Statistics and Registration Service Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Statistics and Registration Service Bill

Statistics and Registration Service Bill
Part 1 — The Statistics Board
1

A
Bill
[AS AMENDED IN COMMITTEE]
To
establish and make provision about the Statistics Board; to make provision
about offices and office-holders under the Registration Service Act 1953; and
for connected purposes.
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:—
Part 1
The Statistics Board
The Statistics Board
1
Establishment
(1)
There is to be a body corporate to be known as the Statistics Board (in this Part
5
called “the Board”).
(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.
2
Status
(1)
The Board is to exercise its functions on behalf of the Crown.
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(2)
Accordingly, the property, rights and liabilities of the Board are property,
rights and liabilities of the Crown.

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Statistics and Registration Service Bill
Part 1 — The Statistics Board
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Members and staff
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Members
(1)
The Board is to consist of executive and non-executive members.
(2)
The non-executive members are to be—
(a)
the chairman, appointed by Her Majesty, and
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(b)
at least five other persons appointed by the Cabinet Office.
(3)
Before appointing any person under subsection (2)(b) the Cabinet Office must
consult the chairman.
(4)
The persons appointed under subsection (2)(b) must include—
(a)
one person who is appointed by the Cabinet Office after consulting the
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Scottish Ministers,
(b)
one person who is appointed by the Cabinet Office after consulting the
Welsh Ministers, and
(c)
one person who is appointed by the Cabinet Office after consulting the
Department of Finance and Personnel for Northern Ireland.
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(5)
The Cabinet Office 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—
(a)
the National Statistician (see section 5), and
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(b)
two other employees of the Board, appointed by the non-executive
members.
(7)
A person may not be both a non-executive member of the Board and an
employee of the Board.
4
Non-executive members
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(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
appointment thinks fit.
(2)
A non-executive member is to hold and vacate office in accordance with the
30
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
Cabinet Office.
(4)
The person appointing a non-executive member may dismiss him by notice in
writing on the grounds that—
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(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
order),
(c)
the member has had his estate sequestrated in Scotland or, under Scots
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law, has made a composition or arrangement with, or granted a trust
deed for, his creditors,
(d)
the member is unfit for office by reason of misconduct,

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Part 1 — The Statistics Board
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(e)
the member has failed to comply with the terms of his appointment, or
(f)
the member is otherwise unable, unfit or unwilling to perform his
functions.
(5)
Where—
(a)
a non-executive member ceases to be a member otherwise than on the
5
expiry of his term of office, and
(b)
it appears to the Cabinet Office 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 Cabinet
Office.
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(6)
A person who has ceased to be a non-executive member is eligible for re-
appointment (on any number of occasions).
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Executive members and other staff
(1)
The Board is to have—
(a)
an officer known as the National Statistician, and
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(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).
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(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
appointment.
(4)
The Board is to have such other employees as it may appoint.
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(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
employment.
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(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
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6
Official statistics
(1)
In this Part “official statistics” means—
(a)
statistics produced by—
(i)
the Board,
(ii)
a government department,
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(iii)
the Scottish Administration,

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(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—
(i)
a Minister of the Crown,
5
(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
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description of person.
(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
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(1)(b).
(5)
In this Part “Welsh ministerial authority” means any of the following—
(a)
the Welsh Ministers;
(b)
the First Minister for Wales;
(c)
the Counsel General to the Welsh Assembly Government.
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7
Objective
(1)
In the exercise of its functions under sections 8 to 18 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
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particular—
(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 18,
to promote and safeguard—
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(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
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(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
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Monitoring and reporting of official statistics
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(1)
The Board is to monitor the production and publication of official statistics.

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(2)
The Board is to monitor the arrangements for—
(a)
the release of official statistics, and
(b)
any access to official statistics in their final form prior to publication.
(3)
The Board may report any concerns it has about—
(a)
the quality of any official statistics,
5
(b)
good practice in relation to any official statistics, or
(c)
the comprehensiveness of any official statistics,

to the person responsible for those statistics.
(4)
The Board may publish its findings or any report under this section.
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Definitions etc for official statistics
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(1)
The Board is to—
(a)
develop and maintain definitions, methodologies, classifications and
standards for official statistics, and
(b)
promote their use in relation to official statistics.
(2)
The Board may in particular for the purposes of this section give guidance and
15
advice to persons responsible for official statistics.
(3)
The Board may publish guidance and advice given under this section.
National Statistics
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Code of Practice for National Statistics
(1)
The Board is to prepare, adopt and publish a Code of Practice for National
20
Statistics.
(2)
The Code shall include rules and principles relating to the access to official
statistics in their final form prior to publication (“pre-release access”),
including—
(a)
the circumstances in which, or descriptions of statistics in relation to
25
which, pre-release access may or may not be granted,
(b)
the persons, or descriptions of persons, to whom pre-release access may
be granted,
(c)
the period, or maximum period, during which pre-release access may
be granted, and
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(d)
the conditions subject to which pre-release access may be granted.
(3)
The Code may make different provision for different cases.
(4)
The rules and principles for pre-release access required by subsection (2) shall
keep such access to the minimum necessary to meet the needs of Ministers.
(5)
The Code shall include rules and principles relating to the release of official
35
statistics, including—
(a)
the location from which the release of official statistics may be made,
(b)
the time at which the release of official statistics may be made, and
(c)
the identification of the person or persons who are responsible for the
release of official statistics.
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(6)
The Board may at any time revise the Code and, if it decides to do so, must
publish the Code as revised.
(7)
In preparing or revising the Code the Board must consult—
(a)
the Scottish Ministers,
(b)
the Welsh Ministers,
5
(c)
the Department of Finance and Personnel for Northern Ireland, and
(d)
such other persons as it thinks fit.
11
Assessment
(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
10
Statistics under section 10 has been complied with in relation to any official
statistics.
(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.
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(3)
A request under subsection (1) may not be withdrawn.
(4)
The person responsible for any official statistics in relation to which an
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).
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(6)
The Board may in exercising its functions under subsection (1) take into
account information or advice received from any person.
(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
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statistics produced by the Board;
(b)
the Scottish Ministers are the appropriate authority in relation to
official statistics not produced by the Board which are Scottish
devolved statistics;
(c)
the Welsh Ministers are the appropriate authority in relation to official
30
statistics not produced by the Board which are Welsh devolved
statistics;
(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.
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(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.
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Re-assessment
(1)
The Board must, in accordance with this Part, assess and determine whether
40
the Code of Practice for National Statistics under section 10 continues to be
complied with in relation to statistics already designated as National Statistics
under section 11.

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Part 1 — The Statistics Board
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(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
Statistics under section 11, 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
5
assessment is being made under subsection (1) must provide the Board with
such information about the statistics as it may reasonably require.
(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).
10
(6)
The designation of any statistics as National Statistics may not be cancelled
except pursuant to a determination under subsection (1).
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Programme of assessment
(1)
The Board must prepare and publish a programme for the assessment and re-
assessment of statistics under sections 11(1) and 12(1).
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(2)
The Board may at any time revise the programme and, if it decides to do so,
must publish the programme as revised.
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Principles and procedures
(1)
The Board must prepare and publish a statement of—
(a)
the principles to which it will have regard, and
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(b)
the procedures which it will adopt,

in exercising its functions under sections 11(1) and 12(1).
(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
25
consult—
(a)
the Scottish Ministers,
(b)
the Welsh Ministers,
(c)
the Department of Finance and Personnel for Northern Ireland, and
(d)
such other persons as it thinks fit.
30
15
List of National Statistics
The Board must, at least once every financial year, publish a list of statistics
which are at the time of publication designated as National Statistics under this
Part.
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Code: transitional
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(1)
In this section—
(a)
“the interim period” means the period after the Board is established
under section 1 but before the Board has adopted and published a Code
under section 10(1), and