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21 1993

STATISTICS ACT, 1993

PART III

Collection of Information

Forms.

23. —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 specify the date or period within which these completed forms, questionnaires and other records or the required information should be returned to the Central Statistics Office.

Invitation to provide information on a voluntary basis.

24. —(1) The Director General or an officer of statistics may invite any person or undertaking to—

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

(b) answer any questions,

(c) provide any information or records,

on a voluntary basis and any information so obtained shall be subject to the restrictions on use and prohibition on disclosure of information specified in sections 32 , 33 , 34 and 35 of this Act.

(2) Persons and undertakings may provide information and records, or copies thereof, which they may possess to the Director General or officers of statistics on invitation under the provisions of this Act notwithstanding anything contained in the Data Protection Act, 1988 .

Order by Taoiseach requiring provision of information.

25. —(1) The Taoiseach may prescribe by order a requirement on persons and undertakings to provide information under this Act, specifying, in particular—

(a) the general nature of the information required;

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

(c) the persons or undertakings, or classes of persons or undertakings, required to provide it.

(2) A separate order under subsection (1) of this section shall be made—

(a) for each separate commencement of a survey undertaken at intervals of more than twelve months;

(b) at least every five years for each continuing survey undertaken at intervals of twelve months or less.

Direction to provide information.

26. —(1) The Director General or an officer of statistics may, pursuant to a requirement made under section 25 of this Act, direct by the delivery of a notice any person—

(a) to complete and return a form, questionnaire or other record in accordance with any instructions contained therein or otherwise communicated to him,

(b) to answer questions asked of him by officers of statistics,

(c) to supply any record, copy of or extract from any record,

by a specified date or within a specified period.

(2) For the purposes of this section and section 27 of this Act a direction to provide information in compliance with a requirement made under section 25 of this Act 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 individual person in charge of premises — if a notice is delivered to the premises or to his office or residence without necessarily naming the person;

(c) in the case of a business undertaking — if a notice is delivered to the business or concern at any 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;

(d) in the case of an individual person in charge of any other undertaking — if a notice is delivered to his office or residence without necessarily naming the person.

Persons required to provide information.

27. —(1) Information requested by the Director General by delivery of a notice under section 26 of this Act or this section shall be provided in the case of—

(a) a particular person — by the person in question if currently resident in the State and if abroad by a spouse or relative resident in the person’s dwelling, or if deceased by the personal representative or next-of-kin of the deceased person’s estate who has possession of or access to the information;

(b) a person in charge of premises — by that person and, if the information is required in respect of persons resident, boarding, lodging or working in the premises, it shall be the duty of each such person to provide the required information to the person in charge;

(c) an undertaking — by any or all of the following persons who are in possession of or have access to the required information:

(i) proprietors, partners, directors, managers, liquidators, receivers and administrators of incorporated and unincorporated business undertakings;

(ii) the person in charge of any other undertaking.

(2) Where information which a person or undertaking claims to have provided in compliance with a direction made under section 26 of this Act is not in the possession of the Office, the Director General may by delivery of a further notice under that section direct the person or undertaking to provide the information by a specified date.

Issue and delivery of notices and other documents.

28. —(1) Any notice or record delivered by an officer of statistics shall, until the contrary is proved, be sufficient evidence that it has been duly issued and delivered by or on behalf of the Director General.

(2) The delivery of any notice or record may be effected by being delivered in person by an officer of statistics or by post or by other means of communication and if delivered by post it shall be deemed to have been received when in the ordinary course of post it would be delivered.

Right of access for statistical purposes.

29. —An officer of statistics may at all reasonable times, on production of his certificate of appointment if demanded, enter any premises for the purposes of—

(a) delivering a notice under section 26 of this Act, or

(b) delivering or collecting forms, questionnaires, records or information, or

(c) making any such inquiries as he is authorised to make under this Act.