Citation, commencement and application

1. —(1) These Regulations may be cited as the Census (England) Regulations 2020 and come into force on 23rd June 2020.

(2) These Regulations apply in relation to England only.

Revocation

2. The Census (England) Regulations 2010( 2 ) are revoked.

Interpretation

3. —(1) In these Regulations—

“ the 1920 Act ” means the Census Act 1920 ;

“ the 2007 Act ” means the Statistics and Registration Service Act 2007 ( 3 );

“ the Census Order ” means the Census (England and Wales) Order 2020 ( 4 );

“ address register ” means the register and any subset of the register used by the Authority, which contains the address of each household and communal establishment in England of which the Authority is aware;

“ appointee ” means any person appointed under regulation 4 or appointed by the Authority before the coming into force of these Regulations for the purposes of taking the census;

“ area operations manager ” means a person appointed under regulation 4(1)(a);

“ the Authority ” means the Statistics Board established by section 1 of the 2007 Act;

“ census ” means the census directed to be taken by the Census Order;

“ census co-ordinator ” means a person appointed under regulation 4(1)(b)(i);

“ census co-ordinator area ” means an area created under regulation 4(1)(b)(i);

“ census day ” means 21st March 2021;

“ census electronic device ” means such electronic device as the Authority must provide under regulation 7(3);

“ census officer ” means an officer appointed under regulation 4(1)(c);

“ census packs ” means any of the packs described in regulation 8(3) to 8(5);

“ communal establishment ” means any establishment specified in Groups B to F of column 1 of Schedule 1 to the Census Order;

“ communal establishment co-ordinator ” means a person appointed under regulation 4(1)(b)(ii);

“ communal establishment co-ordinator area ” means an area created under regulation 4(1)(b)(ii);

“ communal establishment officer ” means an officer appointed under regulation 4(1)(c);

“ communal establishment pack ” means an online communal establishment pack or a paper communal establishment pack;

“ completed questionnaire ” means a questionnaire completed with the particulars which the Census Order requires a prescribed person to provide and which were correct at midnight on census day;

“ dwelling ” has the meaning given by article 2(1) of the Census Order;

“ elector ” means a prescribed person who elects to make an individual return under article 5(5) of the Census Order;

“ electronically ” means using the internet;

“ enumeration district ” means a district created under regulation 4(1)(c);

“ fieldwork management tool ” means such electronic system as the Authority must provide under regulation 7(2);

“ household ” has the meaning given by article 2(1) of the Census Order;

“ household continuation pack ” means a pack as described in regulation 8(5);

“ householder ” has the meaning given by article 2(1) of the Census Order;

“ household pack ” means an online household pack or a paper household pack;

“ individual pack ” means an online individual pack or a paper individual pack;

“ individual return ” has the meaning given by article 2(1) of the Census Order;

“ online communal establishment pack ” means such a pack as described in regulation 8(3);

“ online household pack ” means such a pack as described in regulation 8(3);

“ online individual pack ” means such a pack as described in regulation 8(3);

“ online questionnaire ” means any of questionnaire H1(online), questionnaire I1(online), or questionnaire CE1(online);

“ paper communal establishment pack ” means such a pack as described in regulation 8(4);

“ paper household pack ” means such a pack as described in regulation 8(4);

“ paper individual pack ” means such a pack as described in regulation 8(4);

“ paper questionnaire ” means any of questionnaire H1(paper), questionnaire HC1(paper), questionnaire I1(paper), or questionnaire CE1(paper);

“ personal information ” has the meaning given by section 39(2) of the 2007 Act;

“ 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 ” means any online or paper questionnaire;

“ questionnaire identification number ” means a numeric, machine readable identifier which is unique to each questionnaire;

“ questionnaire tracking system ” means such electronic system as the Authority must provide under regulation 7(1);

“ replacement unique access code ” means a unique access code that is different from and replaces a unique access code already provided;

“ reply-paid envelope ” means an envelope which is pre-addressed and which does not require payment by the sender;

“ unique access code ” means a code which gives unique internet access to each questionnaire H1(online), each questionnaire I1(online) and each questionnaire CE1(online); and

“ usual resident ” has the meaning given by article 2(3)(a) of the Census Order.

(2) In these Regulations the following abbreviations apply—

Administrative divisions and appointments

4. —(1) For the purposes of the census, the Authority must—

(a) divide England into census areas and appoint an area operations manager for each;

(b) divide each census area into—

(i) census co-ordinator areas and appoint a census co-ordinator for each;

(ii) communal establishment co-ordinator areas and appoint a communal establishment co-ordinator for each;

(c) divide each census co-ordinator area and each communal establishment co-ordinator area into enumeration districts and appoint as many census officers and communal establishment officers as it considers necessary for the purpose of carrying out the census in those districts, in accordance with the 1920 Act and these Regulations.

(2) The Authority may also appoint as many other persons as it considers necessary for the taking of the census.

(3) The persons appointed under paragraphs (1) and (2) must perform the duties assigned to them under the 1920 Act and these Regulations and must comply with any instructions issued to them in accordance with these Regulations.

Questionnaires to be used in the taking of the census

5. —(1) For the purposes of the census the Authority must ensure that—

(a) online questionnaires are accessible electronically through unique access codes and contain the questions and response options set out (as appropriate) in Parts 1, 2 and 3 of Schedule 2 and the functions and features described in Part 8 of Schedule 2;

(b) paper questionnaires are prepared in the form set out (as appropriate) in Parts 4, 5, 6 and 7 of Schedule 2.

(2) Every questionnaire to be used in the census must contain a questionnaire identification number.

Duties in relation to the making of returns

6. —(1) A prescribed person in making a return as required by the Census Order must—

(a) complete one copy only of the relevant questionnaire identified in paragraph (3) in accordance with the instructions provided for that questionnaire;

(b) submit the completed questionnaire to the Authority in accordance with these Regulations.

(2) A questionnaire is submitted to the Authority in accordance with these Regulations when—

(a) in respect of an online questionnaire, it is received electronically by the Authority; or

(b) in respect of a paper questionnaire, it is received in person by an appointee, or received through the post by the Authority or any appointee.

(3) The questionnaire to be completed and submitted in accordance with these Regulations by a prescribed person mentioned in column (1) of the table in Schedule 1 is the online questionnaire or paper questionnaire referred to in the corresponding entry in column (2).

(4) Nothing in these Regulations prevents a prescribed person who is a householder, or any person authorised to act on that householder’s behalf in accordance with the Census Order, from making a return as required by the Census Order by—

(a) completing and submitting the appropriate paper questionnaire and also, in respect of additional members of that householder’s household, by completing and submitting the appropriate online questionnaire; or

(b) completing and submitting the appropriate online questionnaire and also, in respect of additional members of that householder’s household, by completing and submitting the appropriate paper questionnaire.

(5) Nothing in these Regulations prevents a person who is making a return under article 5(9)(a)(i) or (b) of the Census Order on behalf of another person from making that return by—

(a) completing and submitting the appropriate paper questionnaire and also, in respect of that other person, by completing and submitting the appropriate online questionnaire, or

(b) by completing and submitting the appropriate online questionnaire and also, in respect of that other person, by completing and submitting the appropriate paper questionnaire.

Questionnaire tracking system, fieldwork management tool and census electronic devices

7. —(1) The Authority must provide a questionnaire tracking system for the management of the census and for keeping records of—

(a) questionnaire identification numbers;

(b) unique access codes;

(c) replacement unique access codes;

(d) addresses of households and communal establishments;

(e) the households or communal establishments to which census packs have been sent by post or delivered in accordance with these Regulations, or to which visits are to be made;

(f) the circumstances of the delivery of each census pack delivered by a census officer or a communal establishment officer;

(g) the date on which each completed questionnaire received by the Authority was received and the means by which it was received;

(h) multiple requests for census packs or replacement unique access codes by the same prescribed person;

(i) the return of more than one completed questionnaire in relation to the same prescribed person;

(j) the date on which any record is made in accordance with regulation 11(8)(a), 13(11)(b) or 16(5)(b) and the prescribed person with respect to whom it was made; and

(k) any other information which the Authority considers may assist with the conduct of the census.

(2) The Authority must provide a fieldwork management tool for use in the conduct of the census, including in order to—

(a) generate required actions for appointees to perform;

(b) identify addresses of properties for appointees to visit;

(c) enable the recording of information for the questionnaire tracking system;

(3) The Authority must provide sufficient electronic devices (known in these Regulations as “census electronic devices”) through which each appointee for whom it is necessary can access the fieldwork management tool and receive instructions electronically.

Preparation of census packs

8. —(1) The Authority must prepare as many of the census packs referred to in paragraphs (3) to (5) as it considers necessary for the purpose of the census.

(2) The contents of each census pack must be contained in a sealed envelope through which any printed address can be seen.

(3) The online household packs, the online individual packs and the online communal establishment packs must each contain—

(a) respectively, a unique access code for questionnaire H1(online), a unique access code for questionnaire I1(online) and a unique access code for questionnaire CE1(online); and

(b) such additional information as the Authority considers may assist with the completion and submission of the questionnaire to which that pack relates.

(4) The paper household packs, the paper individual packs and the paper communal establishment packs must each contain—

(a) respectively, a copy of questionnaire H1(paper), a copy of questionnaire I1(paper) and a copy of questionnaire CE1(paper);

(b) respectively, a unique access code for questionnaire H1(online), a unique access code for questionnaire I1(online) and a unique access code for questionnaire CE1(online);

(c) such additional information as the Authority considers may assist with the completion and submission of the questionnaires to which those packs relate; and

(d) a reply-paid envelope.

(5) The household continuation packs must contain—

(a) a copy of questionnaire HC1(paper);

(b) such additional information as the Authority considers may assist with the completion and submission of that questionnaire; and

(c) a reply-paid envelope.

Sending census packs to households and electors by post

9. —(1) The Authority may send by post a household pack to such households in the address register, and an individual pack to such electors in the address register, as the Authority considers necessary for the purpose of the census in advance of census day.

(2) If the Authority does not send a household pack or an individual pack by post under paragraph (1) it must instead require the relevant census co-ordinator to arrange delivery by hand of a household pack or an individual pack to that household or elector (as the case may be) in accordance with regulation 10.

(3) In respect of each census pack sent by post in accordance with paragraph (1), the Authority must ensure that a record is made in the questionnaire tracking system to show the address to which the census pack was sent.

Delivery of census packs to households and electors by hand

10. —(1) The Authority must issue every census co-ordinator with—

(a) a census electronic device for use in each enumeration district within that census co-ordinator’s census co-ordinator area;

(b) such household packs and individual packs as it considers necessary for the purpose of the census;

(c) a list, contained in the fieldwork management tool, of the addresses of each household and elector in the address register situated within that census co-ordinator’s census co-ordinator area to which household packs and individual packs (as appropriate) are to be delivered by hand pursuant to regulation 9(2);

(d) such other documents or information as it considers necessary for the purpose of the census.

(2) Each census co-ordinator must—

(a) designate a census officer to deliver household packs and individual packs to each enumeration district;

(b) supply that census officer with such of, and sufficient numbers of, the items in paragraphs (1)(a) to (d) as the census officer requires to carry out that census officer’s duties under these Regulations.

(3) Each census officer designated under paragraph (2)(a) must deliver—

(a) a household pack or an individual pack to each household or elector (as the case may be) whose address is contained in the list of addresses referred to in paragraph (1)(c) and located within that census officer’s enumeration district;

(b) household packs and individual packs (as appropriate) to any other households or electors that are identified by the census officer in that census officer’s enumeration district.

(4) A census officer’s duty to deliver a census pack under paragraph (3) is satisfied in relation to each household if the census officer hands a household pack to the householder or joint householder, and in relation to each elector if the census officer hands an individual pack to the elector or, in either case, where no such person is available, if the census officer—

(a) leaves the census pack with a responsible person who claims to act on behalf of the householder, joint householder or elector (as the case may be); or

(b) where no such responsible person is available, leaves the census pack at, or sends it by post to, the relevant address contained in the fieldwork management tool or, if so directed by the census co-ordinator, to another address provided by the census co-ordinator.

(5) Each census officer must—

(a) make a record in the census electronic device of—

(i) each household pack and individual pack delivered in accordance with paragraph (3)(a) or (b); and

(ii) any additional household or elector to which, or to whom, the census officer has delivered a census pack under paragraph (3)(b).

(b) enable the census co-ordinator to have access to the information recorded in or accessed through the census officer’s census electronic device.

(6) Nothing in this regulation prevents a census officer from being designated to deliver to more than one enumeration district.

Delivery of census packs to communal establishments by hand

11. —(1) The Authority must issue every communal establishment co-ordinator with—

(a) sufficient census electronic devices for use in each enumeration district within that communal establishment co-ordinator’s communal establishment co-ordinator area;

(b) such communal establishment packs and individual packs as it considers necessary for the purpose of the census;

(c) a list, contained in the fieldwork management tool, of the addresses of each communal establishment in the address register situated within that communal establishment co-ordinator’s communal establishment co-ordinator area;

(d) such other documents or information as it considers necessary for the purpose of the census.

(2) Each communal establishment co-ordinator must—

(a) designate a communal establishment officer to deliver communal establishment packs and individual packs to each enumeration district;

(b) supply each communal establishment officer designated under paragraph (2)(a) with such of, and sufficient numbers of, the items in paragraphs (1)(a) to (d) as the communal establishment officer requires to carry out that communal establishment officer’s duties under these Regulations.

(3) Each communal establishment officer designated under paragraph (2)(a) must deliver—

(a) a communal establishment pack to each communal establishment, the address for which is contained in the list of addresses referred to in paragraph (1)(c) and located within that communal establishment officer’s enumeration district;

(b) a sufficient number of individual packs to each of those communal establishments for the purpose of the census; and

(c) communal establishment packs and individual packs to any other communal establishments that are identified by the communal establishment officer in the communal establishment officer’s enumeration district.

(4) A communal establishment officer’s duty to deliver census packs under paragraph (3) is satisfied in relation to each communal establishment if the communal establishment officer delivers the census packs to the person for the time being in charge of the communal establishment or, where no such person is available, if the communal establishment officer—

(a) leaves the census packs with a responsible person who claims to act on behalf of the person for the time being in charge of the communal establishment; or

(b) where no such responsible person is available, leaves the census packs at the relevant address contained in the fieldwork management tool.

(5) The communal establishment co-ordinator may direct the communal establishment officer to distribute as many of the individual packs delivered under paragraph (3) to such persons who are usual residents at the communal establishment and who appear to the communal establishment officer to be capable of completing the questionnaire contained in the pack.

(6) If it appears to the communal establishment officer that a usual resident is incapable of completing that questionnaire, the communal establishment officer may hand the individual pack to a relative of the usual resident, or other person, who has agreed to complete the questionnaire on behalf of the usual resident in accordance with the Census Order.

(7) A communal establishment officer may request the person for the time being in charge of a communal establishment to distribute individual packs in relation to that communal establishment, in the same manner as set out in paragraphs (5) and (6).

(8) Each communal establishment officer must—

(a) make a record in the census electronic device of—

(i) each communal establishment pack and individual pack delivered in accordance with paragraph (3)(a), (b) or (c);

(ii) any additional communal establishments to which the communal establishment officer has delivered communal establishment packs and individual packs under paragraph (3)(c); and

(iii) the collection of paper questionnaires.

(b) enable the communal establishment co-ordinator to have access to the information in or accessed through the communal establishment officer’s census electronic device.

(9) Nothing in this regulation prevents a communal establishment officer from being designated to deliver to more than one enumeration district.

Requests for census packs and replacement unique access codes

12. —(1) If the conditions in paragraph (2) are met, the Authority must provide any census pack or a replacement unique access code to any prescribed person who requests one.

(2) Those conditions are that—

(a) in the opinion of the Authority the census pack or the replacement unique access code is relevant to that prescribed person; and

(b) the person making the request provides the Authority with the address where the prescribed person (or persons) in respect of whom the questionnaire is to be completed, is a usual resident (and in this provision, “ the questionnaire ” means the questionnaire relating to the requested census pack or the replacement unique access code).

(3) The Authority must provide any census pack under paragraph (1) to the address referred to in paragraph (2)(b) and may send such census pack by post or deliver it by hand to that address.

(4) The Authority may provide a replacement unique access code under paragraph (1) by—

(a) sending it by post or delivering it by hand (and in either case the Authority must send or deliver the replacement unique access code to the address referred to in paragraph (2)(b)); or

(b) sending it directly to a mobile telephone number provided by the person making the request for the replacement unique access code.

Return of questionnaires from households and electors

13. —(1) Every prescribed person to whom an online household pack has been sent or delivered, or on whose behalf delivery was taken under these Regulations, must on the day after census day or as soon after as is reasonably practicable—

(a) use the unique access code provided in the pack to access questionnaire H1(online); and

(b) complete and submit that questionnaire in accordance with the instructions provided online.

(2) Every prescribed person to whom a paper household pack or a household continuation pack has been sent or delivered, or on whose behalf delivery was taken under these Regulations, must on the day after census day or as soon after as is reasonably practicable—

(a) complete the copy of questionnaire H1(paper) included in the pack, place it in the reply-paid envelope provided and send it to the Authority by post (and, as appropriate, follow the same steps in relation to a questionnaire HC1(paper), but this does not prevent a questionnaire H1(paper) and a questionnaire HC1(paper) being sent to the Authority by post in the same reply-paid envelope); or

(b) use the unique access code provided in the paper household pack to access questionnaire H1(online) and complete and submit that questionnaire in accordance with the instructions provided online.

(3) Paragraph (2) (and not paragraph (1)) applies to a prescribed person who has received an online household pack but who has requested a paper household pack.

(4) Every elector who has requested and received an online individual pack must, on the day after census day or as soon after as is reasonably practicable—

(a) use the unique access code provided in the pack to access questionnaire I1(online); and

(b) complete and submit that questionnaire in accordance with the instructions provided online.

(5) Every elector who has requested and received a paper individual pack must, on the day after census day or as soon after as is reasonably practicable—

(a) complete the copy of questionnaire I1(paper) included in the pack, place it in the reply-paid envelope provided and send it to the Authority by post; or

(b) use the unique access code provided in the pack to access questionnaire I1(online) and complete and submit that questionnaire in accordance with the instructions provided online.

(6) Every elector must ensure that one of a questionnaire H1(online), a questionnaire H1(paper), a questionnaire HC1(paper), a questionnaire I1(online) or a questionnaire I1(paper) is completed in respect of themselves.

(7) Where a questionnaire H1(online), a questionnaire H1(paper) or a questionnaire HC1(paper) has been completed in respect of an elector, that elector may choose (but is not required) to comply with paragraph (4) or (5).

(8) A questionnaire I1(online) or a questionnaire I1(paper) submitted by an elector overrides, in relation to any information about that elector, a questionnaire H1(online), a questionnaire H1(paper) or a questionnaire HC1(paper).

(9) As soon as possible after each completed questionnaire H1(online), H1(paper), HC1(paper), I1(online) or I1(paper) has been received by the Authority, the Authority must make a record in the questionnaire tracking system to show that the relevant questionnaire has been returned.

(10) Where an appointee 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 is—

(a) incapable of completing and returning a questionnaire; and

(b) unable to authorise any person to act on the prescribed person’s behalf,

then paragraph (11) applies.

(11) The appointee—

(a) may, in accordance with instructions issued by the Authority, make enquiries about the particulars which the prescribed person referred to in paragraph (10) would be required by the Census Order to provide;

(b) must record the answers to those enquiries, which may be used for the purpose of the census.

(12) As soon as possible after an appointee records the answers in accordance with paragraph (11)(b), the Authority must make an entry in the questionnaire tracking system to show that such a record has been made in respect of that prescribed person.

Return of questionnaires from communal establishments

14. —(1) Every prescribed person to whom an online communal establishment pack has been sent or delivered at a communal establishment, or on whose behalf delivery was taken under these Regulations must, on the day after census day or as soon after as is reasonably practicable—

(a) use the unique access code provided in the pack to access questionnaire CE1(online); and

(b) complete and submit that questionnaire in accordance with the instructions provided online.

(2) Every prescribed person to whom a paper communal establishment pack has been sent or delivered at a communal establishment, or on whose behalf delivery was taken under these Regulations must, on the day after census day or as soon after as is reasonably practicable—

(a) complete the copy of questionnaire CE1(paper) included in the pack, place it in the reply-paid envelope provided and send it to the Authority by post; or

(b) use the unique access code provided in the pack to access questionnaire CE1(online) and complete and submit that questionnaire in accordance with the instructions provided online.

(3) Paragraph (2) (and not paragraph (1)) applies to a prescribed person who has received an online communal establishment pack but who has requested a paper communal establishment pack.

(4) Every prescribed person who has been handed an individual pack under regulation 11(5), (6) or (7) must, on the day after census day or as soon after as is reasonably practicable—

(a) use the unique access code provided in the pack to access questionnaire I1(online) and complete and submit that questionnaire in accordance with the instructions provided online;

(b) complete the copy of questionnaire I1(paper) included in the pack, place it in the reply-paid envelope provided and send it to the Authority by post; or

(c) if so directed by the communal establishment officer, deliver the completed questionnaire I1(paper) included in the pack to the person for the time being in charge of the communal establishment or to the communal establishment officer.

(5) The person for the time being in charge of the communal establishment to whom a completed questionnaire I1(paper) is handed by a prescribed person (whether under paragraph (4)(c) or otherwise) must—

(a) ensure that the questionnaire is placed in a reply-paid envelope and without delay send it to the Authority by post; or

(b) deliver the questionnaire to the communal establishment officer.

(6) In respect of each completed paper questionnaire collected by the communal establishment officer in accordance with this regulation, the communal establishment officer must make a record in the communal establishment officer’s census electronic device.

Taking of the census for persons in Group G

15. A census co-ordinator must, in accordance with any instructions issued by the Authority, make arrangements in that census co-ordinator’s census co-ordinator area for—

(a) questionnaire CE1(online) or questionnaire CE1(paper) to be completed and submitted in respect of any group of prescribed persons who individually complete questionnaire I1(online) or questionnaire I1(paper) under paragraph (b);

(b) a paper individual pack to be handed to the prescribed persons in Group G in Schedule 1 to the Census Order and for each prescribed person either to—

(i) use the unique access code included in the pack to access questionnaire I1(online) and complete and submit that questionnaire in accordance with the instructions provided online; or

(ii) complete the copy of questionnaire I1(paper) included in the pack, place it in the reply-paid envelope provided and send it to the Authority by post, or hand it to the person who completes a questionnaire under paragraph (a).

Procedure where no questionnaire or an incomplete questionnaire is received by the Authority

16. —(1) The Authority must—

(a) check the records in the questionnaire tracking system and produce a list of addresses for each census co-ordinator area and communal establishment co-ordinator area to which the Authority has sent or delivered a census pack or a replacement unique access code but in respect of which the Authority has not received a completed questionnaire in accordance with these Regulations;

(b) provide to each census co-ordinator and communal establishment co-ordinator the list of addresses referred to in sub-paragraph (a) relevant to them.

(2) Each census co-ordinator and communal establishment co-ordinator must arrange respectively for census officers and communal establishment officers to use the list of addresses referred to in paragraph (1)(b) to make such enquiries as those officers think are reasonable of any person to obtain the particulars which the Census Order requires a prescribed person to provide.

(3) Where a census officer or communal establishment officer has made enquiries under paragraph (2) of a prescribed person in respect of whom no questionnaire has been received by the Authority the officer may—

(a) collect a completed questionnaire;

(b) encourage a questionnaire to be completed and submitted to the Authority in accordance with these Regulations;

(c) agree that the completed questionnaire may be submitted by post using the reply-paid envelope provided;

(d) make such arrangements for the collection of the paper questionnaire as the officer thinks fit; or

(e) provide a replacement unique access code or paper questionnaire.

(4) The Authority must make a record in the questionnaire tracking system whenever it receives a completed questionnaire subsequent to the steps being taken under paragraphs (2) and (3).

(5) Where the Authority receives a questionnaire but the questionnaire does not include some or all of the particulars which the Census Order requires the prescribed person to provide, then an appointee—

(a) may, in accordance with any instructions issued by the Authority, make such enquiries as the appointee think are reasonable of any person to obtain the missing particulars; and

(b) must record the answers to those enquiries, which may be used for the purpose of the census.

(6) As soon as possible after an appointee has recorded the answers in accordance with paragraph (5)(b), the Authority must make an entry in the questionnaire tracking system to show that such a record has been made in respect of that prescribed person.

Giving of information

17. —(1) Every person with respect to whom a return is to be made under the Census Order must, so far as that person is able to do so, give the prescribed person who is liable to make the return such information, including personal information, as that prescribed person may reasonably require for the purpose of fulfilling that prescribed person’s obligations under these Regulations.

(2) Every prescribed person must give any appointee such information, including personal information, as the appointee may reasonably require for the performance of the appointee’s 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.

Safe custody of questionnaires, records and documents

18. —(1) Any person having custody, whether on that person’s own behalf or on behalf of any other person, of questionnaires or other records and documents (including any records and documents stored on or accessed through a census electronic device) containing personal information relating to the census must keep those records and documents in such manner as to prevent any unauthorised person having access to them.

(2) When directed to do so by the Authority, any appointee must send the Authority all records and documents in that appointee’s possession, including any records and documents stored on or accessed through a census electronic device.

(3) The Authority must arrange for the secure storage of—

(a) completed questionnaires;

(b) any other paper or electronic records and documents containing personal information relating to the census; and

(c) any census electronic devices whilst such devices contain personal information relating to the census or through which such personal information remains accessible.

Safe custody of census electronic devices

19. Any person who receives a census electronic device must—

(a) use the census electronic device in such manner as to prevent any unauthorised person having access to the device;

(b) ensure the device when not in use is at all times securely stored in such manner as to prevent any unauthorised person having access to the device; and

(c) act in accordance with directions from the Authority regarding when or to whom to return the device.

Statutory declarations and undertakings

20. —(1) Every appointee who is granted permission by the Authority to access the electronic data repositories must make a statutory declaration containing the words set out in Schedule 3, in accordance with the arrangements made by the Authority, as soon as practicable after the appointee’s appointment by the Authority or the coming into force of these Regulations, whichever is the later.

(2) Any employee of the Authority (if suitably instructed by the Authority to do so) may take the statutory declaration referred to in paragraph (1).

(3) Subject to paragraph (4), every appointee who is not required to complete a statutory declaration under paragraph (1) must complete the form of undertaking set out in Schedule 4, in accordance with the arrangements made by the Authority, as soon as practicable after the appointee’s appointment or the coming into force of these Regulations, whichever is the later.

(4) Any appointee who was appointed by the Authority before these Regulations came into force, who completed a form of undertaking that is the same or to the like effect as that in Schedule 4, is not required to complete another undertaking by virtue of this regulation.

(5) For the purposes of paragraph (1), “ electronic data repositories ” means such electronic systems as the Authority may use to store the particulars recorded in all the questionnaires received by the Authority.

Regulations 3(2) and 6(3)

SCHEDULE 1

Regulation 5(1)(a) and (b) and Schedule 1

SCHEDULE 2

PART 1 Household Questionnaire (online)

PART 2 Individual Questionnaire (online)

PART 3 Communal Establishment Questionnaire (online)

PART 4 Household Questionnaire (paper)

PART 5 Household Continuation Questionnaire (paper)

PART 6 Individual Questionnaire (paper)

PART 7 Communal Establishment Questionnaire (paper)

PART 8 Functions and features of online questionnaires

1. Online questionnaires and the Authority website hosting online questionnaires will contain information relating to the census and to the completion and submission of online questionnaires, including information about—

(a) starting an online questionnaire;

(b) the persons who must complete the census;

(c) members of the household answering the parts of a questionnaire relevant to them;

(d) when the census should be completed;

(e) how the Authority will use and protect information relating to a prescribed person;

(f) where and how help to complete an online questionnaire can be found;

(g) the mandatory nature of the census as a whole, but the voluntary nature of certain questions within the census.

2. Online questionnaires and the Authority website hosting online questionnaires will contain functions and features to enable—

(a) a prescribed person to access the relevant online questionnaire by entering a unique access code online;

(b) a unique access code to link automatically to an address of a household or a communal establishment;

(c) the address of a prescribed person to be displayed automatically (where relevant) in different parts of an online questionnaire;

(d) where an online questionnaire is being completed by a person on behalf of another person in accordance with these Regulations, the automatic modification of any words, letters or punctuation necessary to ensure the grammatical sense of instructions or questions, including the automatic replacement of the words ‘you’ and ‘your’ in any question with the name of the person on whose behalf the online questionnaire is being completed;

(e) the use of responses regarding the relationship of one person to other persons in a household of five or more persons to infer the relationship of those other persons to each other, including for this purpose the function to ask the intermediate question “Are any of these people related to you?” or third-person variations of that question;

(f) the display of text containing instructions or information relating to the completion of specific questions, or generally to the completion of the online questionnaire;

(g) information to be displayed as to why a particular question is important;

(h) questions to be answered in different sequences;

(i) a range of pre-determined response options to be offered in relation to a question;

(j) typed responses to be assisted by predictive text (where appropriate);

(k) routing through the online questionnaire by the use of routing questions;

(l) indication to be given that a routing question has not been answered;

(m) the requirement that a routing question be answered before further questions may be answered;

(n) the prevention of mutually incompatible answers being selected in response to a question;

(o) the display of a prompt where appropriate to encourage the review of a response;

(p) the amendment of a response before submission;

(q) a partially completed online questionnaire to be saved and continued later.

Regulation 20(1)

SCHEDULE 3 Content of statutory declaration

[I, A.B. etc.] being a person appointed for the purpose of taking the 2021 Census (“the census”), I will fully and honestly perform the duties assigned to me under the Census Act 1920 and the Census (England) Regulations 2020 (“census duties”).

I will carry out my census duties in conformity with the provisions of section 39 of the Statistics and Registration Service Act 2007, the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and all other relevant legal obligations. I understand that failure to comply with such obligations may result in a criminal conviction and a fine or imprisonment.

I will not, except in the performance of my census duties, disclose or make known, at any time, any matter which comes to my knowledge relating to any person, family or household.

I will use any access materials I am given, including any security pass, electronic media, personal identification material or passwords, only to perform my census duties. I will not lend, transfer or otherwise disclose such materials to any other person, unless specifically directed to do so by the Statistics Board.

I will report any concerns I have about the confidentiality of personal information in connection with my census duties, or with regard to any other matters relating to the census whether arising from my actions or those of others, directly to the Statistics Board.

Regulation 20(3) and (4)

SCHEDULE 4 Form of undertaking

I, , being a person appointed for the purpose of taking the 2021 Census (“the census”), undertake that I will fully and honestly perform the duties assigned to me under the Census Act 1920 and the Census (England) Regulations 2020 (“census duties”).

I will carry out my census duties in conformity with the provisions of section 39 of the Statistics and Registration Service Act 2007, the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and all other relevant legal obligations. I understand that failure to comply with such obligations may result in a criminal conviction and a fine or imprisonment.

I will not, except in the performance of my census duties, disclose or make known, at any time, any matter which comes to my knowledge relating to any person, family or household.

I will use any access materials I am given, including any security pass, electronic media, personal identification material or passwords, only to perform my census duties. I will not lend, transfer or otherwise disclose such materials to any other person, unless specifically directed to do so by the Statistics Board.

I will report any concerns I have about the confidentiality of personal information in connection with my census duties, or with regard to any other matters relating to the census whether arising from my actions or those of others, directly to the Statistics Board.

Signed

Dated