MALTA STATISTICS AUTHORITY ACT

MALTA STATISTICS AUTHORITY

CHAPTER 422

MALTA STATISTICS AUTHORITY ACT

AN ACT to provide for the establishment of an Authority to be known as

the Malta Statistics Authority, and for the exercise by or on behalf of that

Authority of regulatory functions regarding resources relating to the

collection, compilation and publishing of official statistics, and to make

provision with respect to matters ancillary thereto or connected therewith.

1st March, 2001

ACT XXIV of 2000 , as amended by Act XXXII of 2007 ; Legal Notices

426 of 2007 and 105 of 2008 ; and Act VII of 2015 .

P ART I

P RELIMINARY

The short title of this Act is the Malta Statistics Authority

Act.

(A RTICLE 17)

Form of Oath

I, ............................ swear/solemnly affirm that I will fully and

honestly fulfil my duties as an officer of statistics in conformity with

the requirements of the Malta Statistics Authority Act, 2000, and of

all orders made thereunder, and that I will not, except in the

performance of my duties under that Act and such orders, disclose or

make known during my service as an officer of statistics or at any

time thereafter, any matter which comes to my knowledge relating to

any person, household or undertaking by reason of my service as an

officer of statistics. (So help me God.)

In this Act unless the context otherwise requires -

"advisory committee" or "committee" mean an advisory

committee established in accordance with article 33;

"Authority" means the Malta Statistics Authority established by

article 3;

"Chairperson" means the Chairperson of the Authority and

includes, in the circumstances mentioned in article 5(2), the Deputy

Chairperson or other person appointed to act as chairperson

Provided that in relation to article 34, "Chairperson" means

the Chairperson of an advisory committee;

"confidential data" means data obtained by the National

Statistics Office for the production of official statistics when such

data allows statistical units to be identified directly or indirectly,

thereby disclosing individual information;

"copy" means the reproduction of a record or any part thereof by

writing, photocopying, electronic or any other means;

"Director General" means the person so appointed by virtue of

article 9;

"directorates" means any such directorates as may be established

by regulations made under article 42;

"employee" means a person employed by the Authority;

"financial year" means any period of twelve months ending on

the 31st December

Provided that the financial year which commenced on the 1st

October, 2007 shall be for a period of fifteen months and shall

terminate on the 31st December, 2008;

"functions" includes powers and duties;

"impartiality" means the objective and independent manner of

producing official statistics free from any pressure from political or

MALTA STATISTICS AUTHORITY

other interest groups, particularly as regards the selection of

techniques, definitions and methodologies best suited to the

attainment of the objectives as set out; it implies the availability of

statistics to all users;

"local council" means a council set up under the Local

Government Act;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution;

"Minister" means the Minister responsible for statistics;

"Office" means the National Statistics Office established by

article 9;

"official statistics" means information obtained by processing

data in order to characterize collective phenomena in a considered

population in the framework of implementation of the business plan

of the Office;

"population" means any set or subset of statistical units, whether

such units are natural persons, legal persons or any other economic

unit;

"premises" includes any dwelling, building, place, vessel or

aircraft within or on territory which falls under the jurisdiction of

Malta;

"prescribed" means prescribed by regulations or orders made

under this Act;

"production of official statistics" means all the activities

necessary for the preparation, collection, storage, processing,

compilation, analysis and dissemination of statistical information;

"public authority" means any government department, local

council, official board or committee and any other public body

established by law;

"public officer", in relation to article 12, has the same meaning

as is assigned to it by article 124 of the Constitution, but does not

include a Judge of the Superior Courts or a Magistrate of the

Inferior Courts;

"record" includes any paper, photographic, electronic, or other

mode of recording or storing information and any form, schedule,

questionnaire, or any other such document;

"reliability" means that the statistics shall reflect as faithfully as

possible the reality which they are designed to represent; it implies

that scientific criteria are used for the selection of sources, methods

and procedures;

"statistics" includes, in addition to numerical data, all other

information which is necessary for the collection, compilation,

analysis and interpretation of data;

"transparency" means the rights of respondents to have

information on the legal basis under which the data is required and

the protective measures adopted to protect the identity of the

respondent;

MALTA STATISTICS AUTHORITY

"undertaking" means any economic unit and includes

institutions, groups of undertakings and associates, whether private

or public.

P ART II

E STABLISHMENT , F UNCTION AND C ONDUCT OF A FFAIRS OF THE

A UTHORITY

(Artikolu 17)

Forma tal-Ġurament

Jiena ....................................... naħlef/solennement niddikjara

illi bil-fedeltà u onestà kollha naqdi d-dmir tiegħi bħala uffiċjal tal-

istatistika, skont il-ħtiġiet tal-Att tal-2000 dwar l-Awtorità tal-

Istatistika ta’ Malta, u tal-ordnijiet kollha maħruġa taħtu, u li, ħlief

fil-qadi tad-dmirijiet tiegħi taħt dak l-Att u dawk l-ordnijiet, ma

nikxifx u ma nxandarx, waqt l-impieg tiegħi bħala uffiċjal tal-

istatistika jew f’xi żmien wara, xi ħaġa li nsir naf biha li għandha

x’taqsam ma’ xi persuna, familja jew impriża minħabba fl-impieg

tiegħi bħala uffiċjal tal-istatistika. (Hekk Alla jgħini).

(1) There shall be a body, to be known as the Malta

Statistics Authority, which shall exercise and perform the functions

assigned to it by this Act.

(2) The Authority shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

this Act, of entering into contracts, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

or suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act, including

the lending or borrowing of money.

The legal and judicial representation of the Authority shall

be vested in the Chairperson of the Authority

Provided that the Authority may from time to time appoint

any one or more of its members, or any one or more of its officers

or employees, to appear in its name and on its behalf in any judicial

proceedings or on any act, contract, instrument or other document

whatsoever.

(1)

The Authority shall be composed as follows

(a) a chairperson appointed by the Minister;

(b) the Director General ex officio;

(c) six other members, who shall have the necessary

technical competence in the domain of statistics, to be

appointed by the Minister, being -

(i) one member, after consultation with the Central

Bank of Malta;

(ii) one member, after consultation with the trade

union movement, as represented on the Malta

Council for Economic Development;

(iii) one member, after consultation with the

University of Malta;

(iv) one member, after consultation with the business

community, as represented on the Malta Council

for Economic Development;

(v) two members, being professionals in the field of

statistics, so appointed by the Minister; and

(d) a person with disability.

(2) The Minister may designate one of the appointed members

of the Authority as Deputy Chairperson and the member so

designated shall have all the powers and perform all the functions

of the Chairperson during his absence or inability to act as

MALTA STATISTICS AUTHORITY

chairperson or while the Chairperson is on vacation or during any

vacancy in the office of chairperson; and the Minister may also, in

any circumstances aforesaid, appoint another person to act as

Chairperson and in such case the foregoing provisions shall apply

in respect of such person.

(3) The members of the Authority, other than the Director

General, shall be appointed by the Minister for a term of one year

or for such longer period as may be specified in the instrument of

appointment, subject to a maximum of three years, but the members

so appointed may be re-appointed on the expiration of their term of

office.

(4)

(a) The Authority shall appoint one of its officers to act as

secretary for such period as it shall deem appropriate.

(b) It shall be the duty of the secretary to make the

necessary preparations for the meetings of the

Authority and to keep minutes of those meetings.

(5)

(a) A person shall not be eligible to be appointed or to

hold office as Chairperson or as a member of the

Authority if he -

(i)

is a Minister, Parliamentary Secretary, a member

of the House of Representatives, or a member of

any Local Council; or

(ii) is a Judge or a Magistrate of the Courts of

Justice; or

(iii) is legally incapacitated; or

(iv) has been declared bankrupt or has made a

composition or arrangement with his creditors;

or

(v) has committed an offence involving fraud or

other dishonesty, or has contravened any

provision of law designed for protecting

members of the public against financial loss due

to dishonesty, incompetence or malpractice by

persons involved in business activities or in

carrying on a profession, or has engaged in any

business practice appearing to the Minister to be

deceitful or oppressive or otherwise improper

(whether unlawful or not) or which otherwise

reflects discredit on his method of conducting

business or his profession; or

(vi) has a financial or other interest in any enterprise

or activity which is likely to affect the discharge

of his functions as a member of the Authority

Provided that the Minister may waive the

disqualification of a person under this paragraph

if such person declares the interest and such

declaration and waiver are published in the

Gazette; or

(vii) is otherwise not a fit and proper person to hold

that office.

MALTA STATISTICS AUTHORITY

(b) In determining whether a person is a fit and proper

person under paragraph (a)(vii), the Minister shall

have regard to that person’s probity, to his competence

and soundness of judgment for fulfilling the

responsibilities of that office, to the diligence with

which he is fulfilling or is likely to fulfil those

responsibilities and to whether the interest of any

person are, or are likely to be in any way threatened, by

his holding that office.

(c) Any person whom the Minister has appointed or

proposes to appoint as a member of the Authority shall,

whenever requested by the Minister to do so, furnish to

him such information as the Minister considers

necessary for the performance of the Minister’s duties

under paragraphs (a) and (b).

(d) A member of the Authority may be relieved from

office by the Minister on the ground of inability to

perform the functions of his office, whether due to

infirmity of mind or of body, or to any other cause, or

of misbehaviour; and for the purposes of this paragraph

repeated and unjustified non-attendance at meetings

may be deemed to amount to misbehaviour.

(e) The names of all the members of the Authority and any

change in such membership shall be published in the

Gazette.

(f) Any member of the Authority, other than the Director

General, may resign from office by letter addressed to

the Minister.

(6) Any member of the Authority who has any direct or

indirect interest in any contract made or proposed to be made by the

Authority, not being an interest which disqualifies such member

from remaining a member, shall, not later than the first meeting

held after the relevant circumstances have come to his knowledge,

disclose the nature of his interest, and the member having an

interest as aforesaid shall withdraw from any meetings at which

such contract is discussed. Any such disclosure shall be

communicated to the Minister without delay. Where the interest of

the member is such as to disqualify him from remaining a member,

he shall report the fact immediately to the Minister and tender his

resignation.

(7) If a member resigns or if the office of a member of the

Authority is otherwise vacant or if a member is for any reason

unable to perform the functions of his office, the Minister may

appoint a person who is qualified to be appointed to be a member to

be a temporary member of the Authority; and any person so

appointed shall, subject to the provisions of subarticle (5), cease to

be such a member when a person has been appointed to fill the

vacancy or, as the case may be, when the member who was unable

to perform the functions of his office resumes those functions.

(8) The Chairperson and members of the Authority, except the

Director General, shall be paid such honoraria as the Minister may

MALTA STATISTICS AUTHORITY

determine.

(1) Subject to any other provisions of this Act, the

Authority may regulate its own procedure.

(2) The Authority shall meet at least twice every calendar

quarter.

(3) The Authority may exercise its functions notwithstanding

any vacancy in its membership, as long as such vacancies do not

exceed three in number.

(4) Meetings of the Authority shall be convened by the

Chairperson or, in his absence, by the Deputy Chairperson, either

on his own initiative or at the written request of any three of the

other members of the Authority.

(5) Decisions shall be taken by a simple majority of votes of

the members present and voting. The Chairperson or, in his

absence, the Deputy Chairperson, or other person appointed to act

as chairperson, shall have an initial vote and, in the event of an

equality of votes, a casting vote. Without prejudice to the other

requirements of this Act, no decision shall be valid unless it is

supported by at least three members of the Authority.

(6) Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely by reason

of the existence of any vacancy among the members.

(7) All acts done by any person acting in good faith, as a

member of the Authority, shall be valid as if he were a member

notwithstanding that some defect in his appointment or

qualification be afterwards discovered. No act or proceeding of the

Authority shall be questioned on the ground of the contravention,

by a member, of the provisions of article 5(6).

(1)

The Authority shall have the following functions

(a) to examine and submit, for the approval of the

Minister, the business plan and financial estimates

drawn up by the Director General for the

administration of the Office;

(b) to regulate and to generally supervise the production

of official statistics in accordance with international

requirements and standards;

(c) to discuss and advise on statistical matters, including

methodologies, relating to the collection, compilation

and dissemination of statistics;

(d) to establish priorities in responding to the demand for

official statistics;

(e) to liaise between the Office and other public bodies

concerning the supply of data and the coordination of

activities with statistical implications;

(f) to publish the business plan after its approval by the

Minister and the Minister of Finance;

(g) to disseminate the knowledge of official statistics;

(h) to consider and comment where necessary on the

MALTA STATISTICS AUTHORITY

yearly report submitted by the Director General on the

work of the Office as required by article 9(5)(g).

(2) For the better performance of its functions, the Authority

may establish contacts and forms of collaboration and

understandings with other local and foreign statutory bodies,

government departments, international organisations, and other

entities which exercise regulatory, supervisory or licensing powers,

under any law in Malta or abroad or which are otherwise engaged

in gathering statistics, which could be directly or indirectly

beneficial to the Authority.

(3) The members of the Authority, other than the Director

General, shall not have access to confidential information

pertaining to any individual person, household or undertaking

unless they are appointed officers of statistics as defined in article

(1) Il-Ministru jista’, għar-rigward ta’ dawk l-affarijiet li

jkunu jidhrulu li jolqtu l-interess pubbliku, minn żmien għal żmien,

jagħti lill-Awtorità direttivi bil-miktub ta’ xorta ġenerali, li ma

jkunux inkonsistenti mad-dispożizzjonijiet ta’ dan l-Att, dwar il-

policy li għandha tiġi segwita fit-twettiq tal-funzjonijiet vestiti fl-

Awtorità minn jew taħt dan l-Att, u l-Awtorità għandha, kemm

jista’ jkun malajr, iġġib fis-seħħ dawk id-direttivi kollha.

(2) L-Awtorità għandha tagħti lill-Ministru faċilitajiet biex

jakkwista informazzjoni rigward il-proprjetà u l-attivitajiet tagħha

u għandha tagħtih dawk il-prospetti, kontijiet u informazzjoni oħra

dwarhom u tagħtih il-faċilità li jkun jista’ jivverifika l-

informazzjoni mogħtija, b’dak il-mod u f’dawk iż-żminijiet li jista’

raġonevolment jeħtieġ.

(3) Jekk l-Awtorità tonqos milli tħares xi direttiva maħruġa

skont dan l-artikolu, il-Prim Ministru jista’ jagħmel ordni li biha

AWTORITÀ TAL-ISTATISTIKA TA’ MALTA

jittrasferixxi lill-Ministru, għal kollox jew f’parti, xi funzjoni jew

funzjonijiet tal-Awtorità.

(1) Għandu jiġi mwaqqaf uffiċċju, li jkun magħruf bħala l-

Uffiċċju Nazzjonali tal-Istatistika, hawnhekk iżjed ’il quddiem

imsejjaħ ''l-Uffiċċju''.

(2) Għandu jkun hemm Direttur Ġenerali li jkun il-kap tal-

Uffiċċju u li jkollu r-rappreżentanza legali ta’ dak l-Uffiċċju.

(3) Id-Direttur Ġenerali għandu jkun persuna bi kwalifiki

professjonali, kompetenza rikonoxxuta u reputazzjoni fil-kamp tal-

istatistika, u għandu jiġi maħtur mill-Awtorità wara konsultazzjoni

mal-Ministru għal perjodu ta’ tliet snin; dan il-perjodu jista’ jiġi

mtawwal għal perjodi oħra ta’ tliet snin kull wieħed

Iżda l-ewwel Direttur Ġenerali għandu jiġi maħtur mill-

Ministru għal perjodu inizjali ta’ ħames snin.

(4) Id-Direttur Ġenerali jkun responsabbli għal, u għandu

jwettaq, it-tmexxija ta’ kuljum tal-Uffiċċju fi ħdan l-Awtorità skont

il-linji ġenerali ta’ policy stabbiliti mill-Awtorità minn żmien għal

żmien.

(5) Id-Direttur Ġenerali għandu jwettaq id-dmirijiet tiegħu li

għandhom x’jaqsmu mal-Uffiċċju b’mod awtonomu. Fit-twettiq

tad-dmirijiet tiegħu, id-Direttur Ġenerali għandu -

(a) jara li tinżamm l-integrità u l-validità tal-istatistiċi

uffiċjali u li tinżamm il-fiduċja pubblika fihom;

(b) jiddeċiedi, skont konsiderazzjonijiet professjonali u

etiċi, l-iskop u l-għan tal-istatistiċi provduti fil-pjan ta’

dħul u nefqa, u dwar il-metodi u l-proċeduri għall-ġbir,

kompilazzjoni, ħażna, preżentazzjoni u pubblikazzjoni

ta’ data;

(ċ) jkun

responsabbbli

biex

jiġu

mħarsa

d-

dispożizzjonijiet ta’ dan l-Att dwar konfidenzjalità;

(d) jiżgura li l-uffiċċju jkun mgħammar bil-faċilitajiet

meħtieġa ta’ teknoloġija tal-informatika biex tiġi

proċessata b’mod effiċjenti l-informazzjoni tal-

istatistika;

(e) jħejji abbozzi ta’ pjanijiet ta’ dħul u nefqa skont ir-

regoli u proċeduri tal-Gvern;

(f) jirrappreżenta

l-Uffiċċju

f’aġenziji

u

organizzazzjonijiet internazzjonali;

(g) jissottometti rapport annwali dwar ix-xogħol tal-

Uffiċċju lill-Awtorità;

(h) jiżviluppa l-istrateġiji meħtieġa għall-implimentaz-

zjoni tal-għanijiet tal-Awtorità;

(i) jagħti parir lill-Awtorità dwar kull ħaġa li l-Awtorità

tista’ tibgħat lilu jew dwar kull ħaġa li hu jikkonsidra

meħtieġa jew espedjenti; u

(j) jwettaq dawk id-dmirijiet kollha li l-Awtorità tista’

minn żmien għal żmien tassenjalu.

AWTORITÀ TAL-ISTATISTIKA TA’ MALTA

(1) Il-funzjonijiet

tal-Uffiċċju

jkunu

l-ġbir,

il-

kompilazzjoni, il-kisba u r-rilaxx ta’ statistiċi uffiċjali li għandhom

x’jaqsmu ma’ attivitajiet u kondizzjonijiet demografiċi, soċjali,

ambjentali, ekonomiċi u attivitajiet u kondizzjonijiet ġenerali ta’

Malta kif imfisser fl-Ewwel Skeda.

(2)

L-Uffiċċju għandu -

(a) jipprovdi fuq bażi imparzjali, informazzjoni

kwantitattiva u rappreżentattiva dwar is-sitwazzjoni

ekonomika, demografika, gender issues, soċjali u

ambjentali f’Malta, lill-utenti kollha inkluż il-

Parlament, il-Gvern, istituzzjonijiet, operaturi soċjali u

ekonomiċi, istituzzjonijiet u korpi akkademiċi u l-

pubbliku ġenerali; fejn possibbli d-data għandha tkun

provduta fuq bażi reġjonali;

(b) jipproduċi d-data u jkun suġġett għall-prinċipji ta’

kredibilità, oġġettività, rilevanza, konfidenzjalità tal-

istatistika, trasparenza, speċifiċità, u proporzjonalità.

L-Uffiċċju jista’ wkoll jipproduċi statistiċi li jimmiraw

biex jirriflettu b’mod eżatt kemm ikun possibbli s-

sitwazzjonijiet reali, ixandar ir-riżultati lill-pubbliku u

lill-utenti ta’ dawk ir-riżultati b’mod newtrali u

imparzjali, jiffoka fuq il-fenomini li huma essenzjali

għal min jieħu deċiżjoni u jonora d-dritt taċ-ċittadini

għall-informazzjoni

pubblika.

Informazzjoni

individwali li tkun f’forma identifikabbli, miġbura

għal għanijiet ta’ statistika, ma għandhiex tintuża għal

għanijiet oħra ħlief għal dawk stabbiliti b’dan l-Att;

(ċ) jipprovdi l-informazzjoni neċessarja biex tiġi

eżaminata l-kwalità ta’ statistiċi uffiċjali, u li jagħti

aċċess lill-pubbliku għall-metodi wżati għall-

produzzjoni tagħhom u kif il-prinċipji, li taħthom l-

istatistiċi huma miġbura, ġew imħarsa;

(d) jipprovdi dawk l-ispjegazzjonijiet tekniċi tar-riżultati

biex tiġi evitata interpretazzjoni żbaljata;

(e) jagħmel riċerka dwar u jiżviluppa aktar il-

metodoloġija u t-teknoloġija tal-istatistika;

(f) jissorvelja u jikkoordina t-twettiq ta’ biċċiet ta’ xogħol

b’implikazzjonijiet statistiċi imposti fuq korpi oħra

pubbliċi;

(g) jikkoordina l-produzzjoni ta’ sistemi ta’ statistiċi

uffiċjali, inklużi l-metodoloġiji meħtieġa, biex jiżgura

li l-informazzjoni tkun adatta u ta’ livell standard, l-

effiċjenza u li jintlaħqu il-ħtiġiet tal-utenti; kif ukoll li

jipprovdi klassifikazzjonijiet xierqa u konformità ma’

ħtiġiet u standards internazzjonali;

(h) jiġbor l-informazzjoni meħtieġa, jikklassifika r-

riżultati skont livelli xierqa u sezzjonijiet, u jxandar

dawn ir-riżultati lill-utenti.

AWTORITÀ TAL-ISTATISTIKA TA’ MALTA

T AQSIMA III

U FFIĊJALI U I MPJEGATI TAL -A WTORIT À

(4) Nothing in subarticle (1) shall be construed as enabling the

Authority to exercise any power or function already assigned to the

Director General under this Act.

(5) The members of the Authority shall not take instructions

from the Government or any other authority, political parties or any

other interest groups, in the selection of data sources, statistical

methods and procedures, in the contents, form and time of

dissemination, and in the application of statistical confidentiality.

8. (1) The Minister may, in relation to matters that appear to

him to affect the public interest, from time to time give to the

Authority directions in writing of a general character, not

inconsistent with the provisions of this Act, on the policy to be

followed in the carrying out of the functions vested in the

Authority, by or under this Act, and the Authority shall, as soon as

may be, give effect to all such directions.

(2) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property and activities and

furnish him with returns, accounts and other information with

respect thereto, and afford to him facilities for the verification of

information furnished, in such manner and at such times as he may

reasonably require.

(3) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order

transferring to the Minister in whole or in part any of the functions

of the Authority.

9. (1) There shall be established an office to be designated as

the National Statistics Office, hereinafter referred to as the

''Office''.

(2) There shall be a Director General who shall head the Office

and who shall have the legal representation thereof.

(3) The Director General shall be a person with professional

qualifications, recognised competence and reputation in the domain

of statistics, and shall be appointed by the Authority following

consultation with the Minister for a period of three years; such

period may be extended for further periods of three years each

MALTA STATISTICS AUTHORITY

Provided that the first Director General shall be appointed by the

Minister for an initial period of five years.

(4) The Director General shall be responsible for and shall

carry out the day-to-day operations of the Office within the

Authority in accordance with the general lines of policy established

by the Authority from time to time.

(5) The Director General shall discharge his duties relating to

the Office autonomously. In the performance of his duties, the

Director General shall -

(a) maintain the integrity and validity of official statistics

and public confidence in them;

(b) decide, on the basis of professional and ethical

considerations, the scope and purpose of the statistics

provided for in the business plan, and on the methods

and procedures for the collection, compilation,

storage, presentation and publication of data;

(c) be responsible for the observance of the provisions of

this Act relating to confidentiality;

(d) ensure that the Office is equipped with the necessary

information technology facilities for the efficient

processing of statistical information;

(e) draw up draft business plans in accordance with

Government norms and procedures;

(f) represent the Office in international agencies and

organisations;

(g) submit an annual report on the work of the Office to

the Authority;

(h) develop

the

necessary

strategies

for

the

implementation of the objectives of the Authority;

(i) advise the Authority on any matter it may refer to him

or on any matter which he considers necessary or

expedient; and

(j) carry out such other duties as the Authority may assign

to him from time to time.

10. (1) The functions of the Office shall be the collection,

compilation, extraction and release of official statistics relating to

demographic, social, environmental, economic and general

activities and conditions of Malta as specified in the First Schedule.

(2)

The Office shall -

(a) provide on an impartial basis, quantitive and

representative information about the economic,

demographic, gender issues, social and environmental

situation in Malta, to all users including the

Parliament, the Government, institutions, social and

economic operators, academic institutions and bodies

and the general public; where possible such data

should be provided on a regional basis;

(b) produce the data, and shall be subject to the principles

MALTA STATISTICS AUTHORITY

of reliability, objectivity, relevance, statistical

confidentiality,

transparency,

specificity,

and

proportionality. Moreover, the Office shall produce

statistics which shall aim to mirror as faithfully as

possible the real situations, disseminate the results to

the public and the users thereof in a neutral and

impartial way, focus on the phenomena which are

essential for decision makers and honour the citizens’

right to public information. Individual information in

identifiable form, collected for statistical purposes,

shall not be used for other purposes than as provided

for in this Act;

(c)

supply the information necessary to evaluate the

quality of official statistics, and make accessible to the

public the methods used for their production, and how

the principles, under which such statistics are

gathered, are complied with;

(d)

provide such technical explanations of the result so as

to avoid erroneous interpretation;

(e)

conduct research on and further develop statistical

methodology and technology;

(f)

monitor and coordinate the carrying out of tasks with

statistical implications imposed on other public

bodies;

(g)

coordinate the production of official statistics’

systems, including the necessary methodologies, with

a view to ensuring timelines and standardisation of

information, efficiency and to meeting users’

requirements; as well as to provide appropriate

classifications and conformity with international

requirements and standards;

(h)

collect the necessary information, compile the results

at appropriate levels and break-downs, and

disseminate them to users.

P ART III

O FFICERS AND E MPLOYEES OF THE A UTHORITY

11. Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall

be made by the Authority. The terms and conditions of employment

shall be established by the Authority with the concurrence of the

(1) The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may, in

accordance with article 11, determine, such officers and employees

of the Authority as may from time to time be necessary for the due

and efficient discharge of the functions of the Authority.

(2) The members of the Authority, all officers and employees

of the Authority and the members of advisory committees shall be

MALTA STATISTICS AUTHORITY

deemed to be public officers within the meaning of the Criminal

Code.

(3) The Minister and the members of the Authority and its

officers shall not, for a period of one year following the termination

of their appointment or office, engage in any activity which, in

accordance with the provisions of article 5(5)(a)(vi), would

disqualify a person from holding office as a member of the

Authority.

(1) The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with

effect from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an

earlier date, or unless a different date is specified in such direction,

cease to have effect after one year from the effective date of such

direction unless the direction is revoked earlier by the Prime

Minister.

(1) Where any officer is detailed for duty with the

Authority under any of the provisions of article 13, such officer

shall, during the time in which such direction has effect in relation

to him, be under the administrative authority and control of the

Authority, but he shall for all other intents and purposes remain and

be considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not, during the time in respect of which he is so

detailed -

(i) be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at a date on which he is so detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the authority

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and under the Widows’ and

Orphans’ Pensions Act and of any other right or

privilege to which he would be entitled, and shall be

liable to any liability to which he would be liable, but

for the fact of his being detailed for duty with the

MALTA STATISTICS AUTHORITY

Authority.

(3) Where an application is made as provided in subarticle

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister of Finance in respect of the cost of pensions and gratuities

earned by an officer detailed for duty with the Authority as

aforesaid during the period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority

under any of the provisions of article 13 permanent employment

with the Authority at a remuneration and on terms and conditions

not less favourable than those enjoyed by such officer at the date of

such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister, offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of subarticle (1)

shall, for all purposes other than those of the Pensions Ordinance

and of the Widows’ and Orphans’ Pensions Act and, saving the

provisions of subarticle (6), be deemed to have ceased to be in the

service of the Government and to have entered into service with the

Authority on the date of his acceptance, and for the purposes of the

said Ordinance and of the said Act, so far as applicable to him,

service with the Authority shall be deemed to be service with the

Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

his service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister of Finance in respect of the cost of pensions and gratuities

earned by an officer who has accepted permanent employment with

the Authority as aforesaid during the period commencing on the

date of such officer’s acceptance.

(6) For the purpose of the Pensions Ordinance, the pensionable

emoluments of such public officer on retirement shall be deemed to

be the pensionable emoluments payable to an officer in

Government service in a grade and at an incremental level

corresponding to the post and incremental level at which the officer

retires for the Authority.

(7)

(a) For the purposes of this article, posts and salary grades

with the Authority shall be classified in the most

MALTA STATISTICS AUTHORITY

nearly corresponding grades and incremental levels in

the service under the Government by reference to job

description, skills, responsibilities and other analogous

factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a Chairperson

appointed by the Minister of Finance and two other

members, one appointed by the Minister responsible

centrally for personnel policies in the public service

and one appointed by the Authority. The classification

shall be subject to the final approval of the Minister of

Finance.

(c) Such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or, of employees of the

Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such

other grade that the Minister of Finance may from time

to time by notice in the Gazette determine.

(e) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the Pensions Ordinance less

favourable than those to which he would have been

entitled prior to such classification.

(1) The Authority may, in writing, appoint persons for a

specified duration to perform statistical work of any nature which

may necessitate access to data collected under the provisions of this

(2) The person so appointed in pursuance of this article shall

discharge any specific duties and function as may be assigned to

him under this article and by the Authority in his letter of

appointment.

Every person appointed as an officer of statistics shall,

before assuming such duties, subscribe to the oath contained in the

Second Schedule.

(1) Every officer of statistics who, under this Act, is

(a) to require the completion and return of any document

or the provision of any information orally or in writing

from any person or undertaking; or

(b) to inspect, copy or take extracts from, collect or

receive any documents relating to any person or

undertaking; or

(c) to enter any premises,

shall be provided with a certificate of appointment signed by,

stamped or printed with, the name of the Director General.

(2) An officer of statistics acting under this article shall on

demand produce his certificate of appointment for inspection.

MALTA STATISTICS AUTHORITY

P ART IV

F INANCIAL P ROVISIONS

(1) Without prejudice to the following provisions of this

article, the Authority shall so conduct its affairs that so much of the

expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

this Act or any other law related to the powers and functions of the

Authority.

(3) The Authority shall also be paid by the Government out of

the Consolidated Fund such sums as the House of Representatives,

hereinafter referred to as the "House", may from time to time

authorise to be appropriated to meet any of its expenditure that

cannot be met out of its revenue and the costs of specified works to

be continued or otherwise carried out by the Authority, being works

of infrastructure or of a similar capital nature.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

of Finance, may from time to time give, be applied by the Authority

to the formation of reserve funds to be used for the purposes of the

Authority; and without prejudice to the generality of the powers

given to the Minister by this subarticle, any direction given by the

Minister as aforesaid may order the transfer to the Government, or

the application in such manner as may be specified in the direction,

of any part of the fees, rates and other payments levied in

accordance with subarticle (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of

the Minister, given after consultation with the Minister of Finance,

borrow or raise money in such manner, from such person, body or

authority, and under such terms and conditions as the Minister,

after consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying

out its functions under this Act

Provided that for any amount in excess of one hundred and

sixteen thousand and four hundred and sixty-eight euro and sixty-

seven cents (116,468.67), there shall be required the written

approval of the Minister.

The Minister of Finance may, after consultation with the

Minister, make advances to the Authority of such sums as he may

agree to be required by the Authority for carrying out any of its

functions under this Act, and may make such advances on such

terms and conditions as he may, after consultation as aforesaid,

deem appropriate. Any such advance may be made by the Minister

MALTA STATISTICS AUTHORITY

of Finance out of the Consolidated Fund, and without further

appropriation other than this Act, by warrant under his hand

authorising the Accountant General to make such advance.

(1) The Minister of Finance may, for any requirements of

the Authority of a capital nature, contract or raise loans, or incur

liabilities, for such periods and on such terms and conditions as he

may deem appropriate; and any sums due in respect of or in

connection with any such loan or liability shall be a charge on the

Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under subarticle (1) shall be given to the House as soon as

practicable.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Authority with

working capital, the Minister of Finance may, by warrant under his

hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the

Authority out of the Treasury Clearance Fund under such terms as

may be specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the

"Statistics Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority in respect of advances made to the Authority under

subarticle (3) shall be paid, in respect of amounts by way of

repayment, into the Treasury Clearance Fund, and, in respect of

amounts received by way of interest, into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than six weeks after the end of

each such year adopt, estimates of the income and expenditure of

the Authority for the next following financial year

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or an appropriation Act or of any

other law; and the Authority shall so prepare the said estimates as

to ensure that the total revenues of the Authority are at least

sufficient to meet all sums properly chargeable to its revenue

account including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous

estimates as the Minister of Finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to

MALTA STATISTICS AUTHORITY

the Minister of Finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from

the Authority, approve the same with or without amendment after

consultation with the Minister of Finance.

(1) No expenditure shall be made or incurred by the

Authority unless provision therefor has been made in the estimates

approved as provided in article 23.

(2)

Notwithstanding the provisions of subarticle (1) -

(a) until the expiration of six months from the beginning

of a financial year, or until the approval of the

estimates for that year, whichever is the earlier date,

the Authority may make or incur expenditure for

carrying on its functions under this Act not exceeding

in the aggregate one-half of the amount approved for

the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister,

given after consultation with the Minister of Finance,

be made or incurred in respect of another head or sub-

head of the estimates;

(c) in respect of the first financial year, the Authority may

make or incur expenditure not exceeding in the

aggregate such amounts as the Minister of Finance

may, after consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the Minister,

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during

that period the House is not in session, within eight weeks from the

beginning of the next following session, cause such estimates to be

laid on the Table of the House.

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an

auditor or auditors to be appointed by the Authority and approved

by the Minister

Provided that the Minister of Finance may, after

consultation with the Minister, require the books and accounts of

the Authority to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other certifications as he may deem necessary.

MALTA STATISTICS AUTHORITY

(3) After the end of each financial year, and not later than the

date on which the estimates of the Authority are forwarded to the

Minister under article 23, the Authority shall cause a copy of the

statement of account duly audited to be transmitted to the Minister

and to the Minister of Finance together with a copy of any report

made by the auditors on that statement or on the accounts of the

Authority.

(4) The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of every such

statement and report, or if at any time during that period the House

is not in session, within eight weeks from the beginning of the next

following session, cause every such statement and report to be laid

on the Table of the House.

(1) All monies accruing to the Authority shall be paid into

a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such banks from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority,

shall be made by such officer or officers of the Authority as the

Authority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose

and shall be countersigned by the Chairperson, or such other

member or officer of the Authority as may be authorised by the

Authority for that purpose.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid,

and the transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the Authority,

and generally with respect to any matter which is relevant to the

proper keeping and control of the accounts and books, and the

control of the finances, of the Authority.

Without prejudice to any directions communicated by the

Minister under article 8(1), the Authority shall not, except with the

approval of the Minister granted for special reasons and after

consultation with the Minister of Finance, award or enter into any

contract for the supply of goods or materials or for the execution of

works, or for the rendering of services, to or for the benefit of the

Authority, which is estimated by the Authority to exceed seven

thousand euro (7,000) or such other amount as the Minister of

Finance may by regulations prescribe, except after notice of the

intention of the Authority to enter into the contract has been

MALTA STATISTICS AUTHORITY

published and competitive tenders have been issued.

The Authority shall, not later than six weeks after the end

of each financial year, make and transmit to the Minister and to the

Minister of Finance a report dealing generally with the activities of

the Authority during that financial year and containing such

information relating to the proceedings and policy of the Authority

as either of the said Ministers may from time to time require. The

Minister shall, at the earliest opportunity, and not later than eight

weeks after he has received a copy of every such report, or if at any

time during that period the House is not in session, within eight

weeks from the beginning of the next following session, cause a

copy of every such report to be laid on the Table of the House.

P ART V

T RANSFER OF C ERTAIN A SSETS TO THE A UTHORITY

(1) (a)The property and undertakings owned by the

Government and used by it, immediately before the

date of the coming into force of this Part of this Act,

and used by it for the operation of any of the functions

which by this Act are being transferred to or vested in

the Authority shall, on the date aforesaid, by virtue of

this Act and without further assurance, be transferred

to and be vested in the Authority under the same title

by which they were held by the Government

immediately before the said date. The provisions of

this paragraph shall not apply to immovable property.

(b)The immovable assets from time to time specified in

an order made by the President of Malta and published

in the Gazette (hereinafter referred to as "the

immovable assets") being immovable assets which,

immediately before the coming into force of this Part

of this Act, where owned by the Government and used

by it for the operation of any of the functions which by

this Act are being transferred to or vested in the

Authority shall, with effect from such day as may be

specified in any such order, and by virtue of this Act

and without any further assurance, be transferred to

and vested in the Authority under the same title by

which they were held by the Government before such

day.

(2) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to

the generality of the aforesaid, shall include all plant, equipment,

apparata, instruments, vehicles, craft, buildings, structures,

installations, land, roads, works, stocks and other property,

movable or immovable, assets, powers, rights and privileges and all

things necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertaining thereto, as well as all

obligations affecting or relating to any of the aforesaid property or

undertakings or other thing included therein as aforesaid.

MALTA STATISTICS AUTHORITY

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act, affecting or relating to any of the

properties or undertakings transferred to the Authority by or under

this Act, shall have full force and effect against or in favour of the

Authority, and shall be enforceable freely and effectually, as if

instead of the Government or governmental authority the Authority

had been named therein or had been a party thereto, and otherwise

in substitution of the Government or governmental authority.

(1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into

force of this Part of this Act, and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Authority by or under this Act, such thing may be carried on and

completed by or as authorised by the Authority.

(2) Where, immediately before the coming into force of this

Part of this Act, any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or

liability transferred by or under this Act, the Authority shall, as

from the date aforesaid, be substituted in such proceedings for the

Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not

abate by reason of the substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the assets transferred to the Authority by this Act and

securing and giving full effect to the transfer of any property or

undertaking or any right or liability to the Authority by this Act and

make such orders as may be necessary to make any powers and

duties exercisable by the Government in relation to any of the

transferred property or undertakings exercisable by or on behalf of

the Authority.

P ART VI

A DVISORY C OMMITTEES

(1) The Minister may from time to time appoint advisory

committees in respect of such sector or sectors as he may

determine.

(2) An advisory committee shall, for the better carrying out of

the provisions of this Act, advise the Authority on such matters and

perform such other functions as the Minister may specify in the

instrument of appointment.

(3) The members of the committee shall be appointed by the

Minister and shall hold office for such period and on such terms

and conditions as the Minister may deem appropriate.

(4)

Each committee shall consist of one member representing

MALTA STATISTICS AUTHORITY

the Authority as Chairperson and such other members as the

Minister may deem fit to appoint.

(5) The provisions of articles 5(5)(a) and (b) and 5(6) shall,

mutatis mutandis , apply to the members of the advisory

committees.

(6) Each advisory committee shall keep minutes of all

meetings and shall forward copies of such minutes to the Authority.

(1) The meetings of advisory committees shall be called

by the Chairperson as often as may be necessary but at least once a

month either on his own initiative or at the request of any two of

the other members.

(2) Half the number of members for the time being

constituting an advisory committee shall form a quorum. Decisions

shall be adopted by a simple majority of the votes of the members

present and voting. The Chairperson or, in his absence, the Deputy

Chairperson or other person appointed to act as chairperson, shall

have an initial vote and, in the event of an equality of votes, a

casting vote. Without prejudice to the other requirements of this

Act, no decision shall be valid which is not supported by at least

two members of the advisory committee.

(3) Subject to the provisions of this Act, an advisory

committee may regulate its own procedure.

(4) Subject to the foregoing provisions of this article, no act or

proceeding of an advisory committee shall be invalidated merely by

reason of the existence of any vacancy among the members.

(5) Any member of an advisory committee who has any direct

or indirect interest in any contract made or proposed to be made by

the Authority, not being an interest which disqualifies such member

from remaining a member, shall, not later than the first meeting

held after the relevant circumstances have come to his knowledge,

disclose the nature of his interest, and the member having an

interest as aforesaid shall withdraw from any meetings at which

such contract is discussed. Any such disclosure shall be

communicated to the Minister without delay. Where the interest of

the member is such as to disqualify him from remaining a member,

he shall report the fact immediately to the Minister and tender his

resignation.

(6) All acts done by any person acting in good faith, as a

member of an advisory committee shall be valid as if he were a

member notwithstanding that some defect in his appointment or

qualification be afterwards discovered. No act or proceeding of an

advisory committee shall be questioned on the ground of the

contravention, by a member, of the provisions of subarticle (5).

P ART VII

C OLLECTION OF INFORMATION AND ACCESS TO RECORDS .

The Director General may prepare forms, questionnaires

and other records for the collection of information under this Act

and the instructions necessary for their proper completion, and

MALTA STATISTICS AUTHORITY

shall specify the date or period within which these completed

forms, questionnaires and other records or the required information

shall be returned to the Authority.

(1) Notwithstanding anything contained in any other law

enjoining secrecy, the Director General or an officer of statistics

may, for the purposes of obtaining statistical information relating to

any matter specified in the First Schedule, require any person or

undertaking to -

(a) complete a form, questionnaire or other record;

(b) answer any questions; and

(c) provide any information or records,

and any information so obtained shall be subject to the

restrictions on use and prohibition on disclosure of information

specified in articles 40 and 41.

(2) In prescribing a requirement on persons and undertakings

to provide information under subarticle (1), the Director General

shall specify in particular -

(a) the general nature of the information required;

(b) the frequency with which it is to be provided; and

(c) the persons or undertakings, or classes of persons or

undertakings, required to provide it.

(3) In the case of the holding of any census of population and

housing, the relevant order shall be prescribed by the Prime

Minister, acting on the advice of the Authority.

(1) For the purposes of article 36, a request to provide

information shall be sufficient -

(a) in the case of an individual person, if a notice

addressed to that person is delivered to his last known

place of residence, employment or business;

(b) in the case of an undertaking, if a notice is delivered to

the premises from which it operates or conducts its

affairs using its trading name, or to any individual

person involved in its management, including a

receiver or liquidator or administrator, at his place of

business or residence.

(2) Where the information which a person or undertaking

claims to have provided in compliance with a request by the

Director General is not in possession of the Office, the Director

General may by delivery of a further notice direct that person or

undertaking to provide that information.

Notwithstanding anything contained in any other law

enjoining secrecy, any person or undertaking who holds records

from which, in the opinion of the Director General, information

relating to matters specified in the First Schedule can be obtained,

shall grant to the Director General or an officer of statistics access

to such records for obtaining the said information.

MALTA STATISTICS AUTHORITY

P ART VIII

U SE OF R ECORDS OF P UBLIC A UTHORITIES AND

P ROTECTION OF C OLLECTED I NFORMATION

(1) The Director General may -

(a) on delivery of a notice, request any public authority to

allow officers of statistics at all reasonable times to

access, to inspect and to take copies of or extracts from

any records in its charge; and

(b) request any public authority to consult and cooperate

with him for the purpose of assessing the potential of

the records of the authority as a source of statistical

information and, where appropriate and practicable,

developing its recording methods and systems for

statistical purposes, and the public authority shall

comply with any such request, in so far as resources

permit.

(2) If any public authority intends to carry out activities with

statistical implications, it shall consult, for coordination, with the

Office and accept any recommendations the Office may make.

All information furnished by any person, undertaking or

public authority under this Act shall be used only for the purpose of

statistical compilation and analysis.

(1) No information obtained in any way under this Act

which can be related to an identifiable person or undertaking shall,

except with the written consent of that person or undertaking or the

personal representative or next-of-kin of that person, if he be

deceased, be disseminated, shown or communicated to any person

or body except -

(a) for the purposes of a prosecution for an offence under

this Act, or

(b) to officers of statistics in the course of their duties

under this Act.

(2) The Minister may, with the concurrence of the Authority,

by regulations, from time to time, prescribe such further

prohibition on the disclosure of identifiable records or information

obtained under this Act, as he may deem appropriate.

(1) The Minister may, after consultation with the

Authority, by order add to, vary, or amend the First Schedule.

(2) The Minister may, after consultation with the Authority,

make regulations in respect of any of the functions of the Authority,

for the establishment of directorates which may be required to be

established under this Act, and for the better carrying out of any of

the provisions of this Act.

MALTA STATISTICS AUTHORITY

P ART IX

O FFENCES AND P ENALTIES

(1) The

Authority

may

impose

administrative

penalties amounting to -

(a) one hundred and fifteen euro (115) on any person for

failure to respect the deadline for the provision of

information laid down pursuant to article 36; and

(b) two hundred and thirty euro (230) on any person who

fails, refuses to provide, or provides incorrect

information, on any requested information in response

to a request from the Director General under the

provisions of article 36 or 39.

(2)

(a) Any person who, being required to furnish a

questionnaire for a particular period, does not furnish

that questionnaire within the time laid down in the

relevant questionnaire shall be liable to an

administrative penalty of one hundred and fifteen euro

(115), for every month or part thereof that elapses from

the date by which the questionnaire should have been

furnished.

(b) Any person who receives a questionnaire, but is no

longer subject to answering that questionnaire, shall so

inform the Office. Failure to inform the Office as

aforesaid will render such person liable to an

administrative penalty of one hundred and fifteen euro

(115), for every month or part thereof that elapses from

the date by which the questionnaire should have been

furnished.

(3) Any administrative penalty to which a person becomes

liable in terms of this Act shall be due and payable by that person,

and that person shall not be relieved from a higher or from a further

penalty to which he may have become or may become liable in

terms of the relevant provisions of this Act.

(4) A penalty under subarticle (1) shall again become due

when a new deadline is set by the Office for compliance. Penalties

under subarticle (2) shall accrue until the information required is

(5) In special cases, where there are very compelling reasons

to do so, the Authority may waive compulsory penalties wholly or

(6) Administrative penalties shall be due to the Authority as a

civil debt, and the provisions of article 466 of the Code of

Organization and Civil Procedure, shall, mutatis mutandis, apply

Without prejudice to any other liability under any other

law, any person who -

MALTA STATISTICS AUTHORITY

(a) wilfully prevents or obstructs the Director General or

any other officer of statistics from carrying out his

duties under the provisions of this Act; or

(b) misuses information provided under this Act or

wilfully discloses information relating to any

identifiable person or undertaking; or

(c) not being an officer of statistics, represents himself as

being an officer of statistics; or

(d) wilfully destroys, damages or falsifies any document

or record issued for the collection of statistics in

compliance with a requirement made under article 35,

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) of not less than two thousand and three hundred euro

(2,300), or to imprisonment for a term not exceeding six months or

to both such fine and imprisonment.

Without prejudice to any other liability under any other

law, any officer of statistics who -

(a) acts in contravention of the oath referred to in article

17; or

(b) in the pretended performance of his functions as such

officer, obtains or attempts to obtain, from a person or

undertaking, any information which he is not lawfully

entitled to obtain from that person or undertaking; or

(c) wilfully fails to return to the Office a document or

record collected from a person or undertaking under

this Act, or fails to keep any document or record

containing information, collected under this Act, in his

custody in such manner as to ensure that unauthorised

persons will not have access thereto,

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding two thousand and three hundred euro

(2,300) or to imprisonment for a term not exceeding one year, or to

both such fine and imprisonment.

P ART X

SAVING

(1) Any subsidiary legislation made under the Statistics

Act, repealed by this Act, shall, until other provision is made under

or by virtue of this Act, continue in force and have effect as if made

under this Act.

(2) Any authority or order granted or made under any of the

provisions of the repealed Act, and still in force immediately before

the coming into force of this Act, shall continue in force thereafter

as if it were an authority or order granted or made under a

corresponding provision of this Act, and any such authority or

order as aforesaid shall be treated and dealt with accordingly.

MALTA STATISTICS AUTHORITY

(3) All data collected under the repealed Act shall be

construed as data collected under the corresponding provisions of

this Act, and shall be subject to the restrictions on use and

prohibition on disclosure of information specified in articles 40 and

41. FIRST SCHEDULE

(Articles 10(1), 36(1), 38, and 42(1))

Matters in respect of which statistics may be collected,

prepared and published

(a)

Population and housing.

(b)

Immigration and emigration, internal and external

passenger movement and tourism.

(c)

Vital occurrences, morbidity, health and nutrition.

(d)

Social matters including education, sports, public

entertainment, social security and welfare, criminal and

judicial matters, juvenile delinquency, public information,

public administration and government.

(e)

Land tenure, occupation and condition of land and the

produce thereof, occupation and condition of buildings,

rent payable or receivable in respect of land and buildings

and the annual value of land and buildings.

(f)

Environmental and related statistics.

(g)

Primary

and

secondary

production,

including

construction, building, personal and other services, power,

machinery, transport equipment, water and electricity.

(h)

Industry and merchandising.

(i)

Stocks of manufactured and unmanufactured goods.

(j)

Livestock.

(k)

Imports and exports.

(l)

Trade and commerce.

(m)

Transport and communication in all forms by land, water

and air, including post, telephones, telegraph, radio and

electronic transmission, and includes e-commerce and the

use of the internet.

MALTA STATISTICS AUTHORITY

(n)

Occupations, employment, unemployment and payrolls.

(o)

Salaries, wages, hours and conditions of work.

(p)

Industrial disturbances and disputes.

(q)

Injuries, accidents and compensation.

(r)

Wholesale and retail prices and cost of living.

(s)

Banking and finance, including external balance of

payments.

(t)

Associations, including voluntary associations, societies

or corporations for profit or otherwise.

(u)

Marine, fire, life, accident and other insurance.

(v)

Incomes, earnings, profits, interests, fees and other

payments for services rendered.

(w)

National income, output and expenditure and capital

formation.

(x)

Broadcasting and audiovisual works.

(y)

Any other matter so determined by the Director General,

except for opinion poll, after consultation with the

Authority, and as established by a Legal Notice.