Introduction

1.These explanatory notes relate to the Statistics and Registration Service Act 2007 which received Royal Assent on 26 July 2007. They have been prepared by Her Majesty’s Treasury in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.

2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.

Background to Part 1

3.The United Kingdom’s statistical system has historically been decentralised. Prior to the commencement of this Act, the Office for National Statistics (ONS) was the central producer of statistics in the United Kingdom but government departments and agencies other than the ONS have always produced a large proportion of statistics. Official statistical work covers a wide range of tasks (including the collection, analysis and publication of statistics, statistical support for departmental and agency functions, and policy-related work for Ministers) and all areas of national life.

4.The ONS was an Executive Agency accountable to the Chancellor of the Exchequer, as described in the ONS Framework Document(1). It was headed by the National Statistician who was concurrently the Registrar General for England and Wales. Consequently, the General Register Office (GRO), which administers the system for the registration of births, deaths, marriages and civil partnerships in England and Wales, was part of the ONS. The ONS was also responsible for the creation and maintenance of the National Health Service Central Register (NHSCR).

5.Prior to the commencement of this Act, the statistical system in the UK was governed by the non-statutory Framework for National Statistics(2) published in 2000. The Framework introduced a number of key structures and concepts, including the post of ‘National Statistician’, the Government’s chief statistical adviser, with operational independence from Ministers; the concept of ‘National Statistics’, which aimed to provide an accurate, up-to-date, comprehensive and meaningful description of the economy and society of the UK, underpinned by professional standards as set out in a ‘Code of Practice’; and the independent ‘Statistics Commission’, which advised on the quality and comprehensiveness of official statistics.

6.Following the consultation, the Act provides for the creation of a new body, the Statistics Board, with a statutory responsibility to promote and safeguard the production and publication of official statistics that serve the public good. The Act establishes the Board as a Non-Ministerial Department, acting at arm’s length from Ministers, composed of a majority of non-executive members. The Board’s responsibilities will cover the whole UK statistical system, including England, Scotland, Wales and Northern Ireland.

7.The Board is the legal successor body to the ONS. The ONS’s responsibilities other than those relating to civil registration are the responsibility of the new Board. The Board also has powers to produce statistics, provide statistical services and promote statistical research. It will undertake the statistical functions of the Registrar General, including the preparation and publication of the census. The ONS and the Statistics Commission ceases to exist.

8.The Act leaves unchanged many other aspects of the statistical system, including:

• the Government Statistical Service (GSS), a professional grouping of around 7,000 civil servants who collect, analyse and disseminate statistics, working in the Board, in government departments and agencies and in the Devolved Administrations in Scotland and Wales; and

• the existence of departmental Heads of Profession for Statistics (HoPs) in government departments or agencies that produce National Statistics.

Background to Part 2

9.Civil registration in England and Wales was first introduced in 1837. Since then, the process and the administration of the service have remained broadly unchanged, with responsibility shared between the Registrar General, local authorities and registration officers.

10.Both the Registrar General and the registration officers are statutory office holders, with their duties set out in statute. The rights and liabilities of the Registrar General were, prior to this Act, the responsibility of the office holder. Registration officers were paid and appointed by local authorities but could only be dismissed by the Registrar General. They had no legal employer and as such had no access to employment tribunals.

11.Through this Act, the Government has established the Registrar General as a corporation sole, in order to separate the rights and liabilities of the officeholder from the office. The Government has also changed the employment status of registration officers by moving them into local government employment.

Summary

12.The Act provides for the creation of a new Statistics Board (referred to in the Act and in these explanatory notes as ‘the Board’) operating at arm’s length from Ministers, with a statutory responsibility to promote and safeguard the production and publication of official statistics that serve the public good.

The Statistics Board, its membership and staff (sections 1 to 5)

13.The new Board is a Non-Ministerial Department (NMD), with a non-executive Chairman who, along with the National Statistician, is appointed by Her Majesty. The Board itself is composed of at least six non-executive members, including the Chairman, and three executive members, one of whom is the National Statistician.

14.The Board may have other employees as needed. These will include the staff in the executive office of the National Statistician involved in the production of statistics, as well as the Board secretariat and those working on assessment of National Statistics.

Functions relating to official statistics and National Statistics (sections 7 to 21)

15.The Board has an overall objective of promoting and safeguarding the quality of official statistics that serve the public good, including by informing the public about social and economic matters, and assisting in the development and evaluation of public policy. The Board also has an objective to promote and safeguard good practice in relation to official statistics and the comprehensiveness of official statistics (section 7).

16.The Board has a number of functions which will enable it to fulfil this objective, including powers to monitor the quality of official statistics (section 8), and to develop, maintain and promote the use of definitions, methodologies, classifications and standards for official statistics (section 9). Section 10 requires the Board to draw up a Code of Practice for Statistics. Section 12 and 14 require the Board to assess National Statistics against the Code.

17.Where the Board considers that a set of official statistics should be subject to assessment under section 12, it is obliged, under section 16, to notify the authority responsible for those statistics. Where the appropriate authority is a Minister of the Crown, the Minister must publish a statement as to whether (and when) he will comply with the Board’s request. Where relevant, this must include reasons for why he does not intend to comply with the Board’s request.

18.Pre-release arrangements will be set out in secondary legislation (section 11), and the Board has a statutory duty to assess compliance with the arrangements as part of its duty to assess National Statistics under sections 12 and 14.

Further and supplementary functions (sections 22 to 29)

19.The Board also has a number of statistical functions that are not confined to official statistics and National Statistics. These include the power to provide statistical services to any person (section 22) and a power to promote and assist statistical research (section 23).

20.The Board is required to lay an annual report before Parliament, the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly (section 27) and to exercise its functions efficiently and cost-effectively (section 28).

21.Section 21 (with Schedule 1) provides for the transfer of statistical functions, including the Census, from the Registrar General for England and Wales to the Board. Section 24 enables a Minister of the Crown (or a Welsh Minister or a Northern Ireland department) to delegate to the Board functions relating to the production of statistics.

Organisation and administration (section 30 to 37)

22.The National Statistician and the Head of Assessment are the principal advisers to the Board on, respectively, professional statistical matters, and the assessment of National Statistics. The National Statistician is also the Board’s Chief Executive, and will be accountable to the Board for the operation of the executive office of the Board. Section 34 establishes the separation of the Board’s statistical production and assessment functions.

Use and disclosure of information by the Board (sections 38 to 41)

23.Much of the information obtained by the Board in connection with one function may be used by it for another (section 38). However, section 39 places a general obligation on the Board, and anyone to whom the Board has passed personal information, not to disclose it unless one of the exemptions at section 39(4) applies. Failure to comply with this duty of confidentiality is a criminal offence.

Information sharing (sections 42 to 46 and Schedule 2)

24.Sections 42 to 46 (with Schedule 2) allow existing information flows to continue between the Board, as the legal successor body to ONS, and: the General Register Office (section 42); the relevant Secretary of State, and Welsh Ministers, for patient registration data (sections 43 and 44); HM Revenue and Customs (section 45, section 46 and Schedule 2); the Bank of England and the Department for Environment, Food and Rural Affairs (section 46 and Schedule 2).

Information sharing: supplementary powers (sections 47 to 54)

25.Section 47 allows the Minister for the Cabinet Office, with the consent of the Minister of the Crown responsible for the public authority from which the information will be obtained, to make regulations to allow information to be shared with the Board where this would normally not be allowed (either because of a barrier to sharing in existing law, or because such a public authority would not otherwise have the power to share information with the Board). Information shared under the regulations can only be used for statistical purposes, and cannot be disclosed by the Board other than in the limited circumstances set out in section 39 and where the regulations provide for further disclosure. Section 50 allows the Minister for the Cabinet Office, with the consent of the Minister of the Crown responsible for the public authority from which the information has been obtained, to make regulations to allow the Board to use information it has received where such use would otherwise be prohibited.

26.Under section 51, the Minister for the Cabinet Office may, with the consent of the Minister of the Crown responsible for the relevant public authority, make regulations to allow information to be shared by the Board with another public authority where this would normally not be allowed. Information shared under this provision can only be used for statistical purposes, and onward disclosure of the information is restricted under section 39.

27.Sections 48 and 52, and 49 and 53, duplicate sections 47 and 51for Scotland and Northern Ireland respectively. In these sections, the power to make regulations operates with the consent of the Minister for the Cabinet Office.

Consequential and miscellaneous provisions (sections 55 to 64)

28.The Act provides that the ONS ceases to operate. However its existing property, rights and liabilities pass to the new Board under provisions in these sections, other than property, rights and liabilities that will transfer to the Registrar General or a Minister of the Crown on behalf of the Registrar General. The Statistics Commission also ceased to operate upon commencement of this Act.

Registration service (sections 68 to 72)

29.Part 2 makes provision in relation to offices established under the Registration Service Act 1953, and the status of the persons holding those offices.

30.Section 68 establishes the Registrar General for England and Wales as a corporation sole with legal personality separate from the office holder. Sections 69 to 72 transfer registration officers into local authority employment, provide for the retention of their existing terms and conditions, and make various minor and consequential amendments to the Registration Service Act 1953.

Territorial Extent

31.Part 1 of the Act, apart from section 62, extends to England and Wales, Scotland and Northern Ireland as described below. Part 2 extends only to England and Wales.

Territorial Application: Wales

32.The Act applies generally to Wales. The Board in Welsh is to be known as Y Bwrdd Ystadegau. The powers of the new Board extend to Wales, so that, for instance, the Board will monitor the production and publication of Welsh devolved statistics and assess Welsh devolved statistics nominated by Welsh Ministers for designation as National Statistics. Welsh Ministers will have certain functions in relation to the Board, for example in relation to appointments (section 3), and the issuing of directions (section 29). The definition of Welsh devolved statistics is in section 66(3).

Annexes

33.Annex A lists the standard abbreviations of enactments and technical terms used in these notes.

34.Annex B lists the sections in the Act that affect the powers of Welsh Ministers, the First Minister, the Counsel General to the Welsh Assembly Government or the National Assembly for Wales.

Commentary on Sections and Schedules

Part 1: the Statistics Board

Section 1 Establishment

35.This section establishes a body corporate known in English as the Statistics Board, in Gaelic as Am Bòrd an Staitistig and in Welsh as Y Bwrdd Ystadegau, referred to in the Act and in these explanatory notes, as “the Board”.

Section 2 Status

36.This section sets out that the Board exercises its functions on behalf of the Crown and that the property, rights and liabilities of the Board are therefore the property, rights and liabilities of the Crown.

Section 3 Members

37.Subsections (1) and (2) stipulate that the Board has a mix of non-executive and executive members, with a non-executive Chairman appointed by Her Majesty, and at least five other non-executives.

38.Subsection (4)provides for one non-executive member to be appointed to the Board by the Minister for the Cabinet Office after consultation with Scottish Ministers, one after consultation with Welsh Ministers, and another after consultation with the Department of Finance and Personnel for Northern Ireland.

39.Subsection (5) provides for the Minister for the Cabinet Office, in consultation with the Chairman, to appoint one of the non-executives as a deputy Chairman.

40.Subsection (6) provides for three executive members of the Board: the National Statistician (ex-officio) and two others, who will be appointed by the non-executive members of the Board.

Section 4 Non-executive members

41.This section sets out the rules for the appointment of, resignation or dismissal of, and reappointment of, non-executive members of the Board.

42.Subsection (1) stipulates that the term for which a non-executive member of the Board may be appointed is to be at least one year, and no more than five years. Subsection (6) provides for non-executive members to be reappointed on any number of occasions when their term of office has expired.

43.All non-executive members of the Board will be appointed in accordance with guidance from the Office of the Commissioner of Public Appointments.

Section 5 Executive members and other staff

44.This section sets out that the Board is to employ a National Statistician, on terms set by Her Majesty, which may include terms relating to dismissal. The section also establishes that there is to be a Head of Assessment, appointed by the non-executive members of the Board. The holders of these posts will be civil servants and employees of the Board. The Board may also employ other staff, as required, subject to the approval of the Minister for the Civil Service as to numbers and terms and conditions. These employees will be civil servants, and will include the staff in the executive office of the National Statistician, who will be involved in the production of statistics, as well as the Board secretariat and those working on assessment of National Statistics.

Section 6 Official statistics

45.Subsection (1)(a) defines official statistics as statistics produced by the Board, government departments (which includes executive agencies), the Devolved Administrations in Scotland, Wales and Northern Ireland, or any other person acting on behalf of the Crown.

46.Subsections (1)(b) and (2) allow for a Minister of the Crown, the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department, by order (using the draft affirmative Parliamentary procedure), to add to the coverage of official statistics – beyond that covered in subsection (1)(a) – all the statistics of a given body, or a more limited number of that body’s statistics, or a specific statistical series. The kind of bodies whose statistics might be added under this section are local authorities, health authorities and non-departmental public bodies (NDPBs) that are not Crown bodies. Once added by order, statistics will be treated as official statistics for the purposes of the Act and could, for instance, be subject to monitoring by the Board (under sections 8 and 9), or be eligible for assessment as National Statistics.

47.Subsection (3) requires the relevant authority to consult the Board before making an order under subsection (1)(b).

Section 7 Objective

48.This section provides the Board with an objective for its functions relating to official statistics (sections 8 to 19) to guide the Board’s work in these areas. The section requires the Board to promote and safeguard the production and publication of official statistics that serve the public good, including by informing the public about social and economic matters, and assisting in the development and evaluation of public policy.

49.Subsection (3) requires the Board to safeguard and promote the quality and comprehensiveness of official statistics, as well as good practice in relation to official statistics.

50.Subsection (4) defines ‘quality’ as including impartiality, accuracy, relevance and coherence with other official statistics. In addition, accessibility (making statistics easily and widely available in a fair and open way) is defined as an element of good practice. The Board is not limited to considering only these aspects of quality and good practice, and might also be expected to look at those other dimensions, including aspects of quality highlighted by Eurostat (3), such as timeliness and comparability.

Section 8 Monitoring and reporting of official statistics

51.This section requires the Board to monitor the production and publication of official statistics. This role draws on the duties established by the Framework for National Statistics for the Statistics Commission (which advised Ministers of areas of widespread concern about the quality of official statistics) and of the National Statistician (who produced a high-level work programme for National Statistics, that the Statistics Commission had to comment on).

52.In this section, ‘production’ encompasses all aspects involved in producing official statistics, including the design of the inquiry, the collection of data, the compilation and analysis of those data and the dissemination of results.

53.Subsection (2) provides that the Board may report its findings about official statistics to the person responsible for those statistics, usually the relevant departmental Minister or the relevant Devolved Administration. This enables the Board either to comment reactively if concern about any official statistics, or gap in the coverage of official statistics, is brought to its attention; or proactively, developing its own programme of work to fulfil this duty.

54.Subsection (3) enables the Board to publish the results of its work under this section.

Section 9 Definitions etc for official statistics

55.This section requires the Board to develop and maintain definitions, methodologies, classifications and standards for official statistics, and to promote their use in relation to official statistics. In addition, the Board may provide guidance and advice on these matters to statistical producers.

56.The Board would be expected to develop definitions, methodologies, classifications and standards in line with European Union (EU) and international guidance as appropriate. There are a number of standard definitions and classifications already in existence of the type the Board is expected to use and promote among producers of official statistics.(4) Examples include the Standard Industrial Classification (SIC)(5), the Standard Occupational Classification (SOC)(6), the European System of Accounts (ESA)(7) and the National Statistics Socio-Economic Classification (NS-SEC)(8). Guidance has also been published by ONS on preferred definitions and survey question designs (for example to define areas as ‘rural’ or ‘urban’, and on ethnicity information) for use in survey and census data collection.(9)

Section 10 Code of Practice for Statistics

57.This section requires the Board to prepare (in consultation with others as appropriate), adopt and publish a Code of Practice for Statistics. This Code will contain the standards against which National Statistics will be assessed. It is expected that the Board, in drawing up the Code, will have due regard to the current National Statistics Code of Practice(10).

58.Subsection (2) allows the Board, at any time, to revise its Code of Practice and to publish the revised version once it has done so.

59.Subsection (3) requires that, in preparing or revising the Code, the Board must consult the Scottish Ministers, the Welsh Ministers, the Department of Finance and Personnel for Northern Ireland and any others it sees fit. Among those the Board might be expected to consult are key users of data in government (including Ministers) and outside (for example academics, researchers and business) as well as producers and providers of data.

Section 11 Pre-release access

60.This section provides for the Minister for the Cabinet Office and (in the case of official devolved statistics) the Devolved Administrations to determine, by order, the principles and rules for access to official statistics in their final form prior to publication (so called ‘pre-release access’). Under section 11(7), the Minister for the Cabinet Office must consult the Board, among others, before making the order. Under section 65, such orders will be subject to the affirmative resolution procedure. Once approved, these rules and principles will be regarded as being included in, and are to be assessed as part of, the Code of Practice for Statistics.

61.Subsections (1) and (2) provide that the Code under section 10 may not deal with pre-release access to official statistics, but that rules and principles relating to pre-release access are to be determined by order.

62.Subsection (3) provides that once the order has been passed, the Board shall consider the content of that order part of the Code of Practice established under section 10.

63.Subsection (4) sets out examples of the types of situation to which the rules and principles referred to in subsection (2) may apply. These could include: the circumstances in which, or descriptions of statistics in relation to which, pre-release access may or may not be granted; the type of person or persons to whom such access might be granted; the period within which such access may be granted; and the conditions under which any such access may be available.

64.Subsection (5) provides that the principles and rules referred to in subsection (2) may vary between different types of statistics or statistical releases. They might, for example, set out different rules for market-sensitive and non-market sensitive statistics. Subsection (5) also provides that the order may grant discretion to the person responsible for producing official statistics. This could include, for example, provision to allow longer pre-release access in exceptional circumstances, such as for those preparing economic forecasts for a Budget or Pre-Budget Report.

65.Subsection (6) establishes that the appropriate authority for making out an order under subsection (2) is the Minister for the Cabinet Office; or in the case of wholly devolved statistics, the Department of Finance and Personnel for Northern Ireland, Scottish Ministers, or Welsh Ministers as appropriate.

66.Subsection (7) establishes that an appropriate authority making the order under subsection (2) must consult the Board and the other authorities listed in subsection (6) before making an order.

Section 12 Assessment

67.This section provides a mechanism for the independent assessment by the Board of official statistics, where the Board is asked to do so by the relevant Minister or other appropriate authority, against the published set of standards set out in the Code of Practice. The results of the assessment will be made public.