The Census (England and Wales) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/532 |
2020 No. 532
Census, England And Wales
The Census (England and Wales) Order 2020
Made 20th May 2020
Coming into force in accordance with article 1
At the Court at Windsor Castle, the 20th day of May 2020
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made in exercise of the powers conferred by section 1(1) of the Census Act 19201(“the 1920 Act”).
In accordance with article 4 of the National Assembly for Wales (Transfer of Functions) (No. 2) Order 20062the Minister for the Cabinet Office has consulted the Welsh Ministers before recommending the making of this Order to Her Majesty.
Pursuant to section 1(2) of the 1920 Act, each House of Parliament has by resolution approved those provisions of the Order which prescribe particulars with respect to the matters mentioned in paragraph 6 of the Schedule to that Act (any other matters with respect to which it is desirable to obtain statistical information with a view to ascertaining the social or civil condition of the population).
Also pursuant to section 1(2) of the 1920 Act and section 6(2) of the Statutory Instruments Act 19463, a draft of the Order was laid before each House of Parliament for a period of 40 days and neither House has resolved that the draft be not submitted to Her Majesty.
Accordingly Her Majesty, by and with the advice of Her Privy Council, makes the following Order:
Citation and commencement
1. This Order may be cited as the Census (England and Wales) Order 2020 and it shall come into force on the day after the day on which it is made.
Interpretation
2.—(1) In this Order—
“census day” means 21st March 2021;
“census night” means the night of 21st March into 22nd March 2021;
“dwelling” includes any part of a dwelling and any caravan, boat, vehicle, temporary building or other structure used as living accommodation;
“household” means one person living alone or a group of people (whether related or not) living at the same address who share cooking facilities and any one or more of the following—
(a) living room,
(b) sitting room,
(c) dining area;
“householder” in relation to an address means a person who is a usual resident at that address and either—
(a) owns or rents accommodation at that address, or
(b) is responsible for paying household bills and expenses there,
or both and “joint householder” is to be interpreted accordingly;
“individual return”, in relation to any person, means a return made with respect to that person only;
“reckonable visitor” has the meaning given in paragraph (3)(b);
“usual resident” has the meaning given in paragraph (3)(a).
(2) In this Order, any reference to a Group is a reference to that Group as specified in Schedule 1.
(3) For the purposes of this Order—
(a)
(a) a person is a usual resident at an address in England or Wales of any dwelling, premises or vessel as specified in Groups A to F, in the following circumstances—
(i) in relation to an address in Group A, if the address is the usual address of that person, whether as a member of the household, paying guest, boarder, employee or otherwise (and ignoring any residence at any address in Group F, or any residence at a second address outside the United Kingdom provided that the person intends to remain outside the United Kingdom for less than 12 months);
(ii) in relation to an address in Group B or C, if that person has resided or intends to reside at the address for a period of 6 months or more beginning on or before census day;
(iii) in relation to an address in Group D, if that person is registered or otherwise enrolled as a full-time pupil or student at a residential or other educational establishment and living in accommodation provided solely for such pupils or students by or on behalf of the educational establishment and the address is a term-time address;
(iv) in relation to an address in Group E, if that person—
(aa) is in custody beginning on or before census day, whether at the address or elsewhere, and awaiting sentence, transfer, removal or deportation; or
(bb) has been sentenced to a period of 12 months or more in custody, beginning on or before census day, whether at the address or elsewhere;
(v) in relation to an address in Group F, if the address is the usual address of that person and, apart from such address, the person would have no other usual address in the United Kingdom; or
(vi) if that person stays overnight on census night at an address in Group A, B, C, D, E or F and has no usual address in the United Kingdom;
(b)
(b) a person is a reckonable visitor at an address in England or Wales if the person—
(i) is not a usual resident at that address (within the meaning of sub-paragraph (a)) and stays overnight on census night at that address; or
(ii) is a visitor from outside the United Kingdom and intends to stay in the United Kingdom for less than 3 months (beginning on the date of arrival in the United Kingdom);
(c)
(c) qualification as a reckonable visitor under sub-paragraph (b)(ii) overrides qualification as a usual resident under sub-paragraph (a).
Date of census
3. A census is to be taken for England and Wales on 21st March 2021.
Persons with respect to whom returns to be made
4.—(1) For the purpose of that census, returns must be made in accordance with the provisions of this Order with respect to—
(a)
(a) all persons present in England and Wales on census night; and
(b)
(b) all usual residents not included in sub-paragraph (a),
who are alive at midnight at the end of census day.
(2) But a return need not be made with respect to any usual resident at an address included in Group A if that person is—
(a)
(a) a person to whom article 5(2) applies; or
(b)
(b) a member of a household to which article 5(4) applies.
(3) A return with respect to any person must be made in accordance with the provisions of this Order relating to the Group in which that person is included, and in the form prescribed by regulations made under section 3 of the Census Act 19204.
Persons who must make returns
5.—(1) Where a dwelling referred to in column (1) of Group A is occupied by a household consisting of one usual resident, that person must make a return.
(2) But the person referred to in paragraph (1) need not make a return where the person is away from the dwelling on census day and—
(a)
(a) is outside the United Kingdom continuously for at least the period of 12 months beginning on census day; or
(b)
(b) in any other case, does not return to the dwelling during the period of 6 months beginning on census day (but that period of 6 months must not have been spent continuously outside the United Kingdom).
(3) Where a dwelling referred to in column (1) of Group A is occupied by a household consisting of more than one person—
(a)
(a) the householder or joint householders; or
(b)
(b) in the absence of any such person capable of making a return, any person authorised to act on behalf of the householder or joint householders,
must make a return with respect to each person specified in column (2) of Group A, but where the obligation falls on more than one person, any one of those persons may make the return on behalf of the other persons on whom the obligation falls.
(4) But a return need not be made under paragraph (3)—
(a)
(a) in respect of any person—
(i) whom the person required to make the return under paragraph (3) reasonably believes has elected to make an individual return under paragraph (5)(a); or
(ii) who has elected to make an individual return under paragraph (5)(b);
(b)
(b) where each member of the household is away from the dwelling on census day and—
(i) is outside the United Kingdom continuously for at least the period of 12 months beginning on census day; or
(ii) in any other case, does not return to the dwelling during the period of 6 months beginning on census day (but that period of 6 months must not have been spent continuously outside the United Kingdom).
(5) Any usual resident with respect to whom a return falls to be made in accordance with paragraph (3) and who is capable of making a return may elect to make an individual return by either—
(a)
(a) making a request for an individual return; or
(b)
(b) giving consent to a person making a return under paragraph (3) to request an individual return on behalf of that usual resident.
(6) Where a person has elected to make an individual return under paragraph (5)(a) or (b) that person must—
(a)
(a) make the individual return; or
(b)
(b) authorise someone else to make the return on that person’s behalf.
(7) Where a person has elected to make an individual return under paragraph (5)(a) or (b) but for any reason is incapable of making a return, then the return may be made on that person’s behalf by any other person capable of doing so.
(8) Every usual resident specified in column (2) of Group B, C, D, E or F must make an individual return.
(9) Where a person for any reason is incapable of making a return in accordance with paragraph (8) then, on behalf of that person—
(a)
(a) in a case specified in column (2) of Group B or C, the manager or other person for the time being in charge of the premises must either—
(i) make the return, or
(ii) arrange for the return to be made by a relative or companion of that person;
(b)
(b) in a case specified in column (2) of Group D, E or F, the person for the time being in charge of the premises or vessel must make the return.
(10) Every person specified in column (2) of Group G (“a specified person”) must make an individual return but—
(a)
(a) a specified person may authorise someone else to make the individual return on that specified person’s behalf; and
(b)
(b) where a specified person for any reason is incapable of making a return, then the return may be made on that specified person’s behalf by any other person capable of doing so.
(11) Where a dwelling referred to in...
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