Legislation

The legislative process necessary to undertake a Census in England and Wales is governed by the 1920 Census Act, as amended by the Census (Amendment) Act 2000 and the Statistics and Registration Service Act 2007, and makes provision for a census to be taken no more frequently than every five years.

There are three stages to the parliamentary process:

  • White Paper

  • Census Order

  • Census Regulations

White Paper

The 2011 Census of Population and Housing White Paper ' Helping to shape tomorrow '(Cm 7513) announcing the UK Statistics Authority's proposals for the 2011 Census in England and Wales, was presented to Parliament in a written Ministerial statement on 11 December 2008 and in bilingual format to the National Assembly for Wales by the Minister for Finance and Public Service Delivery.

The White Paper details the extensive consultation undertaken to identify requirements for Census data and sets out the topics and questions  proposed for inclusion. It also highlights changes in methodology, such as the delivery of questionnaires by post and the option to complete the questionnaire via the Internet. Data security and confidentiality are highlighted as top priorities in all of these plans.

Census Order

A Census Order will subsequently be laid before parliament (planned for November 2009) for approval by February 2010. The Order will prescribe the date of the census, who is to be included, the persons responsible for making a return, and the information to be collected.

Census Regulations

Following approval of the Census Order, the Census Regulations will be made authorising the appointment of field staff and specifying their duties. These regulations will describe the delivery and collection methodology, prescribe the measures to ensure the security of the completed forms and confidentiality of the data in the field, and will include a facsimile copy of the census questionnaire. The regulations must be agreed by Parliament and the National Assembly for Wales by March 2010 in order to enable field staff to be appointed in sufficient time before the census.

Wider UK legislative process

Legislative responsibility for the censuses in Scotland and Northern Ireland are devolved to the respective legislatures.

The responsibility for making Census Regulations with respect to the census in Wales now rests with Welsh ministers having been transferred from the Chancellor of the Exchequer to the National Assembly for Wales in December 2006 by virtue of a Transfer of Functions Order (TFO), made under the provisions of the Government in Wales Act 1998. The TFO also makes provision for Welsh ministers to be consulted on the content of the Census Order. The regulations for Wales will follow the same timetable as those for England.

European Union (EU) legislation

The UK is an active participant in ongoing initiatives involved in advising the European Commission and developing EU legislation which will define the protocols involved with the timing, scope and harmonization of  2011 census-type outputs to be supplied to Eurostat by member states. More details about the regulations, their implementation, and the EU Task Force contributing to their development can be found in the link above.