Census Act 1950

[4 April 1950]

[preamble and words of enactment omitted]

Interpretation

1 In this Act—

"census order" has the meaning assigned to it in section 3;

"the census", in relation to a census order, means the census to which the census order relates;

"census employee" has the meaning assigned to it in section 4;

"census officer" has the meaning assigned to it in section 5;

"compilation", in relation to a census, means the making of a re port or reports on the census including the arrangement and tabulation of particulars and statistics relating to the census, the making of abstracts from the census and similar work relating to the census, as may be required by virtue of section 11;

"the Minister" means the Minister responsible for statistics;

"premises" includes any house or part of a house, any land and any vessel; and

"prescribed" means prescribed by regulations made under this Act.

Governor to act on advice of Minister

2 In the exercise of his functions under this Act the Governor shall act on the advice of the Minister,

Census order

3 (1) The Governor may by order published in the Gazette direct that a census be taken in Bermuda, or in any such part thereof as may be specified in the order, at such time or times as may be specified in the order.

(2) Any such order as aforesaid is hereafter in this Act referred to as a "census order".

(3) A census order—

(a) shall be published at least two months before the time or times at which the census is to be taken;

(b) [omitted] [covered by Interpretation Act 1951 section 35]

(c) may by order published in the Gazette be varied by the Governor, so, however, that a census order shall not be varied so that the time or times at which the census is to be taken is earlier than two months after the date of the publication of the census order.

Superintendent of Census; census employees

4 (1) On the publication of a census order there shall be ap pointed a public officer to be Superintendent of Census who shall have the general control and management of the taking and compilation of the census.

(2) There may be appointed such number of other public offi-

cers (hereinafter in this Act referred "census employees") to assist the Superintendent of Census in the taking and compilation of the census, as may from time to time be authorised by the Legislature.

Definition of "census officer"

5 In this Act, and in any regulations made thereunder, the expres sion "census officer", in relation to any census the taking of which has been ordered in pursuance of this Act, means—

(a) the Superintendent of Census; and

(b) any public officer duly appointed to be a census em ployee.

Minister may make regulations

6 (1) Where a census order has been published, the Minister, subject to this section, may make regulations—

(a) prescribing the particulars as to which information is to be obtained in connection with the taking of the census;

(b) prescribing the persons from whom information is to be obtained in connection with the taking of the census;

(d) prescribing forms of schedules to be filled in with infor mation which is to be obtained in connection with the taking of the census, and other forms to be used for the purposes of the census;

(e) prescribing the duties of persons in relation to the giving of information for the purposes of the census;

(f) prescribing the powers of census officers;

(g) prescribing declarations to be made by census employ ees in relation to the performance of their duties;

(h) generally, for ensuring that the taking and compilation of the census is conducted and completed in an effec tual, accurate and expeditious manner;

and such regulations may provide for obtaining different particulars, and for the use of different methods of obtaining information, in respect of different persons or classes of persons or in respect of different places of abode or in respect of different circumstances.

(2) The affirmative resolution procedure shall apply to regula tions made under this section.

(3) [omitted] [covered by Interpretation Act 1951 section 35]

(4) [repealed by 1977:35]

Access to premises by census officer

7 Where a census order has been published, the occupier or per son in charge of any premises—

(a) shall allow any census officer such access to the premises as is reasonably necessary for the discharge of his duties in connection with the taking of the census; and

(b) shall allow any census officer to mark or affix on the premises such letters, marks or numbers as the Super intendent of Census may deem necessary for the pur poses of the census.

General offences

8 Any person who, in connection with any census the taking of which has been ordered in pursuance of this Act—

(a) refuses to give information as prescribed; or

(b) gives information which he knows to be false or does not believe to be true; or

(i) to allow any census officer to have access to premises;

(ii) to allow any census officer to mark or affix on premises, any letters, marks or numbers; or

(d) wilfully restricts, obstructs or hampers any census offi cer acting in the discharge of his duties as such; or

(e) removes, obliterates, injures or alters any letter, mark or number which has been lawfully marked or affixed on any premises or place for the purposes of the census; or

(f) refuses or neglects to comply with any regulation made

under this Act,

commits an offence against this Act:

Punishment on summary conviction: a fine of $840.

Offences by census employees

9 Any census employee who, in connection with any census or dered to be taken in pursuance of this Act—

(a) without reasonable excuse, the proof of which shall be upon him, refuses or neglects or fails to comply with any instructions given to him by the Superintendent of Cen sus or any Assistant Superintendent of Census; or

(b) wilfully asks of any person any offensive or improper question; or

(d) without due authority destroys, does away with, se cretes, defaces, injures or alters any returns or other document relating to the census; or

(e) asks, receives or takes from any person any payment or reward other than his lawful remuneration; or

(f) except in the course of his duty wilfully discloses any information which has come to his knowledge,

commits an offence against this Act:

Punishment on summary conviction: a fine of $840.

Prosecutions require consent of Attorney-General

10 No prosecution shall be instituted under this Act without the written consent of the Attorney-General.

Census report

11 Where a census has been taken in pursuance of this Act, the Superintendent of Census shall, in accordance with directions given to him by the Minister, prepare and submit to the Governor a report or re ports on the census with the particulars and statistics obtained by the census arranged and tabulated, and with abstracts made from such particulars and statistics.

Use of restricted particulars by authorized persons

12 (1) The Secretary to the Cabinet may direct the Superintendent of Census or any other census officer of any census to abstract from the forms or other documents used in any census the names, addresses and ages (but no other particulars) of persons therein mentioned, for the purposes of subsection (2) .

(2) An abstract prepared pursuant to subsection (1) may be used in the course of duty by any public officer authorised by the Secre tary to the Cabinet in that behalf for such purposes in the interests of the peace, order and good government of Bermuda as the Secretary to the Cabinet may authorise.

(3) No abstract prepared pursuant to subjection (1) may be copied by any such authorised officer or be made available to the public.

(4) The Secretary to the Cabinet shall retain custody of any ab stract prepared pursuant to subsection (1) at all times when it is not in use by an authorised officer.

(5) In this section "census" includes any past census.

[Amended by
1951 : 78
1964 : 35
1968 : 146
1977 : 35
1979 : 33
BR 33/1981]

Bermuda Consolidated Legislation

Census Act 1950