Census (Jersey) Law 2018
A LAW relating to the provision of
official statistics, including the taking of censuses of the population and for
Adopted by the
States 13th December 2017
Order of Her Majesty in Council 8th February 2018
Registered by the
Royal Court 16th
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
In this Law –
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 authority;
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);
person living alone; or
or more persons living at the same address, who share living accommodation and
“Minister” means the
means those statistics listed in the publication schedule;
prescribed by Order of the Minister;
“public authority” has
the same meaning as in Article 1 of the Freedom of Information (Jersey)
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 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;
means the compilation of statistics or the preparation of anonymised microdata
relating to the information to which this Law applies;
means any statistical output, including any associated commentary and metadata;
means the standards for official statistics set out in Article 11;
has the meaning assigned by Article 2;
has the meaning assigned by Article 8(3)(b);
the meaning assigned by Article 14(6).
powers and duties
States of Jersey Statistics Unit in the Chief Minister’s Department is renamed
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 public);
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.
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;
(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.
exercising any of its functions, Statistics Jersey has the right to act
Jersey may make arrangements with any individual or undertaking for the
collection, compilation, extraction or dissemination of information for
Jersey must maintain close and regular contact with the principal users and
suppliers of statistics.
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.
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.
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
3 Chief Statistician
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 Jersey;
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 Jersey;
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
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.
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
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.
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.
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
appointments made under this Article must, so far as is reasonably practicable,
variety of organisations interested in statistics; and
diversity of the general public.
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.
to this Article the Group may determine its own procedure, including when and
how frequently it meets.
Chairman presides over all meetings of the Group but in his or her absence
another member may preside.
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
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.
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.
matters are –
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.
Group must publish –
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.
Chief Statistician must provide the Group with such secretarial and clerical
assistance as is necessary for the effective performance of its functions.
Code must establish –
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.
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.
Minister must ensure that Statistics Jersey is resourced and has the ability to
carry out its functions under this Law free from political influence.
Minister must not influence any decision of the Chief Statistician in the
exercise of his or her responsibilities under Article 3(1).
the Minister may request the Chief Statistician to undertake any new
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
(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.
with respect to census
The Minister may by Order –
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
the procedure for taking the census;
persons employed or engaged under Article 2 to perform such duties in connection
with the taking of a census as may be prescribed;
such persons to make an affidavit with respect to the performance of their
who is required to provide particulars or information required for the purposes
of a census in prescribed circumstances;
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
provision with respect to any other matter for the purpose of carrying the Order
10 Duties of Chief
Statistician in connection with census
Chief Statistician must make such arrangements and do all such things as are
necessary for the taking of a census.
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
statistical standards and Collection of data
standards for official statistics
Official statistics must be –
accurate, and reliable;
reported and documented in a scientific and transparent manner;
impartially and in a timely manner;
accessible to all who wish to access them;
accordance with appropriate national and international standards and
and objectively displayed (whether by means of text, graphics or other method).
of data and methods of collection
Jersey may collect, whether in conjunction with any census or not, data
relating to economic, social, demographic and general activities and conditions
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.
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.
Chief Statistician may authorize the use of sampling methods for the collection
analysis and publication of 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.
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.
to require particulars and information from undertakings
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 –
the particulars or information from elsewhere; or
under an obligation not to disclose the particulars or information, whether or
not under any enactment.
this Law or any other enactment the undertaking must furnish or supply
particulars or information as directed under paragraph (1).
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.
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
an officer of Statistics Jersey to another such officer in the performance of
his or her functions,
does not give rise to an offence.
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
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
the furnishing of particulars or information under paragraph (2);
the definition of undertaking in paragraph (6).
to provide information etc. on a voluntary basis
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.
and records, including copies of them, may be provided under this Article
despite any restriction in any other enactment.
on disclosure of particulars or information
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.
person must not disclose any particulars or information obtained under this Law
in a form that may identify any individual, household or body.
this Article, the Chief Statistician may authorize the publication or
communication or disclosure of particulars or information obtained under this
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.
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
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.
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.
Article does not apply to any disclosure of particulars or information that is
accordance with any enactment;
pursuance of an order of a court; or
the consent of the individual or body to whom it relates.
of documents and information
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.
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.
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.
to give information or giving false information
A person who –
refuses or without lawful excuse fails to furnish the particulars or
information as required under this Law;
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;
to answer or wilfully gives a false answer to, any question necessary for
obtaining any particulars or information required to be furnished under this
a person required by or 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
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.
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
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.
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
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
of documents and right of access
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.
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.
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
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.
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.
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.
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).
The Census (Jersey) Law 1951 is repealed.
(1) In Article 15(7)
of the Financial Services Commission (Jersey) Law 1998 for the words “the
Statistics Unit in the Chief Minister’s Department” there shall be substituted
the words “Statistics Jersey (within the meaning assigned by Article 2
of the Statistics and Census (Jersey) Law 2018)”.
the following provisions for the words “the States of Jersey Statistics
Unit” there shall be substituted the words “Statistics Jersey
(within the meaning assigned by Article 2 of the Statistics and Census
(Jersey) Law 2018)” –
definition of “Jersey Retail Prices Index” in Article 1(1) of
the Rates (Jersey) Law 2005;
(b) Article 47(5)
of the Gambling (Jersey) Law 2012;
definition of “Jersey index of earnings” in Article 1(1) of
the Social Security (Jersey) Law 1974;
(d) Paragraph 4(2)(a)
and (b) of the Schedule to the Social Security (Bonus) (Jersey) Law 2014;
(e) Regulation 2(4)(b)
of the Income Support (Special Payments) (Jersey) Regulations 2007;
(f) Regulation 2(4)(b)
of the Income Support (Special Payments) (Cold Weather Payments) (Jersey) Regulations 2008;
(g) Regulations 2(1)(b)
and 3(1)(b) of the Long-Term Care (States Contribution) (Jersey) Regulations 2013.
(3) In Article 60C
of the Employment (Jersey) Law 2003 for the words “the
Statistics Unit of the States of Jersey” there shall be substituted the
words “Statistics Jersey (within the meaning assigned by Article 2
of the Statistics and Census (Jersey) Law 2018)”.
(4) In Article 21(9)
of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 for the words
“the Statistics Unit of the Chief Minister’s Department of the
States” there shall be substituted the words “Statistics Jersey (within the meaning assigned by Article 2 of the
Statistics and Census (Jersey) Law 2018)”.
This Law may be cited as the Statistics and Census (Jersey) Law 2018
and comes into force 7 days following its registration.
Deputy Greffier of the States
information required by CENSUS
this Schedule –
“accommodation” includes accommodation comprised
boat, mobile home or other structure that is not fixed in position; or
temporary structure, including a tent;
“census day” means a day appointed under
“communal 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;
“local visitor” means a resident who, at midnight, is
present in a household or communal establishment that is not his or her usual
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 –
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 communal establishment.
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 –
and ethnic background;
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.
(3) If 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.