“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;

“body” means an undertaking other than a public authority;

“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;

“Chief Statistician” means the person appointed as such under Article 2(7);

“Code” means the Code of Practice published under Article 5(4)(a);

“Group” means the Statistics Users Group established under Article 4(1);

“household” means –

(a) one person living alone; or

(b) 2 or more persons living at the same address, who share living accommodation and cooking facilities;

“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 this Law;

“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).

part 2

powers and duties

2 Statistics Jersey

(1) The States of Jersey Statistics Unit in the Chief Minister’s Department is renamed “Statistics Jersey”.

(2) Statistics Jersey is responsible for the collection and processing of data for statistical purposes in accordance with this Law with the aim of –

(a) providing statistical reports of interest to, and which assist with decision-making by, public authorities, other undertakings and individuals (including the general public);

(b) contributing to public policy development and the delivery of public services; and

(c) co-ordinating 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 –

(a) to collect, compile, analyse, extract and disseminate data for statistical purposes in accordance with this Law;

(b) to develop statistical methodology for Jersey and standardise definitions, classifications, terms, procedures and concepts for use in statistical activities;

(c) to 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;

(d) to 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;

(e) to conduct and report on censuses of the population of Jersey in accordance with this Law.

(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 purposes.

(6) Statistics Jersey must maintain close and regular contact with the principal users and suppliers of statistics.

(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 this Law.

(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 Statistics Jersey.

3 Chief Statistician

(1) The Chief Statistician is responsible for –

(a) the management of Statistics Jersey, all aspects of statistics produced by Statistics Jersey and the administration of this Law;

(b) on the advice of the Group, setting the policies and priorities of Statistics Jersey;

(d) the statistical methodology and statistical standards used by Statistics Jersey and ensuring that the requirements of Article 11 and the Code are met;

(e) the manner in which data are collected, processed, documented and stored;

(f) the content of statistical releases and publications issued by Statistics Jersey;

(g) the form, timing and methods of dissemination of statistics compiled by Statistics Jersey;

(h) commenting on the quality and interpretation of any statistics produced by public authorities, other undertakings and individuals;

(i) on the advice of the Group, the discontinuance of any statistical report or the starting of a new one; and

(j) ensuring that a census of the population is taken as required by a decision of the States.

(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) –

(a) may be made subject to such terms and conditions as the Chief Statistician may determine;

(b) while in force does not prevent the Chief Statistician from discharging any functions so delegated; and

4 Constitution 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 –

(a) hold 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;

(b) hold and vacate office in accordance with the terms and conditions of their appointment.

(4) The appointments made under this Article must, so far as is reasonably practicable, reflect –

(a) a variety of organisations interested in statistics; and

(b) the 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 term.

(6) Subject to this Article the Group may determine its own procedure, including when and how frequently it meets.

(7) The Chairman presides over all meetings of the Group but in his or her absence another member may preside.

(8) The Chief Statistician is the secretary to the Group and must attend each meeting of the Group but in an advisory capacity only.

5 Functions 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 public authority.

(2) The terms of reference of the Group are –

(a) having 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

(3) The matters are –

(a) the range of statistics provided;

(b) the relevance and appropriateness of the statistics to the purposes for which they are used;

(d) the confidentiality of information concerning individuals and businesses;

(e) the methodology by which those statistics are compiled and their resultant accuracy and reliability;

(f) the independence of the compilation and dissemination process from political or other inappropriate influence; and

(g) the form and procedures through which statistical information is disseminated.

(4) The Group must publish –

(a) a Code of Practice for official statistics in Jersey including any revisions of the code;

(b) a publication schedule each year;

(d) the 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.

6 Code of Practice

(1) The Code must establish –

(a) principles and practices underlying the production, management and dissemination of official statistics; and

(b) processes 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.

7 Functions of Minister

(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.

part 3

Census

8 Collection of data for census

(1) Statistics Jersey are responsible for the taking of a census to gather such data relating to the population of Jersey as required by the Schedule.

(2) For 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 by it.

(3) However, where such data is insufficient for the purposes of paragraph (1), further data may be collected by means of –

(a) a 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 statistical principles;

(b) a 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”).

(4) For 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.

(6) The data from the census may be disseminated only in a form that does not enable the identification of any individual, household or body.

(7) A 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.

(8) Regulations may amend the Schedule so as to vary the particulars or information required for the purposes of a census.

9 Orders 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 prescribed circumstances;

(f) require 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.

10 Duties 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) prepare a report on the census and present it to the States; and

(b) cause 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.

part 4

statistical standards and Collection of data

11 Statistical standards for official statistics

Official statistics must be –

(a) relevant, accurate, and reliable;

(b) objective and comprehensive;

(d) disseminated 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.

13 Compilation, 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 undertaking –

(a) obtained the particulars or information from elsewhere; or

(b) is 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 –

(a) to 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 residence.

(6) In this Article –

“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 authority.

(7) Regulations may –

(a) exempt the furnishing of particulars or information under paragraph (2);

(b) amend 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) complete a form, questionnaire or other record;

(b) answer any questions; or

(2) Information and records, including copies of them, may be provided under this Article despite any restriction in any other enactment.

part 5

Enforcement

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 –

(a) as statistics that do not identify any individual, household or body;

(b) as anonymised microdata;

(d) that 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 –

(a) in accordance with any enactment;

(b) in pursuance of an order of a court; or

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 offence.

(2) A person employed or engaged under Article 2 commits an offence if the person –

(a) having acquired information that might affect the market value of any product or article directly or indirectly uses the information before it becomes public;

(b) fails 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;

(d) knowingly creates or compiles for issue any false statistics or information;

(e) in 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 –

(a) in 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;

(b) in 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[2]

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 standard scale.

19 Obstruction and impersonation

(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 standard scale.

(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 offences

(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 –

(a) a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or

(b) any 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) delivering a notice under Article 14;

(b) delivering or collecting forms, questionnaires, records or information; or

Part 6

closing

22 Transitional 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 capacity.

(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 organization.

(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).

23 Citation

This Law may be cited as the Statistics and Census (Jersey) Law 2018.

SCHEDULE[3]

(Article 8(1))

information required by CENSUS

1 Interpretation

(1) In this Schedule –

“accommodation” includes accommodation comprised in –

(a) a boat, mobile home or other structure that is not fixed in position; or

(b) any temporary structure, including a tent;

“census day” means a day appointed under Article 8(4);

“communal establishment” means –

(a) any hospital;

(b) any home or other institution providing care and accommodation for children;

(d) any hotel or campsite; or

(e) any prison or other place of detention,

or any like institution or establishment providing accommodation;

“local visitor” means a resident who, at midnight, is present in a household or communal establishment that is not his or her usual address;

“midnight” means midnight at the end of the census day;

“resident” means a person who is not a visitor to Jersey and who is either in Jersey at midnight or absent;

“visitor to Jersey” means a person who is in Jersey at midnight and –

(a) has been in Jersey for a continuous period of less than one month; and

(b) does not intend to be in Jersey for a continuous period of more than one month.

(2) For 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 –

(a) absence on business;

(b) absence on military service;

(d) absence, for no longer than one year, on vacation that the person does not expect to exceed one year;

(e) being a pupil at a boarding-school outside Jersey; or

(f) attendance at university or other tertiary education outside Jersey,

or any like reason.

2 Usual address of resident

(1) Subject 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.

(2) The usual address of a resident who, at midnight –

(a) is residing in a communal establishment;

(b) has resided there for less than 6 months;

(d) previously 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 communal establishment.

(3) The 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.

(4) Where 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 midnight.

3 Required information: households and communal establishments

(1) The following information may be required with respect to a household for the purposes of a census –

(a) the property tenure;

(b) the property type;

(d) the number of cars, vans and motorcycles;

(e) for each resident whose usual address is the household, the information required by paragraph 4;

(f) the name and usual address of each visitor to Jersey present in the household;

(g) the name and usual address of each local visitor present in the household.

(2) The following information may be required with respect to a communal establishment for the purposes of a census –

(a) the type of establishment;

(b) the name of the manager;

(d) the name and usual address of each visitor to Jersey present in the establishment;

(e) the name and usual address of each local visitor present in the establishment.

4 Required information: residents

(1) The following information may be required with respect to each resident for the purposes of a census –

(a) full name;

(b) sex or gender;

(d) date of birth;

(e) country of birth;

(f) nationality;

(g) cultural and ethnic background;

(ga) general 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 of activities;

(h) present period of continuous residence in Jersey;

(i) whether present in or absent on census day from the household or communal establishment which is the person’s usual address; and

(j) if the person is a member of a household, his or her relationship to the main householder.

(2) If the resident is aged 16 or more, the following information may also be required in relation to that resident –

(a) marital status;

(b) residential and employment status as specified in Article 2(1) of the Control of Housing and Work (Jersey) Law 2012;

(d) the 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.

(3) If a resident is aged 16 or more and employed, the following information may also be required in relation to that resident –

(a) title and description of main employment;

(b) hours worked per week;

(d) type of work (permanent or seasonal);

(e) mode of travel to work.

Endnotes

Table of Legislation History

Legislation	Year and No	Commencement	◦Projet No (where applicable)
Statistics and Census (Jersey) Law 2018	L.8/2018	23 February 2018	P.106/2017
Statistics and Census (Amendment of Law) (Jersey) Regulations 2020	R&O.129/2020	11 November 2020	P.115/2020

◦Projets available at www.statesassembly.gov.je

Table of Renumbered Provisions

Original	Current
23	spent, omitted
24	spent, omitted
25	23

Table of Endnote References

[1] Article 1 editorial change, the definition of “census” moved from before the definition of “body” to after it instead

[2] Article 18 editorial change in sub-paragraph (d), "by or" deleted, "by" inserted instead

[3] Schedule amended by R&O.129/2020

Page Last Updated: 11 Oct 2023

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Statistics and Census (Jersey) Law 2018