Statistics and Census
(Jersey) Law 2018
A LAW relating to the provision of official statistics, including the
taking of censuses of the population and for connected purposes
Commencement [see endnotes]
In this Law –
“anonymised microdata” means particulars or information
relating to an individual, household or body, in a form that conceals or
protects the identity of the individual, household or body, whether by
presenting those particulars or information in statistical form or otherwise,
so that the identity cannot be readily discovered or ascertained from the
particulars or information;
“census” means the process of collecting, compiling,
evaluating, analysing and publishing or otherwise disseminating demographic,
economic and social data pertaining, at a specific time, to all persons, and
their living quarters in a country or well delimited part of a country and in
this Law a reference to a census without qualification includes both a sample
survey and a traditional census;
“body” means an undertaking other than a public
“Chief Statistician” means the person appointed as such
under Article 2(7);
“Code” means the Code of Practice published under
“Group” means the Statistics Users Group established
under Article 4(1);
“household” means –
person living alone; or
(b) 2 or
more persons living at the same address, who share living accommodation and
“Minister” means the Chief Minister;
“official statistics” means those statistics listed in
the publication schedule;
“prescribed” means prescribed by Order of the Minister;
“public authority” has the same meaning as in Article 1
of the Freedom of Information
(Jersey) Law 2011;
“publication schedule” means all the publications
produced by Statistics Jersey and published by the Group in any year as meeting
the standards set out in Article 11 and being compliant with the Code;
“Regulations” means Regulations made by the States under
“rolling census” has the meaning assigned by Article 8(3)(b);
“sample survey” has the meaning assigned by Article 8(3)(a);
“States Employment Board” has the meaning assigned by
Article 4 of the Employment of States of
Jersey Employees (Jersey) Law 2005;
“statistical purposes” means the compilation of
statistics or the preparation of anonymised microdata relating to the
information to which this Law applies;
“statistical report” means any statistical output,
including any associated commentary and metadata;
“statistical standards” means the standards for official
statistics set out in Article 11;
“Statistics Jersey” has the meaning assigned by Article 2;
“traditional census” has the meaning assigned by Article 8(3)(b);
“undertaking” has the meaning assigned by Article 14(6).
powers and duties
(1) The States of Jersey
Statistics Unit in the Chief Minister’s Department is renamed
(2) Statistics Jersey is
responsible for the collection and processing of data for statistical purposes
in accordance with this Law with the aim of –
statistical reports of interest to, and which assist with decision-making by,
public authorities, other undertakings and individuals (including the general
to public policy development and the delivery of public services; and
as effectively as possible and rendering useful the information produced from
the data and avoiding unnecessary duplication of requests for information.
(3) Without limiting
paragraph (2), Statistics Jersey has the following functions –
collect, compile, analyse, extract and disseminate data for statistical
purposes in accordance with this Law;
develop statistical methodology for Jersey and standardise definitions,
classifications, terms, procedures and concepts for use in statistical
advise public authorities on the gathering, compiling, analysis and utilisation
of statistics, the production of statistical reports and whether or not they
comply with the Code and with statistical standards;
consider the statistical potential of the records maintained by public
authorities and, in conjunction with them, to facilitate the realising of this
potential in so far as resources permit;
conduct and report on censuses of the population of Jersey in accordance with
(4) In exercising any of
its functions, Statistics Jersey has the right to act independently.
(5) Statistics Jersey may
make arrangements with any individual or undertaking for the collection,
compilation, extraction or dissemination of information for statistical
(6) Statistics Jersey must
maintain close and regular contact with the principal users and suppliers of
(7) There is appointed a
Chief Statistician and such other officers as may be necessary for the carrying
out of the functions of Statistics Jersey under this Law, all such officers
being States employees within the meaning of Article 2 of the Employment of States of
Jersey Employees (Jersey) Law 2005.
(8) The Minister may engage
such temporary staff or consultants as the Chief Statistician considers are
necessary for the proper performance of the function of Statistics Jersey under
(9) Every person employed
or engaged under this Article must, before assuming his or her duties, sign a
declaration that he or she will faithfully and honestly fulfil his or her
duties for Statistics Jersey as required under this Law and that he or she will
not, without due authority, disclose or make known any matter or thing that
comes to his or her knowledge by reason of such employment or work for
(1) The Chief Statistician
is responsible for –
management of Statistics Jersey, all aspects of statistics produced by
Statistics Jersey and the administration of this Law;
the advice of the Group, setting the policies and priorities of Statistics
the Group on the quality, relevance and integrity of official statistics;
statistical methodology and statistical standards used by Statistics Jersey and
ensuring that the requirements of Article 11 and the Code are met;
manner in which data are collected, processed, documented and stored;
content of statistical releases and publications issued by Statistics Jersey;
form, timing and methods of dissemination of statistics compiled by Statistics
on the quality and interpretation of any statistics produced by public
authorities, other undertakings and individuals;
the advice of the Group, the discontinuance of any statistical report or the
starting of a new one; and
that a census of the population is taken as required by a decision of the
(2) The Chief Statistician
may delegate any of his or her functions under this Law to any officer of
Statistics Jersey and any function so delegated is treated as having been
exercised by the Chief Statistician.
(3) A delegation under
paragraph (2) –
be made subject to such terms and conditions as the Chief Statistician may
in force does not prevent the Chief Statistician from discharging any functions
so delegated; and
at any time be revoked by the Chief Statistician.
of Statistics Users Group
(1) There is to be a
Statistics Users Group consisting of a Chairman and no fewer than 6 and no more
than 10 individuals appointed by the Minister.
(2) At least 2 weeks
before making an appointment or re-appointment under this Article, the
Minister must present to the States a notice of intention to make the
appointment or re-appointment.
(3) The persons appointed
under this Article –
office for a term of 3 years, and on expiry of any such term be eligible
for re-appointment subject to serving a maximum of 3 terms;
and vacate office in accordance with the terms and conditions of their
(4) The appointments made
under this Article must, so far as is reasonably practicable,
variety of organisations interested in statistics; and
diversity of the general public.
(5) If a person appointed
under this Article leaves office before the expiry of his or her term of
appointment the Minister may appoint a person to complete the remainder of that
(6) Subject to this Article
the Group may determine its own procedure, including when and how frequently it
(7) The Chairman presides
over all meetings of the Group but in his or her absence another member may
(8) The Chief Statistician
is the secretary to the Group and must attend each meeting of the Group but in
an advisory capacity only.
of Statistics Users Group
(1) The Group is
independent of government and has the primary function of overseeing the
quality, relevance and integrity of statistics compiled by or on behalf of a
(2) The terms of reference
of the Group are –
taken such expert advice as the Group considers appropriate and having regard
to the resources available to the Group, to review and comment upon any
statistics compiled by or on behalf of a public authority, with respect to the
matters set out in paragraph (3);
(b) to promote
the standards for official statistics set out in Article 11; and
make such recommendations to the Minister as the Group considers appropriate.
(3) The matters
range of statistics provided;
relevance and appropriateness of the statistics to the purposes for which they
demands placed upon providers of information, whether it be provided on a
voluntary or compulsory basis;
confidentiality of information concerning individuals and businesses;
methodology by which those statistics are compiled and their resultant accuracy
independence of the compilation and dissemination process from political or
other inappropriate influence; and
form and procedures through which statistical information is disseminated.
(4) The Group must
Code of Practice for official statistics in Jersey including any revisions of
publication schedule each year;
5-yearly programme of statistics; and
minutes of its meetings.
(5) The Chief Statistician
must provide the Group with such secretarial and clerical assistance as is
necessary for the effective performance of its functions.
(1) The Code must
and practices underlying the production, management and dissemination of
official statistics; and
governing the release of official statistics and rules relating to the granting
of access to those statistics prior to their general release.
(2) The Group must monitor
compliance with the Code and where, following notification from any public
authority, other undertaking or individual of its own volition, it considers
that any official statistics contravene the Code, the Group must direct that
they be removed from the next publication schedule.
(1) The Minister must
ensure that Statistics Jersey is resourced and has the ability to carry out its
functions under this Law free from political influence.
(2) The Minister must not
influence any decision of the Chief Statistician in the exercise of his or her
responsibilities under Article 3(1).
(3) However, the Minister
may request the Chief Statistician to undertake any new statistical report.
of data for census
Jersey are responsible for the taking of a census to gather such data relating
to the population of Jersey as required by the Schedule.
the purposes of a census, Statistics Jersey must, at such intervals as the
Chief Statistician directs, analyse and link data collected for administrative
purposes already in the possession of Statistics Jersey or readily obtainable
where such data is insufficient for the purposes of paragraph (1), further
data may be collected by means of –
sample survey, being a collection of data, on a day specified by the Chief
Statistician, from a section or sample of the population selected according to
traditional census, being a collection of data from the whole population
conducted either on a single appointed day or on different appointed days for
people in different geographical areas (a “rolling census”).
the purposes of paragraph (3)(b) an appointed day is a day appointed by an
Act of the States.
(5) Parts 4
and 5 apply to the collection of data for the purposes of a census as they
apply to the collection of data for any other statistical purpose.
data from the census may be disseminated only in a form that does not enable
the identification of any individual, household or body.
person requested to give any particulars or information for the purposes of a
census must comply with that request to the best of the person’s ability.
may amend the Schedule so as to vary the particulars or information required
for the purposes of a census.
with respect to census
The Minister may by Order –
(a) provide for the
division of Jersey into districts for the purposes of a traditional census,
including a rolling census, and the appointment of persons to act in those districts;
(b) prescribe the procedure
for taking the census;
(c) require persons
employed or engaged under Article 2 to perform such duties in connection
with the taking of a census as may be prescribed;
(d) require such persons to
make an affidavit with respect to the performance of their duties;
(e) specify who is required
to provide particulars or information required for the purposes of a census in
particulars or information to be given to the persons liable to make returns
for the purposes of a census by the persons with respect to whom the returns
are to be made; and
(g) make provision with
respect to any other matter for the purpose of carrying the Order into effect.
of Chief Statistician in connection with census
(1) The Chief Statistician
must make such arrangements and do all such things as are necessary for the
taking of a census.
(2) As soon as practicable
after the taking of a census, the Chief Statistician must –
a report on the census and present it to the States; and
a copy of the report to be transmitted to the Department of the Government of
the United Kingdom responsible for the United Kingdom’s constitutional
relationship with Jersey.
statistical standards and Collection of data
standards for official statistics
Official statistics must be –
(a) relevant, accurate, and
(b) objective and
(c) compiled, reported and
documented in a scientific and transparent manner;
impartially and in a timely manner;
(e) readily accessible to
all who wish to access them;
(f) in accordance
with appropriate national and international standards and classifications; and
(g) clearly and objectively
displayed (whether by means of text, graphics or other method).
12 Type of data and
methods of collection
(1) Statistics Jersey may
collect, whether in conjunction with any census or not, data relating to
economic, social, demographic and general activities and conditions in Jersey.
(2) Statistics Jersey must
seek to avoid collecting data where data collected for administrative purposes
is readily accessible, of suitable quality and sufficiently up to date to
enable it to carry out its functions under this Law.
(3) Statistics Jersey may
prepare forms, questionnaires and other records for the collection of data
relevant to the discharge of its functions under this Law, the instructions
necessary for their proper completion, and specify the date or period within
which they must be returned to Statistics Jersey.
(4) The Chief Statistician
may authorize the use of sampling methods for the collection of data.
analysis and publication of statistics
(1) Statistics Jersey must
cause the data collected under this Law to be compiled and analysed and may
publish the resulting statistical report, or abstracts of or extracts from it,
with or without observations.
(2) Except as provided by
this Law a report, summary of statistics or other publication under this Law
must not, without the necessary consent having been obtained, be published or
disseminated in a manner that is likely to enable the identification of any
particular individual, household or body.
14 Power to require
particulars and information from undertakings
(1) For the purposes only
of obtaining data for statistical purposes the Chief Statistician may by
written notice served on any person carrying on an undertaking, direct the
undertaking to furnish or supply to him or her with any particulars or
information in the possession of the undertaking, whether or not the
the particulars or information from elsewhere; or
under an obligation not to disclose the particulars or information, whether or
not under any enactment.
(2) Despite this Law or any
other enactment the undertaking must furnish or supply particulars or
information as directed under paragraph (1).
(3) Any particulars and
information required to be furnished under paragraph (1) must be furnished
within such time as may be required by the Chief Statistician after
consultation with the undertaking.
(4) Despite this Law or any
other enactment, the disclosure of any particulars or information to which
paragraph (1) applies –
the Chief Statistician under this Article; or
(b) by an
officer of Statistics Jersey to another such officer in the performance of his
or her functions,
does not give rise to an offence.
(5) It is sufficient for
the purposes of paragraph (1) if the notice is addressed to the
undertaking and delivered to any premises from which it operates or to any
individual involved in its management at his or her place of business or
(6) In this
“officer” includes a person engaged under Article 2(8);
“undertaking” means any undertaking by way of trade,
business or other activity, whether or not for profit, and includes any public
the furnishing of particulars or information under paragraph (2);
the definition of undertaking in paragraph (6).
15 Invitation to
provide information etc. on a voluntary basis
(1) The Chief Statistician
may invite any individual or body on a voluntary basis to –
a form, questionnaire or other record;
any questions; or
any information or records.
(2) Information and
records, including copies of them, may be provided under this Article despite
any restriction in any other enactment.
16 Restriction on
disclosure of particulars or information
(1) Particulars or
information furnished by an individual or undertaking under this Law may be
used only for statistical purposes or for analysis and must not otherwise be
published or communicated.
(2) A person must not
disclose any particulars or information obtained under this Law in a form that
may identify any individual, household or body.
(3) Despite this Article,
the Chief Statistician may authorize the publication or communication or
disclosure of particulars or information obtained under this Law –
statistics that do not identify any individual, household or body;
the purposes of any proceedings for an offence under this Law or any report of
those proceedings; or
are already available in the public domain.
(4) The Chief Statistician may,
in respect of any particulars or information disclosed under paragraph (3),
impose conditions as to the use of the particulars or information by notice in
writing to the individual or undertaking to whom it is disclosed.
(5) Nothing in this Law
requires an individual or undertaking to provide particulars or information in
circumstances that would entitle the individual or undertaking to decline to
give the information on grounds of privilege.
(6) A person who
contravenes paragraph (1) or paragraph (2) or fails to comply with
any conditions imposed on the person under paragraph (4) is guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
(7) This Article does not
apply to any disclosure of particulars or information that is made –
accordance with any enactment;
pursuance of an order of a court; or
the consent of the individual or body to whom it relates.
17 Protection of
documents and information
(1) A person who wilfully
destroys, damages or falsifies any document or record containing particulars or
information collected under this Law, unless (except in the case of a
falsification) it is authorized by the Chief Statistician, is guilty of an
(2) A person employed or
engaged under Article 2 commits an offence if the person –
acquired information that might affect the market value of any product or
article directly or indirectly uses the information before it becomes public;
to keep custody of, in such a manner as to ensure that unauthorized persons
will not have access to it, any document or record containing particulars or
information collected under this Law;
fails to return to Statistics Jersey a document or record collected under this
creates or compiles for issue any false statistics or information;
the pretended performance of his or her functions under this Law obtains or
attempts to obtain by any means on any occasion any document, record,
particulars or information that he or she is not so entitled to obtain.
(3) A person who commits an
offence under this Article is liable –
the case of an offence under paragraph (1) or under paragraph (2)(a),
(d) or (e), to imprisonment for a term of 2 years and a fine;
the case of an offence under paragraph (2)(b) or (c), to imprisonment for
a term of 6 months and to a fine of level 3 on the standard scale.
18 Refusal to give
information or giving false information
A person who –
(a) wilfully refuses or
without lawful excuse fails to furnish the particulars or information as
required under this Law;
(b) wilfully furnishes or
causes to be furnished any false particulars or information in respect of any
matter in respect of which particulars or information is required to be
furnished under this Law;
(c) refuses to answer or
wilfully gives a false answer to, any question necessary for obtaining any
particulars or information required to be furnished under this Law; or
(d) being a person required
by an Order under this Law to make an affidavit with respect to the performance
or his or her duties, makes a false declaration,
is guilty of an offence and liable to a fine of level 2 on the
19 Obstruction and
(1) A person who wilfully
obstructs any person employed or engaged under Article 2 in the exercise
of his or her functions under this Law is guilty of an offence and liable to
imprisonment for a term of 6 months and a fine of level 3 on the
(2) A person who
impersonates any person employed or engaged under Article 2 is guilty of
an offence and liable to imprisonment for a term of 6 months and a fine of
level 3 on the standard scale.
20 Liability for
(1) Where an offence under
this Law committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of –
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
person purporting to act in any such capacity,
the person is also guilty of the offence and liable to the penalty
provided for that offence.
(2) If the affairs of a
body corporate are managed by its members, paragraph (1) applies in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
(3) A person who aids,
abets, counsels or procures the commission of an offence under this Law is also
guilty of the offence and liable to the penalty provided for that offence.
21 Delivery of
documents and right of access
(1) A notice or record
delivered by a person employed or engaged under Article 2 in the absence
of evidence to the contrary is sufficient evidence that it has been duly issued
and delivered by or on behalf of the Chief Statistician.
(2) The delivery of any
notice or record may be effected by being delivered in person by a person
employed or engaged under Article 2 or by post or by other means of
communication and if delivered by post is taken to have been received when it
would, in the ordinary course of post, be delivered.
(3) A person employed or
engaged under Article 2 may, other than by force and at all reasonable
times, on production of his or her authority if demanded, enter any land or
premises, for the purposes of –
a notice under Article 14;
or collecting forms, questionnaires, records or information; or
such enquiries as he or she is authorized to make under this Law.
provisions and savings
(1) Any person employed by,
or engaged to work for, the Statistics Unit in whatever capacity before the
commencement of this Law is, on its commencement, treated as employed or
engaged to work for Statistics Jersey under Article 2 in that same
(2) A person mentioned in
paragraph (1) must sign the declaration set out in Article 2(9) as
soon as practicable after the commencement of this Law.
(3) Any person appointed to
an organization carrying on the functions of the Group before the commencement
of this Law is, on its commencement, treated as appointed to the Group under
Article 4 but from the date on which the person was appointed to that
(4) Any Code of Practice
for official statistics in Jersey in use at the time of the commencement of
this Law is treated as published under Article 5(4)(a).
This Law may be cited as the Statistics and Census (Jersey)
required by CENSUS
this Schedule –
includes accommodation comprised in –
boat, mobile home or other structure that is not fixed in position; or
temporary structure, including a tent;
means a day appointed under Article 8(4);
establishment” means –
home or other institution providing care and accommodation for children;
nursing, care or residential home;
hotel or campsite; or
prison or other place of detention,
or any like institution or
establishment providing accommodation;
visitor” means a resident who, at midnight, is present in a household or
communal establishment that is not his or her usual address;
means midnight at the end of the census day;
means a person who is not a visitor to Jersey and who is either in Jersey at
midnight or absent;
Jersey” means a person who is in Jersey at midnight and –
been in Jersey for a continuous period of less than one month; and
not intend to be in Jersey for a continuous period of more than one month.
the purposes of sub-paragraph (1), a person is a resident who is absent if
the person’s usual address is in Jersey but, at midnight, the person is
away from Jersey by reason of –
on military service;
for medical treatment;
for no longer than one year, on vacation that the person does not expect to
exceed one year;
a pupil at a boarding-school outside Jersey; or
at university or other tertiary education outside Jersey,
or any like reason.
address of resident
to the following provisions of this paragraph, the usual address of a resident
is, for the purposes of the taking of the census, the household or communal
establishment in Jersey at which the person usually resides.
usual address of a resident who, at midnight –
residing in a communal establishment;
resided there for less than 6 months;
to reside there for less than 6 months; and
resided in a household or another communal establishment in Jersey,
is, for the purposes of
the taking of the census, the household or communal establishment that was his
or her usual address in Jersey before he or she entered the first-mentioned
usual address of a resident who is a minor and who, by reason of arrangements
for his or her shared custody, resides in more than one household in Jersey is,
for the purposes of the taking of the census, the household in which he or
she spends the majority of his or her time.
a minor described in sub-paragraph (3) divides his or her time equally
between the households, the usual address of the minor is, for the purposes of
the taking of the census, the household in which he or she is present at
information: households and communal establishments
following information may be required with respect to a household for the
purposes of a census –
number of bedrooms and other rooms;
number of cars, vans and motorcycles;
each resident whose usual address is the household, the information required by
name and usual address of each visitor to Jersey present in the household;
name and usual address of each local visitor present in the household.
following information may be required with respect to a communal establishment
for the purposes of a census –
type of establishment;
name of the manager;
list of the names of residents whose usual address is the establishment
(whether or not present);
name and usual address of each visitor to Jersey present in the establishment;
name and usual address of each local visitor present in the establishment.
following information may be required with respect to each resident for the
purposes of a census –
(d) date of
and ethnic background;
state of health;
(gb) whether or
not the person has a physical or mental disability or chronic illness, and if
so the effect it has on the person’s ability to carry out a normal range
period of continuous residence in Jersey;
present in or absent on census day from the household or communal establishment
which is the person’s usual address; and
the person is a member of a household, his or her relationship to the main
the resident is aged 16 or more, the following information may also be
required in relation to that resident –
and employment status as specified in Article 2(1) of the Control
of Housing and Work (Jersey) Law 2012;
extent to which the resident is working, or whether he or she is unemployed,
engaged in full-time education, unable to work or not looking for work, and if
not able to work or not looking for work, for what reason.
a resident is aged 16 or more and employed, the following information may
also be required in relation to that resident –
and description of main employment;
worked per week;
and address (including postcode) of place of work;
of work (permanent or seasonal);
of travel to work.