ScotStat Board for Official Statistics: terms of reference

Purpose and Remit

The purpose of the ScotStat Board is to provide recommendations, advice and critical challenge to the Chief Statistician on the production and dissemination of Scottish devolved statistics (as that term is defined in section 66(1) of the Statistics and Registration Services Act 2007).

The ScotStat Board is invited to make recommendations and promote innovation with respect to any aspect of Scottish devolved statistics. This might include, but is not limited to:

• ensuring that Official Statistics have maximum impact in shaping public policy.
• identifying data gaps in emerging policy areas.
• promoting best practice around data collection and dissemination.
• informing the work of the Scottish Government’s internal Statistical Community Groups.

Timing and Review

The Board will meet around four times per year. The Board may choose to establish sub-groups which may meet additionally outside this timeline. Any matters which need to be decided on outside the schedule of meetings may be dealt with by correspondence.

A review of the Board will be conducted after the first 18 months to ensure that the remit and membership remain fit for purpose. Regular reviews of the Board will then take place at a schedule to be determined at a later stage.

Communications and Information Sharing

The Board is independent. Advice will be provided directly to the Chief Statistician. The Terms of Reference, minutes of meetings and any other outputs will be published. The Board retains an option to make other documentation and resources public where appropriate.

The Board is not subject to the Freedom of Information (Scotland) Act 2002 (FOISA) or the Environmental Information (Scotland) Regulations 2004 (EI(S)Rs) and will therefore not be required to respond to FOI requests. This is because the Board is not a Scottish public authority in terms of section 3(1) of FOISA or Regulation 2 of the EI(S)Rs.

Neither should information held by the Board be considered to be held by the Scottish Ministers for the purposes of FOISA and the EI(S)Rs. This is because it is clearly reflected within the Board remit and appointment letters that they are independent of the Scottish Ministers.

Any papers provided from the Board to the Chief Statistician or officials will become held by the Scottish Ministers for the purposes of FOISA. This means that the Scottish Government will provide copies of any e-mails, notes, initial or formative advice and communications to Scottish Government Ministers or officials in response to any request, unless exemptions under FOISA/exceptions under the EI(S)Rs apply to the particular information requested.

The Scottish Government can apply exemptions under FOISA to withhold certain information, for example if policy is still being formulated, but these may not be applicable for other types of information. Documents withheld for policy development reasons are likely to become appropriate for release in the future once policy in this area is fully formed.

The Scottish Government Secretariat will keep the Board's records in a separate electronic file with restricted access. This will clarify that, for the purposes of FOISA and the EI(S)Rs, the Scottish Government is holding these records only on behalf of the Board and not in its own right.

Information and papers sent to Board members are intended for viewing by those members only. They should not be shared with colleagues or third parties without authorisation from the Office of the Chief Statistician. Protocols will be developed for the distribution of information and papers.

Board discussions are confidential and not for sharing with third parties.

Accountability, Governance and Support

The Board is not established on a statutory basis. The Board is established by Ministers on the basis of common law powers. The board is accountable to Minsters and will report to the Chief Statistician (or their nominee).

Appointments to the board will be made on merit, in compliance with the Scottish Ministerial Code. Members are appointed by the Chief Statistician. Positions on the board will be publicly advertised to ensure a diverse membership. Individuals may be invited to join where the Chief Statistician has identified that they possess particular skills, expertise or experience of value and relevance to the Board. Appointments will be for an initial term of two years.

Participation in the Board will not be remunerated. Any expenses such as travel and subsistence will be paid at normal Scottish Government rates, unless this is already covered by attendee’s regular working arrangements.

Decision making will be as far as possible by consensus, or by majority if consensus is not reached, with the Chair(s) having a casting vote if necessary.

Members will agree to abide by the following norms:

• Attend the majority of meetings.
• Observe good time keeping.
• Take individual responsibility for engaging and completing tasks delegated to them.

Meetings will normally take place virtually. Although the Board is independent, suitable Scottish Government accommodation may be used if the Board chooses to meet in person.

Direct secretariat support will be provided by the Office of the Chief Statistician to organise meetings and prepare papers, such as agendas and minutes. In addition, the Board may request that the Chief Statistician provides the Board with the information it reasonably requires to fulfil its functions. The Chief Statistician will commission this information from within the statistics group in Scottish Government, where practicable.