Commentary on Sections and Schedules Part 1: the Statistics Board 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.