Title, application and commencement

1.–(1) The title of these Regulations is the Census (Wales) Regulations 2010.

(2) These Regulations apply in Wales and come into force on the 16 June 2010.

Revocations

2. The Census Regulations 2000(2) and the Census (Amendment) Regulations 2000(3) are revoked.

Interpretation

3.–(1) In these Regulations–

• "the 1920 Act" ("Deddf 1920") means the Census Act 1920;

• "the 2007 Act" ("Deddf 2007") means the Statistics and Registration Service Act 2007(4);

• "the address register" ("y gofrestr cyfeiriadau") means the register, prepared by the Authority, which contains the address of each household and communal establishment in Wales of which it is aware;

• "appointee" ("penodai") means any person appointed under regulation 4 or appointed before the coming into force of these Regulations for the purposes of taking the census;

• "the Authority" ("yr Awdurdod") means the Statistics Board established by section 1 of the 2007 Act;

• "the census" ("y cyfrifiad") means the census directed to be taken by the Census Order;

• "census co-ordinator" ("cydgysylltydd cyfrifiad") means a person appointed under regulation 4(1)(b);

• "census officer" ("swyddog cyfrifiad") means an officer appointed under regulation 4(1)(c);

• "the Census Order" ("Gorchymyn y Cyfrifiad") means the Census (England and Wales) Order 2009(5);

• "communal establishment" ("sefydliad cymunedol") means any establishment specified in Groups B to F of column 1 of Schedule 1 to the Census Order;

• "communal establishment pack" ("pecyn sefydliad cymunedol") means a pack containing the items specified in regulation 6(6);

• "co-ordinator area" ("ardal cydgysylltydd") means an area created under regulation 4(1)(b);

• "elector" ("etholwr") means a person who elects to make an individual return in accordance with regulation 5(4);

• "enumeration district" ("dosbarth cyfrifo") means a district created under regulation 4(1)(c);

• "household pack" ("pecyn aelwyd") means a pack containing the items specified in regulation 6(5);

• "individual return envelope" ("amlen ffurflen unigol") means an envelope in which a completed questionnaire I2 or I2W may be sealed;

• "personal information" ("gwybodaeth bersonol") has the meaning given to that term by section 39(2) of the 2007 Act;

• "prescribed person" ("person rhagnodedig") 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" ("nodau adnabod holiadur") means a barcode which is unique to each particular questionnaire and a corresponding reference number which the barcode represents;

• "the questionnaire tracking system" ("y system olrhain holidaduron") means such an electronic system as the Authority may provide under regulation 5(7);

• "regular individual pack" ("pecyn unigol rheolaidd") means a pack containing the items specified in regulation 6(3);

• "reply-paid envelope" ("amlen wedi'i thalu ymlaen llaw") means an envelope which is pre-addressed and which does not require payment by the sender; and

• "reply-paid individual pack" ("pecyn unigol wedi'i dalu ymlaen llaw") means a pack containing the items specified in regulation 6(4).

(2) Terms defined in the Census Order have the same meaning in these Regulations.

(3) In the Welsh language version of these Regulations–

(a) the Welsh equivalent of "household" is "aelwyd"; and

(b) the Welsh equivalent of "householder" is "deiliad aelwyd".

(4) In the Welsh language versions of the questionnaires–

(a) the Welsh equivalent of "household" is "cartref" and "aelodau o'r cartref" (as the case may be); and

(b) the Welsh equivalent of "householder" is "deiliad cartref".

(5) In these Regulations, any reference to a notice, questionnaire or other information being received by the Authority refers to it being received in person by a census officer, through the post or electronically by the Authority or any appointee.

(6) 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.

(7) A prescribed person will not be in breach of these Regulations only by virtue of returning the English language version of a questionnaire providing some of the information required by that questionnaire and the Welsh language version of that questionnaire providing the remainder of that information.

Administrative divisions and appointments

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

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

(b) divide each census area into co-ordinator areas and appoint a census co-ordinator for each; and

(c) divide each co-ordinator area into enumeration districts and appoint as many census 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 this regulation must perform the duties assigned to them under the 1920 Act and these Regulations and must comply with any instructions issued in accordance with these Regulations.

Questionnaires

5.–(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 Authority.

(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) (English language version) or column (3) (Welsh language version) 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 Authority, to complete an individual return may make that return on questionnaire I2 or questionnaire I2W.

(5) Each elector who returns questionnaire I2 or questionnaire I2W (as the case may be) must comply with the instructions contained in questionnaire I2 or questionnaire I2W (as the case may be) and provide all such information as is requested in that questionnaire.

(6) Every questionnaire must have the questionnaire identification marks printed on it and in the case of each questionnaire H2, H2W, I2, and I2W 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 Authority 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 H2, H2W, I2, and I2W;

(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 officer;

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

(f) the date on which any record is made in accordance with regulation 10(6) or 13(7) and the prescribed person with respect to whom it was made; and

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

Preparation of packs

6.–(1) The Authority must prepare such regular individual, reply-paid individual, household and communal establishment packs in accordance with this regulation as it 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 ("delivery envelope"), ("amlen ddosbarthu") 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 I2;

(b) a copy of questionnaire I2W;

(c) such additional information as the Authority considers may assist with the completion and return of questionnaire I2 and the completion and return of questionnaire I2W; and

(d) an individual return envelope.

(4) The delivery envelope for a reply-paid individual pack must contain–

(a) a copy of questionnaire I2;

(b) a copy of questionnaire I2W;

(c) such additional information as the Authority considers may assist with the completion and return of questionnaire I2 and the completion and return of questionnaire I2W; and

(d) a reply-paid envelope.

(5) The delivery envelope for a household pack must contain–

(a) a copy of questionnaire H2;

(b) a copy of questionnaire H2W;

(c) such additional information as the Authority considers may assist with the completion and return of questionnaire H2 and the completion and return of questionnaire H2W; and

(d) a reply-paid envelope.

(6) The delivery envelope for a communal establishment pack must contain–

(a) a copy of questionnaire CE1;

(b) a copy of questionnaire CE2W; and

(c) such additional information as the Authority considers may assist with the completion and return of questionnaire CE1 and the completion and return of questionnaire CE2W.

Sending packs to households and electors by post

7.–(1) Subject to paragraph (2), the Authority must send a household pack to each household in the address register by post in advance of census day.

(2) The Authority may choose not to send a household pack by post, but instead to prepare for the relevant census co-ordinator to arrange delivery of that pack in accordance with regulation 8.

(3) The Authority 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 Authority 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.

Delivery of packs to households and electors by hand

8.–(1) The Authority must issue every census co-ordinator with–

(a) such household packs and reply-paid individual packs as it 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 co-ordinator´s area to which a household pack must be delivered under this regulation;

(c) an enumeration record book for each enumeration district within that co-ordinator´s area; and

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

(2) The census co-ordinator must designate a census officer to deliver household packs and reply-paid individual packs to each enumeration district.

(3) The census co-ordinator must supply each census officer designated under paragraph (2) with a copy of the enumeration record book for their enumeration district and the 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 officer´s enumeration district who has not already received a reply-paid individual pack and of whom the officer has been informed by the census co-ordinator; and

(c) household and reply-paid individual packs (as appropriate) to any other households or electors that are located by the census officer in their enumeration district.

(4) The census officer´s duty to deliver a pack under paragraph (3) will be satisfied in respect of each household and elector if the officer hands the pack to the householder, joint householder or, where no such person is available, if the officer–

(a) leaves a pack with a responsible person who claims to act on behalf of that person; or

(b) where no responsible 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 officer was informed by the census co-ordinator.

(5) In respect of each household or reply-paid individual pack delivered in accordance with this regulation the census officer must make a record in the appropriate place in the enumeration record book.

(6) Each census officer must provide the records in the enumeration record book to the census co-ordinator who must make a record in the questionnaire tracking system, in accordance with such directions as may be issued by the Authority, to show that a delivery has been made to each address.

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

(8) In this regulation "enumeration record book" ("llyfr cofnodion cyfrifo") means a book printed by the Authority containing–

(a) the addresses of households within an enumeration district to which a census officer must hand deliver household packs;

(b) the questionnaire identification marks for each questionnaire H2 to be delivered to those addresses; and

(c) space for a census officer to record information about–

(i) any additional households located by the census officer; and

(ii) the delivery of each household and reply-paid individual pack.

Delivery of packs to communal establishments by hand

9.–(1) The Authority must issue every census co-ordinator with–

(a) such communal establishment, regular and reply-paid individual packs as it considers necessary for the purpose of the census;

(b) a list that contains the addresses of each communal establishment situated within that co-ordinator´s area to which packs must be delivered under this regulation;

(c) a special enumeration record book for each enumeration district within that co-ordinator´s area; and

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

(2) The census co-ordinator must designate a census officer to deliver communal establishment packs, regular and reply-paid individual packs to each enumeration district.

(3) The census co-ordinator must supply each census officer designated under paragraph (2) with a copy of the special enumeration record book for their enumeration district and instruct the census officer to deliver–

(a) a communal establishment pack to each communal establishment mentioned in the special enumeration record book;

(b) a sufficient number of regular and reply-paid individual packs to each of those establishments for the purpose of the census; and

(c) communal establishment, regular and reply-paid individual packs to any other communal establishments in their enumeration district that are located by the census officer.

(4) The 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 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 special enumeration record book.

(5) The person to whom packs are delivered under paragraph (3) must hand a regular or reply-paid 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-paragraph (a) but is incapable of completing the questionnaire in accordance with the Census Order.

(6) In respect of each communal establishment and regular or reply-paid individual pack delivered in accordance with this regulation, the census officer must make a record in the appropriate place in the special enumeration record book.

(7) Each census officer must provide the records in the special enumeration record book to the census co-ordinator who must make a record in the questionnaire tracking system, in accordance with such directions as may be issued by the Authority, to show that a delivery has been made to each address.

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

(9) In this regulation and in regulation 11, "special enumeration record book" ("llyfr cofnodion cyfrifo arbennig") means a book printed by the Authority containing–

(a) the addresses of each communal establishment within an enumeration district to which a census officer must hand deliver communal establishment and regular or reply paid individual packs;

(b) the questionnaire identification marks for each questionnaire CE1 to be delivered within an enumeration district;

(c) the questionnaire identification marks for each questionnaire I2 to be delivered to a specific communal establishment in an enumeration district; and

(d) space for a census officer to record information about–

(i) any additional communal establishments located by the census officer;

(ii) the delivery of each communal establishment, regular and reply-paid individual pack; and

(iii) the collection of questionnaires.

Return of questionnaires from households and electors

10.–(1) Every prescribed person to whom a household pack has been 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 H2 or questionnaire H2W included in the pack, place it in the reply-paid envelope provided and send the questionnaire to the Authority by post; or

(b) return the information requested by questionnaire H2 or questionnaire H2W electronically using such an electronic system as the Authority 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 may, on the day after census day or as soon after as is reasonably practicable–

(a) complete the copy of questionnaire I2 or questionnaire I2W included in the pack, place it in the reply-paid envelope provided and send the questionnaire to the Authority by post; or

(b) return the information requested by questionnaire I2 or questionnaire I2W electronically using such an electronic system as the Authority may provide for this purpose and in accordance with any additional information included in the accompanying pack.

(3) As soon as possible after each completed questionnaire I2 or I2W, or H2 or H2W 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.

(4) When a completed questionnaire I2 or I2W, or H2 or H2W has been received by the Authority electronically, the Authority must ensure that a confirmation of receipt is sent electronically to the person returning the questionnaire.

(5) 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 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 appointee may, in accordance with instructions issued by the Authority, 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 an appointee makes a record in accordance with paragraph (5), the Authority 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.

Return of questionnaires from communal establishments

11.–(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 CE1 or questionnaire CE2W on the day after census day or as soon after as is reasonably practicable.

(2) Every prescribed person who has been handed a regular or reply-paid individual pack under regulation 9(4) must on the day after census day or as soon after as is reasonably practicable–

(a) complete questionnaire I2 or questionnaire I2W, place it in the individual return envelope provided and hand it to the person completing questionnaire CE1 or questionnaire CE2W in respect of the communal establishment;

(b) complete questionnaire I2 or questionnaire I2W, place it in the reply-paid envelope (if one is provided) and send the questionnaire to the Authority by post; or

(c) return the information requested by questionnaire I2 or questionnaire I2W electronically using such an electronic system as the Authority may provide for this purpose and in accordance with any additional information included in the accompanying pack.

(3) The person completing questionnaire CE1 or questionnaire CE2W in respect of a communal establishment must collect all the copies of questionnaire I2 or questionnaire I2W handed over in accordance with paragraph (2)(a) and keep them safe, together with the completed questionnaire CE1 or questionnaire CE2W, until the questionnaires are collected by a census officer in accordance with paragraph (4).

(4) The census co-ordinator must make arrangements for a census officer to collect the completed copies of questionnaire I2 or I2W and CE1 or CE2W from each communal establishment.

(5) In respect of each questionnaire I2 or I2W and CE1 or CE2W collected in accordance with this regulation the census officer must make a record in the appropriate place in the special enumeration record book for that enumeration district.

(6) The census officer must pass the questionnaires collected under paragraph (4) and the records prepared under paragraph (5) to the census co-ordinator who must make a record in the questionnaire tracking system, in accordance with directions issued by the Authority, to show that questionnaires have been received from that address.

(7) When a completed questionnaire I2 or I2W has been received by the Authority electronically, the Authority must ensure that a confirmation of receipt is sent electronically to the person returning the questionnaire.

Taking of the census for persons in Group G

12. The census co-ordinator must, in accordance with any instructions issued by the Authority, make arrangements in their co-ordinator area for–

(a) questionnaire I2 or I2W 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 co-ordinator´s area; and

(b) a questionnaire CE1 or CE2W 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).

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

13.–(1) The Authority 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 Authority.

(2) The Authority must then issue every census co-ordinator with a list that contains the addresses in each enumeration district in their co-ordinator area to which a questionnaire was sent or delivered but was not returned.

(3) Each census co-ordinator must supply census officers appointed to act in their co-ordinator area with copies of the list created under paragraph (2) and instruct those 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 officer has made enquiries under paragraph (3) of a prescribed person in respect of whom no questionnaire has been received the officer may–

(a) collect a completed questionnaire;

(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 officer thinks fit.

(5) Where a questionnaire is received by the Authority following enquiries under this regulation, the Authority 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 Authority but does not include some or all of the particulars which the prescribed person was required by the Census Order to provide then an appointee may, in accordance with any directions which may be issued by the Authority, 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 an appointee makes a record in accordance with paragraph (6), the Authority must make a record in the questionnaire tracking system to show that such a record has been made in respect of that prescribed person.

Giving of information

14.–(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 appointee such information, including personal information, as the appointee 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.

Safe custody of questionnaires and documents

15.–(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 Authority, any appointee must send the Authority all records in that appointee´s possession (including any electronic record) which contain personal information relating to the census.

(3) The Authority must arrange for the secure storage of questionnaires, electronic storage devices, or other documents containing personal information relating to the census.

Statutory declarations and undertakings

16.–(1) Every appointee who is granted permission by the Authority to edit, copy or extract data from the electronic data repositories must give a statutory declaration in the form in Schedule 5, in accordance with the arrangements made by the Authority, as soon as practicable after their appointment by the Authority or the coming into force of these Regulations whichever is the later.

(2) Subject to paragraph (3), every appointee who is not required to complete a statutory declaration under paragraph (1) must complete the form of undertaking set out in Schedule 6, in accordance with the arrangements made by the Authority, as soon as practicable after their appointment or the coming into force of these Regulations whichever is the later.

(3) Any appointee who was appointed 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 6, is not required to complete another undertaking by virtue of this regulation.

(4) For the purposes of paragraph (1), "electronic data repositories" ("storfeydd data electronig") means such of the electronic systems used for the purpose of storing the particulars recorded in all the questionnaires received by the Authority as the Authority may designate.

Regulation 5(2)

SCHEDULE 1

Regulation 5(2)

SCHEDULE 2 CE1 Communal Establishment Questionnaire – England and Wales

Regulation 5(2)

SCHEDULE 3 H2 Household Questionnaire – Wales

Regulation 5(2)

SCHEDULE 4 I2 Individual Questionnaire – Wales

Regulation 16(1)

SCHEDULE 5 Form of statutory declaration

Regulation 16(2)

SCHEDULE 6 Form of undertaking

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the detailed arrangements necessary for the conduct in Wales of the census directed to be taken on the 27 March 2011 by the Census (England and Wales) Order 2009 ("the Census Order"). It also revokes the provisions of the Census Regulations 2000 (S.I. 2000/1473) and the Census (Amendment) Regulations 2000 (S.I. 2000/3351) so far as they apply in relation Wales.

Regulation 4 provides for the division of Wales into census areas, co-ordinator areas and enumeration districts. It also provides for the appointment of persons to carry out the duties assigned to them under these Regulations.

Regulation 5 provides that a person required by the Census Order to make a return at the census will discharge their responsibility when the relevant questionnaire (available in English and Welsh), specified in Schedule 1 and which are set out in full in Schedules 2 to 4 to these Regulations, has been received by the UK Statistics Authority ("the Authority"). Regulations 6 to 12 provide detailed arrangements for the delivery, completion and return of the questionnaires.

Regulation 13 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 14 and 15 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 16 provides for the giving of either a statutory declaration or an undertaking concerning the confidentiality of information obtained as a result of the census by persons who will have access to that information.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, local government and the voluntary sector is annexed to the explanatory memorandum.