questionnaire as the census enumerator or other such census officer thinks fit.
(5) Where a questionnaire is received by the Registrar General following enquiries under this regulation, the Registrar General must make a record in the questionnaire tracking system to show that a questionnaire has been received.
(6) Where a questionnaire is received by the Registrar General but does not include some or all of the particulars which the prescribed person was required by the Census Order to provide then any census officer may, in accordance with any directions which may be issued by the Registrar General, make such enquiries as they think are reasonable of any person to obtain the missing particulars and record the answers to those enquiries which may be used for the purpose of the census.
(7) As soon as possible after any census officer makes a record in accordance with paragraph (6), the Registrar General must make a record in the questionnaire tracking system to show that such a record has been made in respect of that prescribed person.
15.–(1) Every person with respect to whom a return is to be made under the Census Order must give the prescribed person who is liable to make a return such information, including personal information, as the prescribed person may reasonably require for the purpose of fulfilling their obligations under these Regulations.
(2) Every prescribed person must give any census officer such information, including personal information, as the census officer may reasonably require for the performance of their duties under these Regulations.
(3) A person to whom personal information is given in accordance with these Regulations must not without lawful authority–
(a) make use of that information; or
(b) publish it or communicate it to any other person.
16.–(1) Any person having custody, whether on their own behalf or on behalf of any other person, of questionnaires or other documents (including electronic documents) containing personal information relating to the census must keep those documents in such manner as to prevent any unauthorised person having access to them.
(2) When directed to do so by the Registrar General, any census officer must send the Registrar General all records in the census officer´s possession (including any electronic record) which contain personal information relating to the census.
(3) The Registrar General must arrange for the secure storage of questionnaires, electronic storage devices, or other documents containing personal information relating to the census.
17.–(1) Every census officer must complete the form of undertaking set out in Schedule 5 before the performance of any of the duties assigned under the Act and by these Regulations.
(2) A form of undertaking completed under paragraph (1) must be witnessed by another census officer.
Sealed with the Official Seal of the Department of Finance and Personnel on 17th June 2010.
T. N. Caven
A senior officer of the Department of Finance and Personnel
Regulation 6(2)
(1) Prescribed persons |
(2) Title of questionnaire |
---|---|
The person for the time being in charge of any premises or vessel mentioned in Group B to F in Schedule 1 to the Census Order. |
The questionnaire entitled "CE4 Communal Establishment Questionnaire Northern Ireland" in Schedule 2. |
The householder or joint householders or in the absence of any such person capable of completing a return, any person acting on their behalf, of every household in Northern Ireland. Where Article 5(8) of the Census Order applies, the person responsible under that article for making a return in Northern Ireland. |
The questionnaire entitled "H4 Household Questionnaire Northern Ireland" in Schedule 3. |
Every usual resident specified in column (2) in Group B to F in Schedule 1 to the Census Order or any person acting on their behalf, in Northern Ireland. |
The questionnaire entitled "I4 Individual Questionnaire Northern Ireland" in Schedule 4. |
Every person specified in column (2) of Group G in Schedule 1 to the Census Order or any person acting on their behalf, in Northern Ireland. |
|
Any elector in Northern Ireland making an individual return in accordance with the Census Order. |
Regulation 6(2)
CE4 Communal Establishment Questionnaire Northern Ireland
Regulation 6(2)
H4 Household Questionnaire Northern Ireland
Regulation 6(2)
I4 Individual Questionnaire Northern Ireland
Regulation 17
I,-�-�-�-�., being a person appointed in accordance with the Census Regulations (Northern Ireland) 2010 for the purpose of taking the census, undertake that I will fully and honestly perform the duties assigned to me under the Census Act (Northern Ireland) 1969, and by the Census Regulations (Northern Ireland) 2010.
I will carry out these duties in conformity with the provisions of the Census Act (Northern Ireland) 1969 and any other legal obligations. I understand that failure to comply fully with my obligations may result in a criminal record and a fine or imprisonment.
I will not, except in the performance of my census duties, disclose or make known, now or at any time after, any matter which comes to my knowledge relating to any person, family or household.
I will use any access materials that I am given, such as a security pass, personal identification material or passwords, only to perform my duties. I will not lend, transfer or otherwise disclose such material to others. I will report any significant concerns I have about the confidentiality of Census information, whether arising from my own duties/actions or those of others, directly to the Registrar General.
Signed
Date
In the presence of
Date
(This note is not part of the Regulations)
These Regulations set out the detailed arrangements necessary for the conduct of the census directed to be taken on the 27th March 2011 by the Census Order (Northern Ireland) 2010 ("the Census Order"). They also revoke the provisions of the Census Regulations (Northern Ireland) 2000 (S.R. 2000 No.198).
Regulation 4 provides for the division of Northern Ireland into enumeration districts, census team co-ordinator areas and census areas.
Regulation 5 provides for the appointment of persons to carry out the duties assigned to them under these Regulations.
Regulation 6 provides that a person required by the Census Order to make a return at the census will discharge their responsibility when the relevant questionnaire, specified in Schedule 1 and which are set out in full in Schedules 2 to 4 to these Regulations, has been received by the Registrar General.
Regulations 7 to 13 provide detailed arrangements for the delivery, completion and return of the questionnaires.
Regulation 14 provides for follow-up action to be taken in the event that a questionnaire sent or delivered in accordance with these regulations is not returned or is returned incomplete.
Regulations 15 and 16 make provision requiring information to be given to a prescribed person or a census officer. They also make provision to prevent the unauthorised use, publication and communication of information obtained for the purpose of the census and to ensure the safe custody of forms and documents.
Regulation 17 provides for the giving of an undertaking concerning the confidentiality of information obtained as a result of the census by persons who will have access to that information.
Contravention of the Regulations is an offence under section 7 of the Census Act (Northern Ireland) 1969.