Commentary on Sections and Schedules Part 1: the Statistics Board Section 66 Devolved statistics
238.This section sets out the definitions of Scottish, Welsh and Northern Ireland devolved statistics, reflecting the devolution settlements in the Scotland Act 1998, the Government of Wales Act 2006 and the Northern Ireland Act 1998.
239.Subsection (1) defines ‘Scottish devolved statistics’ as statistics which relate to matters in Scotland which are not reserved matters (for example, statistics on Scottish education or health), except where they are produced for reserved purposes (for example, information on vacant hospital beds in Scotland produced by the UK Government for emergency planning, which is a reserved matter). As set out in section 66(1)(b), Scottish devolved statistics also include statistics on reserved matters which are produced for devolved purposes (for example, where a Scottish public authority produces statistics which relate to coverage of financial service providers, a reserved matter, in the exercise of the devolved function of giving financial assistance to Scottish credit unions acting in areas of financial exclusion). Section 66(1)(c) includes in the definition of Scottish devolved statistics any statistics produced in pursuit of functions transferred to Scottish Ministers under an Order made under section 63(1)(a) of the Scotland Act 1998.
240.Subsection (2) provides that statistics are not Scottish devolved statistics where they are produced by cross-border public authorities in the meaning of the Scotland Act 1998 and bodies treated as cross-border public authorities for the purposes of some provisions of that Act, except where the statistics in question relate wholly to Scotland. Cross-border public authorities include the Forestry Commission, and the bodies treated as cross-border public authorities comprise the Food Standards Agency, the Council for the Regulation of Health Care Professionals, the Nuclear Decommissioning Authority, the Health Protection Agency and the Security Industry Authority.
241.Subsection (3) defines ‘Welsh devolved statistics’ as statistics which relate wholly or mainly to the exercise of functions by a Welsh ministerial authority or a public authority whose functions are exercisable only in or as regards Wales (for example, Welsh education statistics, which relate to Welsh Ministerial functions on education and training). Statistics which relate to functions which are devolved to Wales, but which are produced in the exercise of reserved functions are not, however, included in the definition of ‘Welsh devolved statistics’ (the same example on vacant hospital bed statistics being required for reserved emergency planning purposes applies as for Scotland).
242.Subsection (4) defines ‘Northern Ireland devolved statistics’ as statistics which relate to Northern Ireland transferred matters, unless (as for Scotland and Wales) they are produced for reserved purposes. The definition also includes statistics which do not relate to transferred matters in Northern Ireland but which are required for transferred purposes.