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An Act for taking a Census for Northern Ireland in the year nineteen hundred and thirty-seven, and for otherwise collecting statistical information.

[12 November 1936]

26 Geo. 5 & 1 Ed. 8 c.25 (NI)

Be it enacted by the King's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:
Census to be taken in 1937. 1. A census with respect to all living persons in Northern Ireland shall be taken in the year nineteen hundred and thirty-seven in the manner hereinafter directed and the census day shall be Sunday the twenty-eighth day of February in that year, or such other day, being Sunday, as may be fixed by the Governor of Northern Ireland in Council.
Central authority for and expenses of census. 2. (1) The Ministry of Finance shall superintend the taking of the census.
(2) The Registrar General for Northern Ireland (in this Act referred to as "the Registrar General") shall make such arrangements and prepare and issue such forms and instructions as he deems necessary for the taking of the census.
(3) The expenses incurred, with the approval of the Ministry of Finance, for the purposes of this Act shall be paid out of moneys provided by Parliament.
Enumeration districts and enumerators. 3. (1) For the purposes of the census there shall be enumeration districts, and an enumerator shall be appointed for each enumeration district.
(2) Such officers and men of the Royal Ulster Constabulary as the Ministry of Finance, with the consent of the Ministry of Home Affairs, may direct, and such other persons as the Ministry of Finance shall appoint, shall act as and be enumerators for the purposes of this Act or superintend or assist in the enumeration.
Preparation and filling up of forms and making of returns. (1) The returns in the forms issued by the Registrar-General for the purpose of the census shall be made with respect to the classes of persons specified in the first columns of the First Schedule to this Act by the person specified opposite each such class in the second column of that schedule; provided that a separate return may be made in such cases and subject to such conditions as may be prescribed, and any person claiming to make such a return shall be deemed to be the person by whom the return is to be made with respect to himself.
(2) The returns for the purposes of the census shall state the particulars specified in the Second Schedule to this Act.
(3) Every enumerator shall, in the course of the week ending on the Saturday next before the census day, deliver to each person in his enumeration district by whom a return is to be made, or to a person acting on behalf of such person, a form of return; and on every such form there shall be plainly expressed that it is to be filled up by the person to or for whom it is delivered, and that it is to be ready for delivery to the enumerator on the Monday then next following.
(4) Every person by whom a return is to be made shall fill up, or cause to be filled up, the form of return in accordance with the provisions of this Act to the best of his knowledge and belief, and shall sign his name thereto, and shall deliver the form so filled up and signed to the enumerator when required to do so.
(5) Every person with respect to whom a return is to be made shall give to the person by whom the return is to be made such information as he may reasonably require for the purpose of enabling him to make the return, and every person shall give to the enumerator all such information as he may reasonably require for the purpose of his duties under this Act.
Collection of forms and returns by enumerators. 5. (1) Every enumerator shall, on the Monday following the census day and such one or more next consecutive days as the Registrar-General may fix, collect all forms of return delivered in his district, and shall complete such of the forms as on delivery thereof appear to him to be defective and correct such as he finds to be erroneous and may make all such inquiries as are reasonably necessary for that purpose
(2) Every enumerator shall also furnish on such forms as may be prescribed an account of the houses and other buildings in his district and the population of such houses and buildings, and for this purpose the enumerator may make all such inquiries as are reasonably necessary and every person, so far as his knowledge extends, shall give to the enumerator the information so required.
Abstracts of returns and certificate of population. 6. (1) The Registrar-General shall prepare abstracts of and reports on the census returns, and each such report shall be printed and laid before both Houses of Parliament at as early a date as may be found practicable.
(2) The Registrar-General may, at the request and cost of any local authority or any person, cause abstracts to be prepared containing any such statistical information which can be derived from the census returns but is not supplied by the census abstracts or reports and which, in his opinion, the authority or person may reasonably require.
(3) A certificate purporting to be signed by the Registrar-General shall be admitted in any court of law as evidence of the population at the census taken under this Act of any county, borough, town, district or other area to which it refers, and the Registrar-General shall, if possible, deliver such certificate to any person on payment of a fee of ten shillings.
Matters to be prescribed by instructions. 7. (1) Instructions issued under this Act may prescribe, among other things --
(a) the mode in which enumeration districts are to be formed; and
(b) the duties of superintendents, enumerators, and other persons employed under this Act; and
(c) anything authorised by this Act to be prescribed.
Statutory declaration by enumerators. 8. Every enumerator shall make a statutory declaration to the effect that he has properly and sufficiently performed the duties imposed on him by this Act and any instructions issued thereunder, and that to the best of his knowledge the returns and accounts furnished by him are correct so far as may be known.
Information to be used for census only and returns, &c., to be kept secret. 9. Information obtained for the purpose of the census shall not be used otherwise than in accordance with this Act; and any person having the custody, whether by himself or on behalf of any other person, of any forms of return, enumeration books, or other confidential documents relating to the census shall not permit any other person without lawful authority to have access thereto.
Penalties for offences. 10. (1) If any superintendent, enumerator, or other person employed under this Act makes wilful default in the performance of any of his duties under this Act, or instructions thereunder, or makes any wilfully false declaration, he shall for each offence be liable on conviction under the Summary Jurisdiction Acts (Northern Ireland) to a fine not exceeding ten pounds.
(2) If any person by whom a return is to be made
(a) refuses, or without lawful excuse neglects, to fill up or cause to be filled up the form of return to the best of his knowledge and belief, or to sign and deliver it as by this Act required; or
(b) wilfully makes, signs, or delivers, or causes to be made signed, or delivered, any false return of any matter specified in the form; or
(c) refuses to answer, or wilfully gives a false answer to, any question necessary for obtaining the information required to be obtained under this Act; or (d) uses, publishes, or communicates to any person otherwise than in accordance with this Act any information given to him for the purpose of making such return,
he shall for each offence be liable on conviction under the Summary Jurisdiction Acts (Northern Ireland) to a fine not exceeding ten pounds.
(3) If any person who is required under this Act to answer any question, refuses to answer or wilfully gives a false answer to that question, he shall, for each offence, be liable on conviction under the Summary Jurisdiction Acts (Northern Ireland) to a fine not exceeding ten pounds:
Provided that a person, being required to state his religious profession, shall not be subject to any penalty for refusing to do so.
(4) If any person employed under this Act uses, publishes or communicates, without lawful authority, any information acquired in the course of his employment, he shall be guilty of a misdemeanour and shall on conviction be liable to imprisonment for a term not exceeding two years, or to a fine, or to both such imprisonment and fine. (5) If any person, possessed of any information which to his knowledge has been disclosed in contravention of this Act, uses, publishes or communicates such information, he shall for each offence be liable on conviction under the Summary Jurisdiction Acts (Northern Ireland) to a fine not exceeding ten pounds:
Collecting of statistics until taking of next census. 11. The Registrar-General, under the direction of the Ministry of Finance, may collect and publish from time to time any available statistical information concerning Northern Ireland until the next census is taken and published under authority of Parliament.
Short title. 12. This Act may be cited as the Census Act (Northern Ireland), 1936.

FIRST SCHEDULE

MAKING OF THE RETURNS

First ColumnSecond column
Persons with respect to whom Returns are to be made.Persons by whom Returns are to be made.
1. Persons present at midnight ending the census day in a dwelling, lodgings or rooms, separately occupied by any private household of which they are members, guests (including paying guests or boarders), or employees. 1. The head, or person for the time being acting as the head, of the household.
2. Persons present at midnight ending the census day on the premises of any hotel, club, boarding-house, or common or other lodging house. 2. The manager, or other person for the time being in charge of the premises.
3. Persons present at midnight ending the census day on the premises of any public or private hospital, sanatorium, convalescent or nursing home, work-house, poor-house, infirmary, asylum, religious or charitable community, residential school or college, or residential institution of any other kind. 3. The chief resident officer or other person for the time being in charge of the institution.
4. Persons belonging to the naval, military, or air forces of the Crown and any other persons, present at midnight ending the census day on any vessel or in any barracks, station, or other premises under naval, military, or air force discipline. 4. Such person as may be appointed for the purpose in pursuance of arrangements to be made by the Registrar-General with the Admiralty, Army Council and Air Council.
5. Persons present at midnight ending the census day in any ship, boat, barge or other vessel in any inland waters or engaged in any coast-wise or fishing voyage or lying moored or anchored in any harbour in Northern Ireland. 5. The captain, master or other person for the time being in charge of the vessel.
6. Persons present at midnight ending the census day on the premises of any civil prison, lock-up, or other place of detention. 6. The governor, or other person for the time being in charge of the premises.
7. Persons who, not having being enumerated elsewhere for the purpose of the census, arrive at any of the places or premises above-mentioned after midnight ending the census day and before the returns in respect of persons present on or in such premises or places are required to be completed. 7. The person by whom the returns are to be made with respect to persons present at midnight ending the census day on or in such places or premises.
8. Persons not included among any of the classes of persons above-mentioned. 8. The person with respect to whom the return is to be made.

SECOND SCHEDULE

MAKING OF THE RETURNS

1. Full name.

2. Relation to head of household.

3. Usual place of residence, with address.

4. Age in years and months.

5. Sex.

6. In respect of persons aged 14 years and upwards, condition as to marriage (e.g., single, married, widowed, etc.).

7. Place of birth, stating --
(a) if born in Northern Ireland, the name of the county and town or townland; or
(b) if born elsewhere, the name of the country, or whether born at sea.

8. If born outside of Northern Ireland, whether a visitor or resident in Northern Ireland, and, if the latter, how long resident.

9. Religion.