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 and all other powers enabling them to do so.

Citation, commencement and extent

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.

Interpretation

2

• (1) In these Regulations—

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

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

Methods of making a return

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 1 May 2022 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.

Duties on persons in charge of communal establishments

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 1 May 2022 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.

Giving of information

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.

Misuse of information

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.

Revocation

7

The following instruments are revoked—

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

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

SCHEDULE 1 — Electronic Questionnaire - Household Questions

SCHEDULE 2 — Electronic Questionnaire – Household Individual Questions

SCHEDULE 3 — Electronic Questionnaire – Communal Establishment

SCHEDULE 4 — Electronic Questionnaire - Communal Establishment - Individual Questions

SCHEDULE 5 — Paper Household Questionnaire

SCHEDULE 6 — Paper Household Individual Questionnaire

SCHEDULE 7 — Paper Communal Establishment Questionnaire

SCHEDULE 8 — Paper Communal Establishment Individual Questionnaire

Signed

KATE FORBES — A member of the Scottish Government — 2020-05-05

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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).

[^f00002]: S.S.I. 2020/76.

[^f00003]: S.S.I. 2010/211 as amended by S.S.I. 2010/215.

[^f00004]: S.S.I. 2010/215.

Editorial notes

[^c24093831]: 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).

[^c24093841]: S.S.I. 2020/76.

[^c24093851]: S.S.I. 2010/211 as amended by S.S.I. 2010/215.

[^c24093861]: S.S.I. 2010/215.

[^key-3d121628d099ad0234e4ecd43624fef2]: Reg. 1 in force at 16.6.2020, see reg. 1(1)

[^key-4c22347d22810889f098bdf53a3d1422]: Reg. 2 in force at 16.6.2020, see reg. 1(1)

[^key-40b4573e3e1da2a12cce7e911c8b9c85]: Reg. 3 in force at 16.6.2020, see reg. 1(1)

[^key-c340466155e2530fd3ffceff1e44c9f8]: Reg. 4 in force at 16.6.2020, see reg. 1(1)

[^key-13505f2e7717370c2cfee369f61fc1ea]: Reg. 5 in force at 16.6.2020, see reg. 1(1)

[^key-5ed903cf4b3100ee409e09b7e3c3f9c9]: Reg. 6 in force at 16.6.2020, see reg. 1(1)

[^key-a140c8a85972702995fc257a2a9555de]: Reg. 7 in force at 16.6.2020, see reg. 1(1)

[^key-3172138fcda660acb190ccb8fb95ebd8]: Sch. 5 in force at 16.6.2020, see reg. 1(1)

[^key-013b33aad832a6742a67d6e15bc43ec0]: Sch. 6 in force at 16.6.2020, see reg. 1(1)

[^key-73bcf6e398bed09a0eb48298415d305e]: Sch. 7 in force at 16.6.2020, see reg. 1(1)

[^key-d5df0c6a11f2c776936c15642115c14f]: Sch. 8 in force at 16.6.2020, see reg. 1(1)

[^key-db4d4c322b8dfb632b03a0bef8162abe]: Sch. 5: Form substituted (1.3.2021) by The Census (Scotland) Amendment Regulations 2020 (S.S.I. 2020/450), reg. 1(1), sch. 1

[^key-0f4e85869748917b53bcd322be7dad43]: Sch. 6: Form substituted (1.3.2021) by The Census (Scotland) Amendment Regulations 2020 (S.S.I. 2020/450), reg. 1(1), sch. 2

[^key-4041eb925c398f4c74dab4cfe9377c5e]: Sch. 7: Form substituted (1.3.2021) by The Census (Scotland) Amendment Regulations 2020 (S.S.I. 2020/450), reg. 1(1), sch. 3

[^key-118e1c59e450c513419562e2d95cbb35]: Sch. 8: Form substituted (1.3.2021) by The Census (Scotland) Amendment Regulations 2020 (S.S.I. 2020/450), reg. 1(1), sch. 4