Statistics and Registration Service Act 2007
Part 1 — The Statistics Board
The Statistics Board
Information relating to NHS registration: Wales
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- (1) There is to be a body corporate to be known as the Statistics Board (in this Part 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.
Employment status of officials
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- (1) The Board is to exercise its functions on behalf of the Crown.
- (2) Accordingly, the property, rights and liabilities of the Board are property, rights and liabilities of the Crown.
Members and staff
Members
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- (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
- (b) at least five other persons appointed by the Minister for the Cabinet Office.
- (3) Before appointing any person under subsection (2)(b) the Minister for 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 Minister for the Cabinet Office after consulting the Scottish Ministers,
- (b) one person who is appointed by the Minister for the Cabinet Office after consulting the Welsh Ministers, and
- (c) one person who is appointed by the Minister for the Cabinet Office after consulting the Department of Finance and Personnel for Northern Ireland.
- (5) The Minister for 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
- (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.
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 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 Minister for the Cabinet Office.
- (4) The person appointing a non-executive member may dismiss him by notice in 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 an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986,
- (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 deed for, his creditors,
- (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
- (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 expiry of his term of office, and
- (b) it appears to the Minister for 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 Minister for the Cabinet Office.
- (6) A person who has ceased to be a non-executive member is eligible for re-appointment (on any number of occasions).
Executive members and other staff
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- (1) The Board is to have—
- (a) an officer known as the National Statistician, and
- (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).
- (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.
- (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.
- (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
Official statistics
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- (1) In this Part “official statistics” means—
- (a) statistics produced by—
- (i) the Board,
- (ii) a government department,
- (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—
- (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 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 (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.
Objective
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- (1) In the exercise of its functions under sections 8 to 21 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 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 21, to promote and safeguard—
- (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
- (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
Monitoring and reporting of official statistics
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- (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,
to the person responsible for those statistics.
- (3) The Board may publish its findings or any report under this section.
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 advice to persons responsible for official statistics.
- (3) The Board may publish guidance and advice given under this section.
National Statistics
Code of Practice for Statistics
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- (1) The Board is to prepare, adopt and publish a Code of Practice for Statistics.
- (2) The Board may at any time revise the Code and, if it decides to do so, must publish the Code as revised.
- (3) In preparing or revising the Code the Board must 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.
Pre-release access
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- (1) The Code of Practice for 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 statistics.
- (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 (2).
- (4) The rules and principles which may be provided for under subsection (2) 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 be granted;
- (c) the period, or maximum period, during which pre-release access may be so granted;
- (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
- (b) allow for the exercise of discretion by persons responsible for official statistics.
- (5A) Subsections (2) to (5) are subject to section 11A.
- (6) In this section “appropriate authority” means—
- (a) the Minister for the Cabinet Office, except in a case falling within paragraphs (b) to (d);
- (b) the Scottish Ministers, in relation to official statistics that are wholly 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 statistics.
- (7) Before making an order under subsection (2) the appropriate authority must consult—
- (a) the other persons referred to in subsection (6)(a) to (d), and
- (b) the Board.
- (8) In this section “pre-release access”, in relation to official statistics, means access to the statistics in their final form prior to publication.
Assessment
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- (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 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.
- (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).
- (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 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 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.
- (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.
Duty to continue to comply with Code
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- (1) The person producing any official statistics which are designated under section 12 as National Statistics must ensure that the Code of Practice for Statistics under section 10 continues to be complied with in relation to the statistics.
- (2) Failure to comply with subsection (1) in relation to any statistics means that the designation of the statistics as National Statistics may not be confirmed under section 14 (but no action shall lie in relation to any such failure).
Re-assessment
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- (1) The Board must, in accordance with this Part, assess and determine whether the Code of Practice for Statistics under section 10 continues to be complied with in relation to statistics already designated as National Statistics under section 12.
- (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 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.
- (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).
Programme of assessment
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- (1) The Board must prepare and publish a programme for the assessment and re-assessment of statistics under sections 12(1) and 14(1).
- (2) The Board may at any time revise the programme and, if it decides to do so, must publish the programme as revised.
Requests for assessment: supplementary
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- (1) Where in the case of any official statistics other than statistics produced by the Board—
- (a) the appropriate authority has not under section 12(1) requested the Board to assess and determine whether the Code of Practice for Statistics has been complied with, and
- (b) the Board is of the view that it would be appropriate for it to do so,
the Board must notify the appropriate authority accordingly.
- (2) Where the appropriate authority is a Minister of the Crown, the Board must lay a copy of its notification under subsection (1) before Parliament.
- (3) A Minister of the Crown, on receiving notification under subsection (1), must provide the Board with—
- (a) a statement that he intends to make a request under section 12(1) in relation to the statistics, or
- (b) a statement that he does not intend to make such a request,
and must lay a copy of the statement before Parliament.
- (4) A statement under subsection (3)(a) must include a timetable for making the request.
- (5) A statement under subsection (3)(b) must give reasons for not making the request.
- (6) Where the National Statistician determines not to make a request under section 12(1) in relation to any official statistics produced by the Board, he must—
- (a) make a statement that he does not intend to make such a request, giving reasons, and
- (b) lay a copy of the statement before Parliament.
- (7) In this section “appropriate authority” has the same meaning as in section 12(1).
Principles and procedures
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- (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 14(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 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.
List of National Statistics
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