The Statistics Act
Of
Saint
Lucia
No.
13 of 1973
I
assent
Ira
M. Simmons
Acting Governor
7th November, 1973
An
Act to provide for collection, compilation and analysis of certain statistical
information, including the taking of census; and the publication of that
information for matters relating thereto. (7th November, 1973)
Be
it enacted by the Queens Most Excellent Majesty, by and with the advice and
consent of the House of Assembly of Saint Lucia, and by the Authority of the
same as follows: -
1.
This Act may be cited as the Statistics Act 1973.
2.
In this Act unless the context otherwise requires -
Local authority means the body as declared under section 5 of the
Castries Corporation Act 1967, and any body constituted pursuant to sections 4
and 5 of the Local Ordinance Chapter 237;
Person where it is used in relation to a person furnishing or required to
furnish particulars or information under this Act, includes all or any of the
individuals constituting a firm, or the person having control or management of a
partnership business, and, in the case of a company or corporation, association
or body or society of persons, includes any director, manager or secretary of
the company or corporation or head (by whatever name called), of the association
or body of persons or society;
Statistics means information in connection with or incidental to any census
or all or any of the matters specified in the First Schedule of this Act;
Statistician means the persons appointed under section 3 to have charge of
the Statistical Office as established by this Act;
Undertaking means any undertaking by way of a trade or business whether or not the trade or business is carried on for profit.
3. (1)
For the purpose of this act there shall be a central Statistical Office;
management of which shall be discharged by the Statistical Office.
(2) The duties of the Central
Statistical Office shall be: -
(a)
to take any census in this island;
(b)
to collect, compile, analyse, abstract and publish statistical
information relating to the social, agricultural, mining, commercial, industrial
and general activities and conditions of the inhabitants of this island;
(c)
to collaborate with departments of Government and with local authorities
in the collection, compilation, analysis and publication of statistical records
of administrations and departments; and
(d)
generally to organise a co-ordinated scheme of social and economic
statistics relating to this island.
4.
The Statistician may delegate in writing his powers and
functions under this Act.
5.
The Cabinet may by order direct that a census shall taken
for this island or any part thereof, or any class of inhabitants thereof and
such order may prescribe: -
(a)
the date or dates on or between which such census is to be taken;
(b)
the information to be obtained in such census.
(2)
The Statistician shall cause the statistics collected under this Act to
be compiled, tabulated and analysed and, subject to the provisions of this Act,
may cause such statistics or abstracts thereof to be published, with or without
comments thereon, ion such a manner as he may determine.
7. (1)
It shall be lawful for the Statistician or any person acting on his
behalf to require any person: -
(a)
to furnish, in such form and manner and within such time as may be
specified by any notice in writing, such periodical or other information,
estimates or returns, concerning such of the matters set out in the First
Schedule to this Act as may be so specified; and
(b)
to supply him with particulars either by interviewing such person
personally or by leaving at the last known address or by posting under
registered cover to the last known address of such person a form having thereon
a notice requiring such form to be completed and return in the manner and within
the time specified in the notice.
Any
such notice under this sub-section shall state that it is served in exercise of
the powers conferred by this sub-section.
(2)
Any person having the custody or charge of any public record or documents
or of the records or documents of any local authority, corporation, person,
partnership, firm, company, society or association from which, in the opinion of
the Statistician, information in respect of the matter in relation to which the
collection is required can be obtained or which would aid in the completion or
correction of such statistics, shall, notwithstanding the provisions of any
other law enjoining secrecy, grant to the Statistician or any officer acting on
his behalf, access to such records or documents for the purpose of obtaining
there from such information.
(3)
The Statistician may, by advertisement in the Gazette and in such
newspapers as may appear to him to be sufficient for notifying the person
concerned, publish a list of any classes or description of business or calling
in relation to which particulars or information will be required for the purpose
of any statistical enquiry under this Act and upon such publication it shall be
the duty of every person carrying on a business or calling of any such class or
description as aforesaid, who has not received a notice under sub-section (1) of
this section to inform the Statistician or any person specified in the
advertisement within such period, being not less than twenty-eight days after
the date of publication if he is carrying on such a business or calling as
specified, and to give the Statistician such particulars or information of the
business or calling as may be so specified.
8.
The Statistician, or any person acting on his behalf may,
after giving such notice as may be prescribed, upon production of his
authorisation, for any purpose: -
(a)
connected with the collection of statistics other than the taking of the census;
(b)
connected with the taking of a census;
enter
at such times as may be prescribed, any dwelling house or any premises where
persons are employed or any premises where it appears to him likely that persons
are employed; and in either such case may make such enquires as may be necessary
for the performance of his duties.
9.
Except for the purpose of a prosecution under this Act::-
(a) no
individual return, or part thereof, made for the purposes of this Act,
(b)
no answer given to any question put for the purposes of this Act,
©
no report, abstract, or other document, containing particulars comprised
in any such return or answer so arranged as to enable identification of such
particulars with any person, undertaking or business,
Provided
that nothing in this section shall prevent or restrict the publication of any
such report, abstract, or other documents, without such consent where the
particulars in such report, abstract or other document, enable identification
merely by reason of the fact that the particulars relate to an undertaking or
business which is the only undertaking or business within its particular sphere
of activities, so, however, that in no case shall such particulars enable
identification of the cost of production, the capital employed, or profits
arising in, any such undertaking or business.
10.
Any person being a person
employed in the execution of any duty under this Act, who:
(a)
By virtue of such employment becomes possessed of any information which
might exert an influence upon or affect the market value of any share, interest,
product or article, and before such information is made public in accordance
with the provisions of this Act, directly or indirectly uses such information
for personal gain,
(b)
Without lawful authority publishes or communicates to any person
otherwise than in the ordinary course of such employment any information
acquired by him in the course of his employment,
©
Knowingly compiles for issue any false statistics or information;
Shall
be guilty of a misdemeanour and shall be liable on conviction thereof to
imprisonment for a term not exceeding two years or a fine not exceeding five
hundred dollars or to both such imprisonment and fine.
(2)
Any person, being in possession of any information which to his knowledge
has been disclosed in contravention of this Act, who publishes or communicates
such information to any person shall be guilty of a misdemeanour and shall be
liable on conviction thereof to imprisonment for a term not exceeding two years
or to a fine not exceeding five hundred dollars or to both such imprisonment and
fine.
11. Any person who: -
(a)
hinders or obstructs the Statistician or any person duly authorised in
the execution of any power conferred under this Act,
(b)
refuses or neglects to fill up and supply the particulars required in any
schedule, form or other document lawfully left with or sent to him, or who
refuses or neglects to answer any question or inquiry addressed to him under the
authority of this Act or to supply the information required in accordance with
sub-section (3) of section seven of this Act,
©
knowingly makes in any schedule, form or other document filled up or
supplied pursuant to this Act, or in answer to any question asked him under the
authority of this Act, any statement which is untrue in any material particular,
(d)
without lawful authority, destroys, defaces or mutilates any schedule,
form or other document containing particulars collected under this Act, or
writes or makes on any schedule, form or other document issued for the purpose
of this Act and furnished to the Statistician, any indecent, obscene,
blasphemous or insulting remarks, drawing or other matter, shall be guilty of an
offence under this Act.
12.
Subject to the provisions of this Act every person who is guilty of an
offence under this Act for which no penalty is specially provided shall be
liable on conviction thereof by a court of summary jurisdiction to a fine not
exceeding two hundred dollars for each such offence and in default of payment to
imprisonment for a period not exceeding six months, and if the offence is
continued after the conviction, then a further fine not exceeding for each day
on which the offence is continued after conviction.
13. Cabinet may make regulations for the purpose of carrying out the
provisions of this Act and, in particular, but without prejudice to the
generality of the foregoing may make regulations prescribing: -
(a) particulars and information to be furnished concerning the matter in respect of which statements may be collected under this Act;
(b) the manner and form in which and the times and places at which, such particulars and information shall be furnished;
© the manner in which notice shall be given to persons on whose premises entry is desired;
(d)
the times at which entry may be effected on premises.
14.
(1) Subject to the
provisions of sub-section (2) of this section every person employed in the
execution of any duty under this Act shall before entering on his duties take an
oath or make an affirmation in the form in the Second Schedule to this Act and
such oath or affirmation shall be administered by the Statistician.
(2)
The Statistician shall before entering on his functions or duties under this Act
take an oath or make an affirmation in the form in the Second Schedule to this
Act and such oath or affirmation shall be administered by a Justice of the
Peace.
15.
Cabinet
may from time to time by order published in the Gazette revoke or amend the
First Schedule to this Act or substitute a new schedule therefore.
16.
The
Statistics Ordinance Chapter 184 is hereby repealed.
Passed
in the House of Assembly this 26th day of October 1973.