Statistics and Census (Jersey) Amendment Law 202-

Jersey coat of arms

Statistics and Census (Jersey) Amendment Law 202-

Article

1             Statistics and Census (Jersey) Law 2018 amended. 2

2             Article 1 (interpretation) amended. 2

3             Part 2 (powers and duties) substituted. 3

4             Parts 2A and 2B inserted. 8

5             Article 8 (collection of data for census) amended. 14

6             Article 9 (Orders with respect to census) amended. 14

7             Part 4 heading amended. 14

8             Article 11 (statistical standards for official statistics) deleted. 14

9             Article 12 (type of data and methods of collection) amended. 15

10           Article 13 (compilation, analysis and publication of statistics) 15

11           Article 14 (power to require particulars and information from undertakings) amended. 15

12           Article 15 (invitation to provide information etc. on a voluntary basis) amended. 15

13           Article 16 (restriction on disclosure of particulars or information) amended. 15

14           Article 17 (protection of documents and information) amended. 16

15           Amendments relating to employees. 16

16           Article 21A inserted. 16

17           Article 22 (transitional provisions and savings) amended. 16

18           Schedule renumbered and Schedules inserted. 17

19           Schedule 3 (information required by census) amended. 17

20           Public Finances (Jersey) Law 2019 amended. 18

21           Consequential amendments. 18

22           Citation and commencement 19

Schedules 1 and 2 inserted   20

 


Jersey coat of arms

Statistics and Census (Jersey) Amendment Law 202-

A LAW to amend the Statistics and Census (Jersey) Law 2018 and for connected purposes.

Adopted by the States                                                                     10 September 2024

Sanctioned by Order of His Majesty in Council                     [date to be inserted]

Registered by the Royal Court                                                    [date to be inserted]

Coming into force                                                                           [date to be inserted]

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

1        Statistics and Census (Jersey) Law 2018 amended

Articles 2 to 19 of this Law amend the Statistics and Census (Jersey) Law 2018.

2        Article 1 (interpretation) amended

In Article 1 –

(a)     after the definition “anonymised microdata” there is inserted –

“ “Appointment Procedures Law” means the States of Jersey (Appointment Procedures) (Jersey) Law 2018;”;

(b)     for the definition “Chief Statistician” there is substituted –

“ “Chief Statistician” means the person appointed under Schedule 1;”;

(c)     in the definition “Code” for “published under Article 5(4)(a)” there is substituted “produced and published under Article 7I(1)”;

(d)     after the definition “Code” there is inserted –

“ “common strategic policy” means the common strategic policy referred to in Article 18(2)(e) of the States of Jersey Law 2005;”;

(e)     the definitions “Group” and “official statistics” are deleted;

(f)      after the definition “household” there is inserted –

“ “Jersey Statistical System” or “JSS” has the meaning assigned by Article 7M(1);

“Jersey Appointments Commission” means the Commission established under Article 17 of the Employment of States of Jersey Employees (Jersey) Law 2005;”;

(g)     after the definition “Minister” there is inserted –

“ “Office of the Chief Statistician” or “OCS” has the meaning assigned by Article 5(1);”;

(h)     the definition “publication schedule” is deleted and in its place there is inserted –

“ “publish” in relation to an obligation of the Chief Statistician to publish, means publish in a manner determined by the Chief Statistician;”;

(i)      after the definition “Regulations” there is inserted –

“ “release calendar” means a list issued by the Chief Statistician stating when various statistical reports are to be published;”;

(j)      the definition “States Employment Board” is deleted and in its place there is inserted –

“ “statistical profession” means the statisticians and analysts who produce statistics in the course of their work;”;

(k)     the definition “statistical standards” is deleted and in its place there is substituted –

“ “Statistics Council” means the body appointed under Article 7C(1);

“tier 1 statistics” has the meaning assigned by Article 7G;”;

(l)      the definition “Statistics Jersey” is deleted.

3        Part 2 (powers and duties) substituted

For Part 2 there is substituted –

“Part 2

Duties of Chief Statistician and governance of OCS

2        Status and role of Chief Statistician

(1)     The Chief Statistician is a corporation sole having perpetual succession and may –

(a)     enter into agreements for any purpose of the office;

(b)     acquire, hold and dispose of movable or immovable property;

(c)     sue and be sued in civil proceedings;

(d)     if charged with an offence, defend criminal proceedings;

(e)     determine and charge reasonable sums for anything done or provided by the Chief Statistician in the discharge of, or in connection with, the functions of the office; and

(f)      do anything reasonably necessary, expedient for or incidental to the Chief Statistician’s functions.

(2)     The Chief Statistician holds and vacates office in accordance with Schedule 1 and the terms and conditions of the appointment and heads the statistical profession working with the Jersey Statistical System.

(3)     Schedule 1 makes further provision in respect of the terms of service of the Chief Statistician and may be amended by Regulations made by the States to make different provision in that respect.

3        Responsibilities and functions of Chief Statistician

(1)     The Chief Statistician is responsible for the collection and processing of data for statistical or research 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 public);

(b)     assisting those responsible for public policy development and the delivery of public services; and

(c)     co-ordinating as effectively as possible, and facilitating the use of, information produced from data and avoiding unnecessary duplication of requests for information.

(2)     The Chief Statistician is also responsible for –

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

(b)     the policies and priorities of the OCS;

(c)     advising the Statistics Council on the quality, relevance and integrity of tier 1 statistics;

(d)     determining under Article 7J(1) whether the criteria to be tier 1 statistics in Article 7G are met;

(e)     publishing and keeping up to date the list of tier 1 statistics and sending it to the Minister as required by Article 7J(5);

(f)      publishing release calendars;

(g)     ensuring that both the list and release calendars are readily accessible to statistics users;

(h)     the statistical methodology and statistical standards set by the OCS and ensuring that the requirements of Article 7I and the Code are met;

(i)      the way in which data are collected, processed, documented and stored by the OCS;

(j)      the content of statistical releases and publications issued by the OCS;

(k)     the form, timing and methods of dissemination of statistics compiled by the OCS;

(l)      publicly commenting as the Chief Statistician thinks fit on any aspects of statistics, including –

(i)      their funding, use, accuracy, reliability, adequacy, erroneous interpretation and misuse, and

(ii)      in relation to statistics produced by public authorities, other bodies or individuals;

(m)    discontinuing or starting a statistical report;

(n)     deciding whether to provide statistical services, including conducting surveys and research, and compiling data and reports, for any person, organisation or public authority, wherever based;

(o)     maintaining close and regular contact with the Statistics Council and with the principal users and suppliers of statistics; and

(p)     ensuring that a census of the population is taken under Article 8.

(3)     As head of the statistical profession working with the Jersey Statistical System, the Chief Statistician is responsible for –

(a)     ensuring that statisticians and analysts employed by a public authority uphold high professional statistical standards;

(b)     as far as resources allow, co-ordinating professional development across the statistical profession working with the Jersey Statistical System and ensuring that appropriate professional training is available; and

(c)     upholding the independence of the Jersey Statistical System.

(4)     Without limiting any other provision of this Law, the Chief Statistician 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 the statistical profession working with the Jersey Statistical System and standardise definitions, classifications, terms, procedures and concepts for use in statistical activities;

(c)     to advise public authorities on the gathering, compiling, analysis and use of statistics, the production of statistical reports and whether they comply with the Code, and in the case of tier 1 statistics, whether they comply with Article 7H;

(d)     to consider the statistical or research potential of the records maintained by public authorities and, in conjunction with those authorities, to realise this potential so far as resources permit;

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

(5)     The Chief Statistician may delegate a function under this Law to an officer of the OCS, but the delegation does not –

(a)     affect the responsibility of the Chief Statistician for the discharge of the functions; or

(b)     prevent the discharge of the functions by the Chief Statistician personally.

4        Independence and funding of Chief Statistician

(1)     The Chief Statistician, or a person discharging or performing the functions of the Chief Statistician, must not be directed on how any of the Chief Statistician’s functions are to be carried out.

(2)     The States must respect, uphold and defend the independence of the Chief Statistician.

(3)     The Minister must make an annual assessment of the funding required to ensure that the Chief Statistician is provided with the financial and administrative resources, and other support, including staff, services, equipment and accommodation, necessary to enable the Chief Statistician to discharge the functions of the office economically, effectively and efficiently.

(4)     The Minister must consult the Chief Statistician before submitting an amount in respect of the Chief Statistician to the Council of Ministers under Article 10(1)(d) of the Public Finances (Jersey) Law 2019.

(5)     The States must hold the Minister to account that the production of tier 1 statistics is adequately resourced.

5        Office of Chief Statistician

(1)     There is constituted the Office of the Chief Statistician or the “OCS”.

(2)     The primary role of the OCS is to support the Chief Statistician to fulfil the given responsibilities and functions, and anyone working for the OCS does so under the full operational control of the Chief Statistician.

(3)     The staff of the OCS are States’ employees within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005 and any States’ employee provided to the Chief Statistician under Article 4(3) who performs a function under the Chief Statistician’s direction is treated as a member of staff of the OCS.

(4)     The Chief Statistician and every person employed or engaged to work for the OCS must, before assuming those duties, sign a declaration to fulfil the duties faithfully and honestly as required under this Law and not, without due authority, to disclose or make known any matter or thing that comes to the person’s knowledge by reason of that employment or engagement.

(1)     The Chief Statistician must ensure that –

(a)     proper accounts and proper records in relation to the accounts are kept;

(b)     accounts are prepared in respect of each financial year (“annual accounts”); and

(c)     the annual accounts are prepared using the accounting standards by which the accounts of the States are to be prepared, and which are included in the Public Finances Manual.

(2)     If the annual accounts are not included in the accounts of the States for a financial year, the Chief Statistician must appoint auditors approved by the Comptroller and Auditor General (as defined in Article 1 of the Comptroller and Auditor General (Jersey) Law 2014) to audit the annual accounts.

(3)     The Chief Statistician must produce a report on the exercise and performance of the functions of the Chief Statistician and the OCS in relation to each financial year (an “annual report”).

(4)     The annual report must –

(a)     include the annual accounts;

(b)     state whether, in the view of the Chief Statistician, the production of tier 1 statistics is adequately resourced; and

(c)     comply with the Public Finances Manual as it applies to the annual reports of public bodies listed in Schedule 6 to that Law.

(5)     In this Article “Public Finance Manual” means the Public Finances Manual issued under Article 31 of the Public Finances (Jersey) Law 2019.

7        Presentation of annual report, strategy for the JSS and output plan for the OCS

(1)     The Chief Statistician must present the annual report to the Minister as soon as practicable after the end of the financial year to which it relates.

(2)     The Chief Statistician must prepare and present to the Minister as soon as practicable after each new Common Strategic Policy (“CSP”) has been approved by the States –

(a)     a strategy for the Jersey Statistical System, taking into account both the data required to support the CSP over Ministers’ term of office and the wider needs of users of statistics in Jersey; and

(b)     a plan for the output of the OCS (the “output plan”) covering the term of the CSP.

(3)     Both the strategy and the output plan may be updated by the Chief Statistician at any time.

(4)     Before presenting the annual report, strategy or output plan to the Minister, the Chief Statistician must consult the Statistics Council.

(5)     The Minister must present a copy of the report, strategy and output plan to the States as soon as practicable after receiving them.

(6)     The Minister may make written comments on the report, strategy and output plan and submit them alongside the copy presented to the States.

(1)     The Minister may request the Chief Statistician to prepare a report on an aspect of the responsibilities and functions of the Chief Statistician, the OCS or the Jersey Statistical System, including the work undertaken in discharge of those responsibilities and functions.

(2)     The Chief Statistician must produce the report in line with the Code if the Chief Statistician –

(a)     has the expertise to do so; and

(b)     has been provided with sufficient resources to do so.

(3)     If the Chief Statistician does not have sufficient resources to comply with paragraph (2) the Chief Statistician must request additional resources from the Minister and the reasons for the request.

(4)     The Chief Statistician must detail requests to prepare a report under this Article and the outcome of each request in the annual report produced under Article 6(3).

7B     Power to amend Articles 6, 7 and 7A

The States may by Regulations amend this Law in respect of the accounts, audit, report, plan or strategy.”.

4        Parts 2A and 2B inserted

After Part 2 there is inserted –

“Part 2A

Statistics Council

7C      Establishment and meetings of Statistics Council

(1)     There is established a body known as the Statistics Council, consisting of a Chair and no fewer than 6 and no more than 10 other individuals appointed by the Minister.

(2)     The individuals must, as far as reasonably practicable, reflect a range of users of statistics in Jersey, including the public, the media, researchers, students, businesses, public authorities and non-governmental organisations.

(3)     The Chair presides over all meetings of the Statistics Council but in the absence of the Chair another member may preside.

(4)     The Chief Statistician must attend each meeting of the Statistics Council at which it takes decisions in relation to any of its statutory functions (a “formal meeting”), but in an advisory capacity only.

(5)     The Statistics Council must hold formal meetings at least 3 times each calendar year.

(6)     Subject to this Article, Article 7D and the Rules of Conduct issued under it, the Statistics Council may determine its own procedure, including when and how frequently it meets.

(7)     The Statistics Council may meet informally without the Chief Statistician being present, but it must not make any decisions that are required to be made at a formal meeting.

(8)     The Statistics Council must publish in a manner agreed by the Council the minutes of its formal meetings, including a record of decisions taken in relation to its statutory functions, as soon as reasonably practicable after the meeting in question has taken place.

(9)     Schedule 2 makes further provision with respect to the membership of the Statistics Council and may be amended by Regulations made by the States to make different provision in that respect.

7D     Rules of Conduct of Statistics Council

(1)     The Minister must prepare Rules of Conduct for members of the Statistics Council and present the Rules to the States as a report.

(2)     In preparing the Rules the Minister must consult the Statistics Council and may consult any other person or body the Minister considers appropriate.

(3)     Members of the Statistics Council must comply with the Rules of Conduct.

7E      Independence and functions of Statistics Council

(1)     The Statistics Council is independent of the Minister and has the primary function of overseeing the Jersey Statistical System by –

(2)     The particular functions of the Statistics Council are –

(a)     to review, comment on and make recommendations to the Minister, the States and the Chief Statistician about the statistics on which it advises with respect to the matters set out in paragraph (3);

(b)     to promote the standards for tier 1 statistics set out in Article 7H;

(c)     to gather and present the views of statistics users;

(d)     to respect, uphold and defend the independence of the Chief Statistician and the Jersey Statistical System; and

(e)     to provide a neutral forum for statistics users to interact with the Chief Statistician, the OCS and other producers of statistics in public authorities on the production, use, quality, relevance and integrity of tier 1 statistics.

(3)     The matters are –

(a)     the quality, relevance, and integrity of the statistics mentioned in paragraph (1)(a), including the extent to which those statistics are appropriate to the purposes for which they are used;

(b)     the range of statistics provided;

(c)     the demands placed upon providers of information, whether it be provided on a voluntary or compulsory basis;

(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;

(g)     the form and procedure through which statistical information is disseminated; and

(h)     the output and quality of statistics of the Chief Statistician, other producers of tier 1 statistics and the Jersey Statistical System.

(4)     The Statistics Council may also –

(a)     give views and make recommendations to the Minister on the appointment of the Chief Statistician under paragraph 1(2) of Schedule 1;

(b)     consider any suspension or dismissal of the Chief Statistician;

(c)     comment on the annual report, plan for the output of the OCS and strategy for the JSS;

(d)     advise the Chief Statistician on –

(i)      the contents of the Code,

(ii)      the list of tier 1 statistics,

(iii)     the suspension of a statistical report from the list of tier 1 statistics, and

(iv)     the criteria for reviews of tier 1 statistics;

(e)     advise on the removal of a statistical report from the list of tier 1 statistics; and

(f)      request the instigation of reviews under Article 7I(8) or (9).

7F      Annual report of Statistics Council

(1)     The Statistics Council must produce an annual report on its performance over the preceding financial year.

(2)     The report must –

(a)     include a review of the work undertaken and the functions discharged by the Statistics Council during that year; and

(b)     set out why the work undertaken in that year is in the public interest.

(3)     The Statistics Council may also use its annual report –

(a)     to report any concerns that it has in relation to the funding, resources and independence of the Chief Statistician and the Jersey Statistical System; and

(b)     to reference a refusal of both the Chief Statistician and the Minister to instigate an extraordinary review of a statistical report listed as tier 1 statistics under Article 7K.

(4)     The Chair of the Statistics Council must present the report to the Minister as soon as practicable after the end of the financial year to which it relates.

(5)     The Minister must present a copy of the report to the States as soon as is practicable after receiving it.

(6)     The Minister may, by Order, amend the requirements set out in paragraph (2).

Part 2B

Tier 1 statistics

7G     Criteria to be tier 1 statistics

(1)     Tier 1 statistics are statistical reports that satisfy the criteria set out in this Article and appear on the list of tier 1 statistics.

(2)     To be tier 1 statistics, a statistical report –

(a)     must be produced by a public authority;

(b)     must represent the economic, demographic, social or environmental situation in Jersey;

(c)     must –

(i)      be essential to critical decision-making,

(ii)      be of high public interest,

(iii)     meet expectations of impartiality and statistical quality,

(iv)     require long-term data continuity,

(v)     allow international comparability; and

(d)     must be developed, produced, disseminated and communicated to meet the standards set out in Article 7H and to comply with the Code.

7H     Standards for tier 1 statistics

Tier 1 statistics must be –

(a)     relevant, accurate, and reliable;

(b)     objective and comprehensive;

(c)     compiled, reported and documented in a scientific and transparent manner;

(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).

7I       Code of Practice and compliance

(1)     The Chief Statistician must produce and publish –

(a)     a Code of Practice for tier 1 statistics in Jersey; and

(b)     any revisions of that Code.

(2)     In producing or amending the Code the Chief Statistician must consult the Statistics Council and the Jersey Statistical System.

(3)     The Code must establish –

(a)     principles and practices underlying the development, production, dissemination and communication of tier 1 statistics;

(b)     processes governing the release of tier 1 statistics; and

(c)     rules relating to the granting of access to those statistics before their general release.

(4)     The Chief Statistician must monitor compliance with the Code.

(5)     If the Chief Statistician considers that any tier 1 statistics do not comply with the Code, the Chief Statistician must produce a report setting out –

(a)     the ways in which they do not comply; and

(b)     the steps that the producer of the statistics must take to bring them into compliance with the Code.

(6)     The Chief Statistician must send the report to the head of the public authority that produced the statistics, the Statistics Council and the Minister, and must publish the report.

(7)     The public authority must take all reasonable steps to comply with the requirements of the report within any reasonable time period required by the Chief Statistician.

(8)     The Statistics Council may request the Chief Statistician to instigate an extraordinary review of any tier 1 statistics under Article 7K if it considers that a statistical report relating to those statistics does not comply with the Code.

(9)     If the Chief Statistician declines to undertake the review the Council may request the Minister to instigate the review.

(10)   Producers of statistics other than tier 1 statistics must have due regard to the Code and comply with it as far as it is practicable to do so.

7J      Determination, suspension and review of tier 1 statistics

(1)     The Chief Statistician, at the request of any person or body, must determine whether a statistical report that has been produced by a public authority (including the OCS) meets the criteria set out in Article 7G.

(2)     In making the determination the Chief Statistician must consult the Statistics Council.

(3)     The Chief Statistician must add the statistical report to the list of tier 1 statistics if –

(a)     the Chief Statistician determines that the report satisfies Article 7G; and

(b)     either –

(i)      the report is produced by the OCS, or

(ii)      the Minister responsible for the authority producing the report or if none, the head of that authority, consents to the addition.

(4)     Following a determination under paragraph (1) in respect of a statistical report produced by a public authority other than the OCS, the Chief Statistician must notify the Minister responsible for the public authority, or if none the head of the authority, along with the Statistics Council, of the outcome of the determination.

(5)     The Chief Statistician must send to the Minister the list of tier 1 statistics and any amendments to it and the Minister must present the list, and any amendments to it to the States as a report.

(6)     The Chief Statistician must develop and publish a scheme for suspending statistical reports from the list of tier 1 statistics and in doing so must consult the Statistics Council.

(7)     If a report is produced under Article 7I(5) the Chief Statistician may suspend a statistical report from the list of tier 1 statistics until the Chief Statistician considers that the statistical report complies with the Code.

(8)     The Chief Statistician must instigate a programme of reviews of tier 1 statistics and establish and publish the criteria against which the reviews will be carried out.

(9)     The Chief Statistician must consult the Statistics Council on the programme of reviews and the criteria for the reviews (and any changes to them) before publishing the criteria.

7K     Removal from list of tier 1 statistics and extraordinary reviews

(1)     A statistical report may be permanently removed from the list of tier 1 statistics only after approval by the States following a proposition lodged by the Minister declaring that the statistical report no longer satisfies the criteria set out in Article 7G.

(2)     Before lodging the proposition, the Minister must obtain advice from the Chief Statistician and the Statistics Council and be satisfied by that advice that the report should be permanently removed.

(3)     The proposition must set out which criteria are no longer satisfied and provide evidence of this in the accompanying report.

(4)     The Chief Statistician or the Minister, having had regard to the resources available, may instigate an extraordinary review of tier 1 statistics at any time and outside the programme of reviews under Article 7J(8).

(1)     Producers of statistics must –

(a)     prioritise the production of statistical reports that are tier 1 statistics over other statistical reports;

(b)     publish tier 1 statistics in accordance with a release calendar;

(c)     co-operate with all reports and reviews under Article 7I(5), 7J(8) and 7K(4); and

(d)     act independently in the development, production, dissemination and communication of statistics.

(2)     The States must respect, uphold and defend the independence of producers of tier 1 statistics.

7M    Jersey Statistical System and Statistics Producers’ Group

(1)     The public authorities producing statistics that describe, on a representative basis, the economic, demographic, social and environmental situation in Jersey are known as the Jersey Statistical System or “JSS”.

(2)     The Chief Statistician may report on the performance of the JSS.

(3)     The Chief Statistician may establish a Statistics Producers’ Group (the “SPG”), and determine when it will meet.

(4)     If a SPG has been established the Chief Statistician must invite a representative of every public authority responsible for producing tier 1 statistics to join the SPG and may invite representatives of other public authorities to join it.

(5)     The Chief Statistician must provide secretarial and clerical assistance to the SPG.

(6)     The SPG has the following functions –

(a)     to co-ordinate the production and release of tier 1 statistics;

(b)     to assist the Chief Statistician –

(i)      to devise and revise release calendars, and

(ii)      in ensuring that tier 1 statistics are produced in accordance with release calendars;

(c)     to support the production of the strategy for JSS over the term of the common strategic policy under Article 7(2)(a); and

(d)     to provide a forum in which the producers of statistics can discuss continuous improvement of the quality of tier 1 statistics.”.

5        Article 8 (collection of data for census) amended

In Article 8 –

(a)     For paragraphs (1) and (2) there is substituted –

“(1)    The Chief Statistician must take a census to gather the data relating to the population of Jersey required by Schedule 3 at whatever interval the Chief Statistician considers appropriate.

(2)     For the purposes of a census, the Chief Statistician must, as often as the Chief Statistician considers appropriate, analyse and link data collected for administrative purposes already in the possession of the OCS or readily obtainable by it.”;

(b)     in paragraph (3) for “where such data is insufficient for the purposes of paragraph (1)” there is substituted “if the Chief Statistician considers that more data is required for the purposes of paragraph (1)”;

(c)     in paragraphs (8) for “the Schedule” there is substituted “Schedule 3”;

(d)     after paragraph (8) there is inserted –

“(9)    Before lodging a proposition containing the Regulations in draft, the Minister must consult the Chief Statistician as to the content of the draft Regulations.”.

6        Article 9 (Orders with respect to census) amended

In Article 9 –

(a)     the existing text is renumbered as paragraph (1);

(b)     in paragraph (1)(c) for “under Article 2” there is substituted “to work for the OCS”;

(c)     after paragraph (1) there is inserted –

“(2)    Before making an Order the Minister must consult the Chief Statistician as to the proposed content of the Order.”.

7        Part 4 heading amended

In the sub-heading to Part 4 “STATISTICAL STANDARDS AND” is deleted.

8        Article 11 (statistical standards for official statistics) deleted

Article 11 is deleted.

9        Article 12 (type of data and methods of collection) amended

In Article 12(1), (2) and (3) (wherever occurring) for “Statistics Jersey” there is substituted “the Chief Statistician”.

10      Article 13 (compilation, analysis and publication of statistics)

In Article 13(1) for “Statistics Jersey” there is substituted “the Chief Statistician”.

11      Article 14 (power to require particulars and information from undertakings) amended

In Article 14 –

(a)     in paragraph (1) for “For the purposes only of obtaining data for statistical purposes” there is substituted “For any purpose that would enable the performance of a statistical or research function,”;

(b)     for paragraph (4)(b) there is substituted –

“(b)    by an officer of the OCS to another officer of the OCS in the performance of their functions,”;

(c)     in paragraph (6) in the definition “officer” for “Article 2(8)” there is substituted “to work for the OCS”.

12      Article 15 (invitation to provide information etc. on a voluntary basis) amended

In Article 15(1) for “individual or body” there is substituted “individual, body or public authority”.

13      Article 16 (restriction on disclosure of particulars or information) amended

In Article 16 –

(a)     in paragraph (1) after “statistical” there is inserted “or research”;

(b)     in paragraph (3)(c) after “purposes of” there is inserted “investigating an offence under this Law,”;

(c)     after paragraph (3)(d) there is inserted –

“(e)    that are necessary to enable or assist the Chief Statistician to exercise a function of the Chief Statistician.”;

(d)     in paragraph (7) there is inserted –

“(d)    if the particulars or information is furnished for the purposes of a census, not less than 100 years after the date on which it was obtained by the Chief Statistician for the purposes of the census or, in the case of a traditional census, the date appointed under Article 8 for conducting the census.”;

(e)     after paragraph (7) there is inserted –

“(8)    In this Article a reference to “this Law” includes the Census (Jersey) Law 1951.”.

14      Article 17 (protection of documents and information) amended

In Article 17(2)(c) for “Statistics Jersey” there is substituted “the Chief Statistician”.

15      Amendments relating to employees

In Articles 17(2), 19(1) and (2) and 21(1), (2) and (3) for “under Article 2” there is substituted “to work for the OCS”.

16      Article 21A inserted

After Article 21 there is inserted –

21A Limitations of liability

(1)     The Chief Statistician, the staff of the OCS, other producers of tier 1 statistics and the Statistics Council are not liable in damages in respect of loss resulting from reliance on information or statistics produced in the discharge, or purported discharge, of any of their functions under this Law unless paragraph (2) applies.

(2)     This paragraph applies –

(a)     if the information or statistics were produced in bad faith; or

(b)     to allow an award of damages if that production constitutes an act that is unlawful under Article 7(1) of the Human Rights (Jersey) Law 2000.”.

17      Article 22 (transitional provisions and savings) amended

In Article 22 –

(a)     for paragraph 1 there is substituted –

“(1)    A person employed by, or engaged to work for, Statistics Jersey in whatever capacity before the commencement of the Statistics and Census (Jersey) Amendment Law 202- is, on its commencement, treated as having been employed or engaged to work for the OCS in that same capacity from the date of their employment or engagement.”;

(b)     paragraphs (2) and (3) are deleted;

(c)     in paragraph (4) –

(i)      for “this Law” there is substituted “the Statistics and Census (Jersey) Amendment Law 202-”,

(ii)      for “Article 5(4)(a)” there is substituted “Article 7I(1)”;

(d)     after paragraph (4) there is inserted –

“(5)    The first list of tier 1 statistics on the commencement of the Statistics and Census (Jersey) Amendment Law 202- consists of statistics that –

(a)     are produced by the OCS; and

(b)     the Chief Statistician considers satisfy the criteria to be tier 1 statistics under Article 7G.

(6)     The Chief Statistician must give the Statistics Council not less than 6 weeks to advise on the list.

(7)     The list comes into effect once the Minister has presented it to the States as a report.

(8)     A Chief Statistician in post on the commencement of the Statistics and Census (Jersey) Amendment Law 202- is treated as validly appointed under this Law for an unlimited term of appointment.”.

18      Schedule renumbered and Schedules inserted

The Schedule is renumbered as Schedule 3 and immediately before it there is inserted the Schedules set out in the Schedule to this Law.

19      Schedule 3 (information required by census) amended

(1)     This Article amends Schedule 3.

(2)     In paragraph 1(1) –

(a)     in the definition “local visitor” for “in a household or communal establishment that is not his or her usual address” there is substituted “at an address other than the resident’s usual address”;

(b)     after the definition “midnight” there is inserted –

“ “private address” means a separate residential unit regardless of whether it shares a postal address with another residential unit;”.

(3)     In paragraph 2(1) for “household or communal establishment” there is substituted “address”.

(4)     For paragraph 2(2)(d) to the end of the sub-paragraph there is substituted –

“(d)    previously resided at an address in Jersey,

is, for the purposes of the taking of the census, the address that was the resident’s usual address in Jersey before entering the communal establishment.”.

(5)     For paragraphs 2(3) and (4) there is substituted –

“(3)    The usual address of a resident who is a minor and who, by reason of shared custody arrangements, resides at more than one address in Jersey is, for the purposes of the taking of the census, the address at which the minor spends most of the time.

(4)     But if that minor divides time equally between more than one address, the usual address of the minor is, for the purposes of the taking of the census, the address at which the minor is present at midnight.”.

(6)     In the heading to paragraph 3 for “households” there is substituted “private addresses”.

(7)     In paragraph 3(1), in the introductory text, for “household” there is substituted “private address”.

(8)     In paragraph 3(1)(e) for “the household” there is substituted “that address”.

(9)     In paragraph 3(1)(f) and (g) for “in the household” there is substituted “at the address”.

(10)    In paragraph 4 –

(a)     in sub-paragraph (1)(i) for “household” there is substituted “private address”;

(b)     in sub-paragraph (1)(j) for “his or her relationship to the main householder” there is substituted “their relationship to every other member of the household”;

(c)     in sub-paragraph (3)(a) for “main employment” there is substituted “any employment”.

20      Public Finances (Jersey) Law 2019 amended

In Schedule 6 to the Public Finances (Jersey) Law 2019 after “Office of the Official Analyst” there is inserted “Chief Statistician”.

21      Consequential amendments

(1)     In the following provisions for “Statistics Jersey (within the meaning assigned by Article 2 of the Statistics and Census (Jersey) Law 2018)” there is substituted “the Office of the Chief Statistician constituted under Article 5(1) of the Statistics and Census (Jersey) Law 2018” –

(a)     Article 135A(12B) of the Income Tax (Jersey) Law 1961;

(b)     the definition “Jersey Index of Earnings” in Article 1(1) of the Social Security (Jersey) Law 1974;

(c)     Article 15(7) of the Financial Services Commission (Jersey) Law 1998;

(d)     Article 60C of the Employment (Jersey) Law 2003;

(e)     the definition of “Jersey Retail Prices Index” in Article 1(1) of the Rates (Jersey) Law 2005;

(f)      Regulation 2(4)(a) and (b) of the Income Support (Special Payments) (Cold Weather Payments) (Jersey) Regulations 2008;

(g)     Article 21(9) of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008;

(h)     Article 47(5) of the Gambling (Jersey) Law 2012;

(i)      Regulations 2(1)(b) and 3(1)(b) of the Long-Term Care (States Contribution) (Jersey) Regulations 2013;

(j)      Paragraph 4(2)(a) and (b) of the Schedule to the Social Security (Bonus) (Jersey) Law 2014.

(2)     In paragraph 1(1) of Schedule 1 to the Social Security (Jersey) Law 1974, in the definition “RPI (Pensioners)” for “the States of Jersey Statistics Unit” there is substituted “the Office of the Chief Statistician constituted under Article 5(1) of the Statistics and Census (Jersey) Law 2018”.

(3)     In Article 44A(7)(b) of the States of Jersey Law 2005 for “the Statistics Unit of the States of Jersey” there is substituted “the Office of the Chief Statistician constituted under Article 5(1) of the Statistics and Census (Jersey) Law 2018”.

22      Citation and commencement

This Law may be cited as the Statistics and Census (Jersey) Amendment Law 202- and comes into force 7 days after it is registered.

 

 

 


 Schedule

(Article 18)

Schedules 1 and 2 inserted

“Schedule 1

(Article 2(2) and (3))

chief statistician – appointment

1        Appointment

(1)     The Minister must appoint as Chief Statistician a person who has the appropriate qualifications and experience to discharge the responsibilities and functions of the role.

(2)     Before making the appointment the Minister must consult the Statistics Council and the Jersey Appointments Commission.

(3)     The appointment is for the length of term of office that the Minister may determine, subject to the total of terms served not exceeding 9 years.

(4)     Article 2 of the Appointment Procedures Law applies to the appointment.

2        Dismissal

(1)     The Minister may dismiss the Chief Statistician only if the Chief Statistician –

(a)     is incapacitated by physical or mental illness;

(b)     fails without reasonable excuse to discharge the statutory functions of the office; or

(c)     behaves in a way that is incompatible with continuing in office.

(2)     Before dismissing the Chief Statistician, the Minister must –

(a)     give the Chief Statistician an opportunity to respond to any allegations giving rise to the decision to dismiss and must consider that response; and

(b)     give notice of the intention to dismiss to the Statistics Council as soon as practicable.

(3)     The Minister may suspend the Chief Statistician while investigating whether the Chief Statistician should be dismissed.

(4)     The Minister must give as much notice of the forthcoming suspension to the Statistics Council as is practicable before the suspension is to take effect.

(5)     Article 3 of the States of Jersey (Appointment Procedures) (Jersey) Law 2018 (procedure for termination of appointments) applies to the dismissal of the Chief Statistician under sub-paragraph (1).

3        Termination of office

The Chief Statistician ceases to hold office –

(a)     if the Chief Statistician resigns by giving, in writing, the notice required under the terms and conditions of appointment;

(b)     if the Minister has dismissed the Chief Statistician under paragraph 2; or

(c)     after 9 years in post or, if shorter, the expiry of the term of office, if any, stated in the terms and conditions of appointment.

4        Acting appointment

(1)     If the Chief Statistician is unable to perform the duties of the office for any reason, the Minister may appoint an acting Chief Statistician.

(2)     Before making an appointment under this paragraph the Minister must notify the States under Article 2 of Appointment Procedures Law and give notice to the Statistics Council.

Schedule 2

(Article 7C(9))

statisticS council

1        Disqualification for membership

(1)     An individual who is currently, or has been within the past 4 years, a Member of the States is disqualified for being a member of the Statistics Council.

(2)     If an individual is elected to the States during their term as a member of the Statistics Council the appointment to the Council is automatically terminated.

2        Appointment and dismissal

(1)     Members of the Statistics Council –

(a)     hold office for a term of 3 years, and on expiry of their term are 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 as determined by the Minister.

(2)     Before making an appointment the Minister must consult the Jersey Appointments Commission.

(3)     Article 2 of the Appointment Procedures Law applies to the appointment of Statistics Council members.

(4)     The Minister may terminate the appointment of a member of the Statistics Council (including the Chair) if the member –

(a)     has been absent from 3 consecutive meetings of the Statistics Council without the permission of the Council;

(b)     is unable to discharge the functions of office; or

(c)     breaches a part of the Rules of Conduct prepared and published under Article 7D.

(5)     Before terminating the appointment of a member of the Statistics Council other than the Chair the Minister must consult the Chair.

(6)     The Minister must report a termination of an appointment under this paragraph to the States.”.

 


Page Last Updated: 11 Sep 2024