|
| |
|
| |
| |
| |
| |
establish and make provision about the Statistics Board; to make provision |
| |
about offices and office-holders under the Registration Service Act 1953; and |
| |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
| |
| |
| |
(1) | There is to be a body corporate to be known as the Statistics Board (in this Part |
| 5 |
| |
(2) | In Gaelic the Board is to be known as Am Bòrd an Staitistig. |
| |
(3) | In Welsh the Board is to be known as Y Bwrdd Ystadegau. |
| |
| |
(1) | The Board is to exercise its functions on behalf of the Crown. |
| 10 |
(2) | Accordingly, the property, rights and liabilities of the Board are property, |
| |
rights and liabilities of the Crown. |
| |
| |
| |
(1) | The Board is to consist of executive and non-executive members. |
| 15 |
|
| |
| |
|
| |
|
(2) | The non-executive members are to be— |
| |
(a) | the chairman, appointed by Her Majesty, and |
| |
(b) | at least five other persons appointed by the Treasury. |
| |
(3) | Before appointing any person under subsection (2)(b) the Treasury must |
| |
| 5 |
(4) | The persons appointed under subsection (2)(b) must include— |
| |
(a) | one person who is appointed by the Treasury after consulting the |
| |
| |
(b) | one person who is appointed by the Treasury after consulting the |
| |
| 10 |
(c) | one person who is appointed by the Treasury after consulting the |
| |
Department of Finance and Personnel for Northern Ireland. |
| |
(5) | The Treasury may, after consulting the chairman, designate one of the non- |
| |
executive members appointed under subsection (2)(b) as deputy chairman. |
| |
(6) | The executive members are to be— |
| 15 |
(a) | the National Statistician (see section 5), and |
| |
(b) | two other employees of the Board, appointed by the non-executive |
| |
| |
(7) | A person may not be both a non-executive member of the Board and an |
| |
| 20 |
| |
(1) | A non-executive member of the Board is to be appointed— |
| |
(a) | for at least one and no more than five years, and |
| |
(b) | on such other terms and conditions as the person making the |
| |
| 25 |
(2) | A non-executive member is to hold and vacate office in accordance with the |
| |
terms and conditions of his appointment, subject as follows. |
| |
(3) | A non-executive member may resign at any time by notice in writing to the |
| |
| |
(4) | The person appointing a non-executive member may dismiss him by notice in |
| 30 |
writing on the grounds that— |
| |
(a) | the member has been absent from meetings of the Board without |
| |
permission of the Board for a period of more than three months, |
| |
(b) | the member is the subject of a bankruptcy restrictions order (or interim |
| |
| 35 |
(c) | the member has had his estate sequestrated in Scotland or, under Scots |
| |
law, has made a composition or arrangement with, or granted a trust |
| |
| |
(d) | the member is unfit for office by reason of misconduct, |
| |
(e) | the member has failed to comply with the terms of his appointment, or |
| 40 |
(f) | the member is otherwise unable, unfit or unwilling to perform his |
| |
| |
| |
|
| |
|
| |
|
(a) | a non-executive member ceases to be a member otherwise than on the |
| |
expiry of his term of office, and |
| |
(b) | it appears to the Treasury that there are circumstances which make it |
| |
right for him to receive compensation, |
| |
| the Board may pay him compensation of an amount approved by the Treasury. |
| 5 |
(6) | A person who has ceased to be a non-executive member is eligible for re- |
| |
appointment (on any number of occasions). |
| |
5 | Executive members and other staff |
| |
(1) | The Board is to have— |
| |
(a) | an officer known as the National Statistician, and |
| 10 |
(b) | an officer known as the Head of Assessment. |
| |
(2) | The National Statistician is to be— |
| |
(a) | appointed by Her Majesty, and |
| |
(b) | employed by the Board on the terms and conditions of his appointment |
| |
(which may include provision relating to dismissal). |
| 15 |
(3) | The Head of Assessment is to be— |
| |
(a) | appointed by the non-executive members of the Board, and |
| |
(b) | employed by the Board on the terms and conditions of his |
| |
| |
(4) | The Board is to have such other employees as it may appoint. |
| 20 |
(5) | The persons appointed under subsection (4) are to be employed on the terms |
| |
and conditions of their appointment. |
| |
(6) | The Board may only appoint persons under subsection (4) with the approval of |
| |
the Minister for the Civil Service as to numbers and terms and conditions of |
| |
| 25 |
(7) | Service as an employee of the Board is service in the civil service of the State. |
| |
(8) | The employees of the Board who are appointed members of the Board under |
| |
section 3(6)(b) are to hold office as members in accordance with the terms and |
| |
conditions of their appointment as members. |
| |
Official statistics: introductory |
| 30 |
| |
(1) | In this Part “official statistics” means— |
| |
(a) | statistics produced by— |
| |
| |
(ii) | a government department, |
| 35 |
(iii) | the Scottish Administration, |
| |
(iv) | a Welsh ministerial authority, |
| |
(v) | a Northern Ireland department, or |
| |
(vi) | any other person acting on behalf of the Crown, and |
| |
(b) | such other statistics as may be specified by order by— |
| 40 |
(i) | a Minister of the Crown, |
| |
|
| |
|
| |
|
(ii) | the Scottish Ministers, |
| |
(iii) | the Welsh Ministers, or |
| |
(iv) | a Northern Ireland department. |
| |
(2) | An order under subsection (1)(b) may in particular specify all, or a description |
| |
of, the statistics produced or to be produced by a particular person or |
| 5 |
| |
(3) | Before making an order under subsection (1)(b) an authority referred to in that |
| |
provision must consult the Board. |
| |
(4) | The Board must, at least once every financial year, publish a list of statistics |
| |
which are at the time of publication official statistics by virtue of subsection |
| 10 |
| |
(5) | In this Part “Welsh ministerial authority” means any of the following— |
| |
| |
(b) | the First Minister for Wales; |
| |
(c) | the Counsel General to the Welsh Assembly Government. |
| 15 |
| |
(1) | In the exercise of its functions under sections 8 to 19 the Board is to have the |
| |
objective of promoting and safeguarding the production and publication of |
| |
official statistics that serve the public good. |
| |
(2) | In subsection (1) the reference to serving the public good includes in |
| 20 |
| |
(a) | informing the public about social and economic matters, and |
| |
(b) | assisting in the development and evaluation of public policy. |
| |
(3) | The Board is accordingly, in the exercise of its functions under sections 8 to 19, |
| |
to promote and safeguard— |
| 25 |
(a) | the quality of official statistics, |
| |
(b) | good practice in relation to official statistics, and |
| |
(c) | the comprehensiveness of official statistics. |
| |
(4) | In this Part references to the quality of any official statistics includes— |
| |
(a) | their impartiality, accuracy and relevance, and |
| 30 |
(b) | their coherence with other official statistics. |
| |
(5) | In this Part references to good practice in relation to official statistics includes |
| |
ensuring their accessibility. |
| |
General functions relating to official statistics |
| |
8 | Monitoring and reporting of official statistics |
| 35 |
(1) | The Board is to monitor the production and publication of official statistics. |
| |
(2) | The Board may report any concerns it has about— |
| |
(a) | the quality of any official statistics, |
| |
(b) | good practice in relation to any official statistics, or |
| |
(c) | the comprehensiveness of any official statistics, |
| 40 |
| to the person responsible for those statistics. |
| |
|
| |
|
| |
|
(3) | The Board may publish its findings or any report under this section. |
| |
9 | Definitions etc for official statistics |
| |
| |
(a) | develop and maintain definitions, methodologies, classifications and |
| |
standards for official statistics, and |
| 5 |
(b) | promote their use in relation to official statistics. |
| |
(2) | The Board may in particular for the purposes of this section give guidance and |
| |
advice to persons responsible for official statistics. |
| |
(3) | The Board may publish guidance and advice given under this section. |
| |
| 10 |
10 | Code of Practice for National Statistics |
| |
(1) | The Board is to prepare, adopt and publish a Code of Practice for National |
| |
| |
(2) | The Board may at any time revise the Code and, if it decides to do so, must |
| |
publish the Code as revised. |
| 15 |
(3) | In preparing or revising the Code the Board must consult— |
| |
(a) | the Scottish Ministers, |
| |
| |
(c) | the Department of Finance and Personnel for Northern Ireland, and |
| |
(d) | such other persons as it thinks fit. |
| 20 |
| |
(1) | The Code of Practice for National Statistics under section 10 may not deal with |
| |
any matter relating to the granting of pre-release access to official statistics. |
| |
(2) | The appropriate authority may for the purposes of the Code by order provide |
| |
for rules and principles relating to the granting of pre-release access to official |
| 25 |
| |
(3) | The Code shall apply in relation to any official statistics as if it included any |
| |
rules and principles provided for in relation to those statistics under subsection |
| |
| |
(4) | The rules and principles which may be provided for under subsection (2) |
| 30 |
include rules and principles as to— |
| |
(a) | the circumstances in which, or descriptions of statistics in relation to |
| |
which, pre-release access may or may not be granted; |
| |
(b) | the persons or descriptions of person to whom pre-release access may |
| |
| 35 |
(c) | the period, or maximum period, during which pre-release access may |
| |
| |
(d) | the conditions subject to which pre-release access may be so granted. |
| |
(5) | Those rules and principles may— |
| |
(a) | make different provision for different cases, and |
| 40 |
|
| |
|
| |
|
(b) | allow for the exercise of discretion by persons responsible for official |
| |
| |
(6) | In this section “appropriate authority” means— |
| |
(a) | the Treasury, except in a case falling within paragraphs (b) to (d); |
| |
(b) | the Scottish Ministers, in relation to official statistics that are wholly |
| 5 |
Scottish devolved statistics; |
| |
(c) | the Welsh Ministers, in relation to official statistics that are wholly |
| |
Welsh devolved statistics; |
| |
(d) | the Department of Finance and Personnel for Northern Ireland, in |
| |
relation to official statistics that are wholly Northern Ireland devolved |
| 10 |
| |
(7) | Before making an order under subsection (2) the appropriate authority must |
| |
consult the other persons referred to in subsection (6)(a) to (d). |
| |
(8) | In this section “pre-release access”, in relation to official statistics, means access |
| |
to the statistics in their final form prior to publication. |
| 15 |
| |
(1) | At the request of the appropriate authority the Board must, in accordance with |
| |
this Part, assess and determine whether the Code of Practice for National |
| |
Statistics under section 10 has been complied with in relation to any official |
| |
| 20 |
(2) | If under subsection (1) the Board determines that the Code has been complied |
| |
with, it must designate the statistics as “National Statistics”; but otherwise it |
| |
must decline so to designate them. |
| |
(3) | A request under subsection (1) may not be withdrawn. |
| |
(4) | The person responsible for any official statistics in relation to which an |
| 25 |
assessment is being made under subsection (1) must provide the Board with |
| |
such information about the statistics as it may reasonably require. |
| |
(5) | The Board must publish the results of any assessment under subsection (1). |
| |
(6) | The Board may in exercising its functions under subsection (1) take into |
| |
account information or advice received from any person. |
| 30 |
(7) | In subsection (1) the “appropriate authority” in relation to any official statistics |
| |
is a Minister of the Crown, subject to the following— |
| |
(a) | the National Statistician is the appropriate authority in relation to |
| |
statistics produced by the Board; |
| |
(b) | the Scottish Ministers are the appropriate authority in relation to |
| 35 |
official statistics not produced by the Board which are Scottish |
| |
| |
(c) | the Welsh Ministers are the appropriate authority in relation to official |
| |
statistics not produced by the Board which are Welsh devolved |
| |
| 40 |
(d) | any Northern Ireland department is the appropriate authority in |
| |
relation to official statistics not produced by the Board which are |
| |
Northern Ireland devolved statistics. |
| |
|
| |
|
| |
|
(8) | For the purposes of this Part, any official statistics designated as National |
| |
Statistics before the commencement of this section shall be regarded as having |
| |
been so designated under this section. |
| |
| |
(1) | The Board must, in accordance with this Part, assess and determine whether |
| 5 |
the Code of Practice for National Statistics under section 10 continues to be |
| |
complied with in relation to statistics already designated as National Statistics |
| |
| |
(2) | If under subsection (1) the Board determines that the Code continues to be |
| |
complied with in relation to any statistics already designated as National |
| 10 |
Statistics under section 12, it must confirm their designation as National |
| |
Statistics; but otherwise it must cancel their designation. |
| |
(3) | The person responsible for any official statistics in respect of which an |
| |
assessment is being made under subsection (1) must provide the Board with |
| |
such information about the statistics as it may reasonably require. |
| 15 |
(4) | The Board may in exercising its functions under subsection (1) take into |
| |
account information or advice received from any person. |
| |
(5) | The Board must publish the results of any assessment under subsection (1). |
| |
(6) | The designation of any statistics as National Statistics may not be cancelled |
| |
except pursuant to a determination under subsection (1). |
| 20 |
14 | Programme of assessment |
| |
(1) | The Board must prepare and publish a programme for the assessment and re- |
| |
assessment of statistics under sections 12(1) and 13(1). |
| |
(2) | The Board may at any time revise the programme and, if it decides to do so, |
| |
must publish the programme as revised. |
| 25 |
15 | Principles and procedures |
| |
(1) | The Board must prepare and publish a statement of— |
| |
(a) | the principles to which it will have regard, and |
| |
(b) | the procedures which it will adopt, |
| |
| in exercising its functions under sections 12(1) and 13(1). |
| 30 |
(2) | The Board may at any time revise the statement under subsection (1) and, if it |
| |
decides to do so, must publish the statement as revised. |
| |
(3) | In preparing or revising the statement under subsection (1) the Board must |
| |
| |
(a) | the Scottish Ministers, |
| 35 |
| |
(c) | the Department of Finance and Personnel for Northern Ireland, and |
| |
(d) | such other persons as it thinks fit. |
| |
|
| |
|