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Welsh Language (Wales) Measure 2011

Type Measure of the Welsh Assembly

Publication 2026-03-30

Last updated 2026-04-24

State In force

Jurisdiction Wales

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(3) Subsection (1)—

(a) does not limit any power to make Tribunal Rules, or

(b) is not limited by anything in Tribunal Rules, except an express limitation.

(4) The Tribunal may direct that a party or witness is to be examined on oath or affirmation.

(5) The Tribunal may administer any oath, or take any affirmation, that is necessary for that purpose.

Staff and other resources

Staff, accommodation and other resources of Tribunal

127

(1) The Welsh Ministers must ensure that the Tribunal is provided with—

(a) staff,

(b) accommodation, and

that are appropriate for the Tribunal to exercise its functions.

(2) It is for the Welsh Ministers to determine what staff, accommodation and financial and other resources are appropriate for that purpose.

(3) The Welsh Ministers may satisfy the duty under subsection (1) by—

(a) providing staff, accommodation or other resources, or

(b) entering into arrangements with any other person for the provision of staff, accommodation or other resources.

(4) The Welsh Ministers may pay remuneration to the staff of the Tribunal.

(5) The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the staff of the Tribunal.

(6) The Welsh Ministers may pay—

(a) pensions to, or in respect of, persons who have been staff of the Tribunal, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been staff of the Tribunal.

Specially qualified advisers

128

(1) The President may appoint specially qualified advisers to provide assistance to the Tribunal (whether in relation to particular proceedings before the Tribunal or otherwise).

(2) The President may pay remuneration to specially qualified advisers.

(3) The President may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to specially qualified advisers.

(4) But the Welsh Ministers must approve the amount of any remuneration, allowances or gratuities payable to a specially qualified adviser before the President agrees to pay, or pays, the remuneration, allowances or gratuities.

Administrative matters

Seal

129

(1) The Tribunal is to have an official seal.

(2) purporting to be sealed with the official seal of the Tribunal is to be received in evidence in England and Wales without further proof.

(3) But subsection (2) does not apply if the document is shown not to be sealed with the official seal of the Tribunal.

Financial year

130

(1) The Tribunal's first financial year is the period that begins with the commencement day and ends with—

(a) the following 31 March (if the commencement day is 1 April), or

(b) the second following 31 March (if the commencement day is not 1 April).

(2) Subject to that, the Tribunal's financial year is the period of 12 months ending with 31 March.

(3) In this section “commencement day” means the day when section 120 comes into force.

Vacancy in the office of President

131

(1) This section applies if the office of President is vacant.

(2) The Welsh Ministers may appoint one or more of the legally-qualified members of the Tribunal to exercise any or all of the President's functions.

(3) If, or to the extent that, the President's functions are not exercisable by a legally-qualified member in accordance with subsection (2), the Welsh Ministers may exercise the functions.

(4) But the Welsh Ministers may not participate in determining any proceedings before the Tribunal.

Reports, reviews and performance

President's annual report

132

(1) As soon as practicable after the end of each financial year, the President must—

(a) produce a report on the Tribunal's exercise of its functions in that financial year, and

(b) lay a copy of the report before the National Assembly for Wales.

(c) The President must comply with any requirements of the National Assembly for Wales in relation to the form of the report and the laying of it.

Training etc for members of Tribunal

133

(1) The President must maintain appropriate arrangements for the training, guidance and welfare of members of the Tribunal.

(2) It is for the President to decide what arrangements are appropriate for that purpose.

PART 8 — GENERAL

CHAPTER 1 — INTEGRITY

Register of interests

134

(1) Each relevant office holder must create and maintain a register of interests.

(2) A relevant office holder's register of interests must include all of his or her registrable interests.

(3) A relevant office holder must produce his or her register of interests in Welsh and in English.

(4) A relevant office holder must keep his or her register of interests up to date.

(5) That includes, but is not limited to, a duty to include a registrable interest in the register of interests within 4 weeks of—

(a) the interest arising, or

(b) the relevant office holder becoming aware of the interest (if that occurs after the interest arises).

Publication of registers of interests

135

(1) The Commissioner must—

(a) ensure that a copy of the register of interests of each relevant office holder is available for inspection at the Commissioner's office, and

(b) ensure that copies of the register of interests of each relevant office holder are made available at such other places and by such other means (including by electronic means) as he or she thinks appropriate.

(2) The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of relevant office holders' registers of interests are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the registers.

(3) The Deputy Commissioner must give the Commissioner—

(a) such copies of the Deputy Commissioner's register of interests, and

(b) such other assistance,

as the Commissioner may require to enable him or her to comply with the duty under subsection (1).

Conflicts of interest

136

(1) A relevant office holder must not exercise a function if he or she has a registrable interest which relates to the exercise of the function.

(2) In a case where subsection (1) prevents the Commissioner from exercising a function, he or she must delegate that function (so far as necessary to enable that exercise of it to be carried out) to—

(a) the Deputy Commissioner, or

(b) another member of the Commissioner's staff.

(3) In a case where subsection (1) prevents the Deputy Commissioner from exercising a function, the Commissioner must make arrangements for the function to be exercised otherwise than by the Deputy Commissioner.

Validity of acts

137

The validity of an act of a relevant office holder is not affected by a failure to comply with any provision of, or made under, this Chapter.

Regulations

138

(1) The Welsh Ministers may, by regulations—

(a) specify what interests are registrable interests for the purposes of this Chapter, and

(b) make other provision for the purposes of this Chapter.

(2) Registrable interests may, among other things, include interests of persons with whom relevant office holders have a connection (whether familial, financial or of any other kind).

(3) In this section “interest” means an interest of any kind (including, but not limited to, financial interests, and all activities and occupations).

Interpretation of this Chapter

139

In this Chapter—

“registrable interest” (“buddiant cofrestradwy”) means a registrable interest specified in regulations made under section 138;

“relevant office holder” (“deiliad swydd perthnasol”) means—the Commissioner, orthe Deputy Commissioner.

CHAPTER 2 — DEFAMATION

Absolute privilege

140

(1) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of a matter by the Commissioner in the exercise of any of his or her functions;

(b) the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;

(d) the publication, in a communication between—

(i) the Commissioner, and

(ii) a protected person,

of a matter in connection with an inquiry or investigation;

(e) the publication, in a communication between—

(i) the complainant or a person acting on behalf of the complainant, and

(ii) a representative,

of a matter in connection with an investigation under Part 5 or Part 6.

(2) In this section a reference to the Commissioner includes the following persons—

(a) the members of the Commissioner's staff;

(b) any person acting on the Commissioner's behalf or assisting in the exercise of the Commissioner's functions.

Interpretation of this Chapter

141

In this Chapter—

“complainant” (“achwynydd”)\ means—in relation to an investigation under Part 5, the person (if any) referred to as “P” in section 93;in relation to an investigation under Part 6—the person referred to as “P” in section 111; andthe person referred to as “R” in section 111;

“inquiry” (“ymholiad”) means an inquiry under section 7;

“investigation” (“ymchwiliad”) means any of the following—a standards investigation under Chapter 8 of Part 4;an investigation under Part 5 (compliance with relevant requirements);an investigation under Part 6 (interference with the freedom to communicate in Welsh);

“protected person” (“person a ddiogelir”), in relation to an inquiry or investigation, means any of the following persons—a member of the Advisory Panel;a representative;a person who is the subject of the inquiry or investigation;a person with whom the Commissioner is communicating for the purpose of obtaining information in connection with an inquiry or investigation;the complainant;a person acting on behalf of a person falling within paragraph (c) to (e);

“representative” (“cynrychiolydd”) means any of the following persons—a member of a community council, county borough council or county council in Wales;a Member of the National Assembly for Wales;a Member of Parliament;a member of the House of Lords;a Member of the European Parliament.

CHAPTER 3 — RESTRICTIONS

Restrictions

142

(1) This Measure does not authorise or require the Commissioner to exercise a prescribed function which by virtue of an enactment is also exercisable by a prescribed person.

(2) In this section “prescribed” means prescribed in an order made for the purposes of this section by the Welsh Ministers.

PART 9 — WELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC

Abolition of Board and transfer of functions

143

(1) The Welsh Language Board is abolished.

(2) The functions conferred on the Board by section 3 of the 1993 Act are transferred to the Commissioner.

(3) But that is subject to any order under section 154 which provides for those functions to be transferred to the Welsh Ministers (whether instead of, or in addition to, the functions being transferred to the Commissioner).

(4) The functions conferred on the Board by Part 2 of the 1993 Act are transferred to the Commissioner.

(5) The following provisions of the 1993 Act are repealed—

(a) section 1;

(b) section 2;

(d) section 34(2);

(e) Schedule 1.

Abolition of Board's general functions and replacement of schemes with standards

144

(1) The functions conferred by section 3 of the 1993 Act (and transferred as mentioned in section 143) are abolished.

(2) Part 2 of the 1993 Act ceases to apply to a person if and when that person first becomes subject to the duty under section 25(1) of this Measure to comply with a standard.

(3) The following provisions of the 1993 Act are repealed—

(a) section 3;

(b) section 4(1).

Replacement of Welsh language schemes with standards

145

(1) The functions conferred on the Board by Part 2 of the 1993 Act (and transferred as mentioned in section 143) are abolished.

(2) The following provisions of the 1993 Act are repealed—

(a) Part 2;

(b) section 34(1) and (3).

Other provision

146

Schedule 12 contains other provision relating to the abolition of the Board.

Supplementary

147

(1) The Welsh Ministers' powers under other Parts of this Measure may be exercised for the purpose of bringing into force any provision of this Measure relating to the Commissioner so as to enable functions of the Board to be transferred to, and to be exercisable by, the Commissioner before any new function is exercisable by the Commissioner (whether or not any new function subsequently becomes exercisable whilst any transferred function remains exercisable).

(2) For that purpose “new function” means a function which is conferred on the Commissioner by a provision of any other Part of this Measure.

(3) This Part does not limit the Welsh Ministers' powers under other Parts of this Measure (and accordingly those powers may be used to make provision in addition to, or in place of, provision in this Part).

(4) In this section, references to the Welsh Ministers' powers under other Parts of this Measure include, but are not limited to, their powers under—

(a) section 154 (transitional and consequential provision etc), and

(b) section 156(2) (commencement).

(5) In this Part—

“1993 Act” (“Deddf 1993”) means the Welsh Language Act 1993;

“Board” (“y Bwrdd”) means the Welsh Language Board.

PART 10 — WELSH MINISTERS' WELSH LANGUAGE STRATEGY

Welsh Ministers to prepare an action plan

148

(1) Section 78 of the Government of Wales Act 2006 is amended as follows.

(2) After subsection (8), insert—

(9) For each financial year, the Welsh Ministers must publish a plan setting out how they will implement the proposals set out in the Welsh language strategy during that year. (10) The plan must be published as soon as reasonably practicable before the commencement of the financial year to which it relates.

The Welsh Language Partnership Council

149

(1) The Welsh Ministers must establish and maintain a body to be known as the Welsh Language Partnership Council (referred to in this section as “the Partnership Council”).

(2) The Partnership Council is to consist of—

(a) the Welsh Minister with responsibility for the Welsh language (who is to chair the Partnership Council), and

(b) members appointed by the Welsh Ministers from among—

(i) the Welsh Ministers,

(ii) the Deputy Welsh Ministers,

(iii) persons who appear to the Welsh Ministers to have experience of matters relating to the Welsh language, and

(iv) persons who appear to the Welsh Ministers to have experience relevant to any of the matters listed in subsection (6).

(3) The Welsh Ministers must, in exercising their power to appoint members of the Partnership Council under subsection (2)(b)(iii) and (iv), have regard to the fact that it is desirable for the Partnership Council's membership to reflect the varying extent to which the Welsh language is used by those living in Wales.

(4) The Partnership Council's procedure is to be regulated by standing orders, to be made by the Welsh Ministers following consultation with the Partnership Council.

(5) The standing orders may make provision about who is to chair the Partnership Council in the absence of the Welsh Minister with responsibility for the Welsh language.

(6) The Partnership Council may—

(a) give advice or make representations to the Welsh Ministers in relation to the Welsh language strategy adopted under section 78 of the Government of Wales Act 2006 (including the plan setting out how the Welsh Ministers will implement the proposals set out in the strategy), and

(b) do anything it considers appropriate for the purposes of giving that advice or making those representations.

PART 11 — SUPPLEMENTARY

Orders and regulations

150

(1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a) an order under section 20(4)(a) or (b) (application of section 20 to persons other than Public Services Ombudsman for Wales etc) that amends provision of primary legislation;

(b) an order under section 21(7) (amendment of definition of “ombudsman”);

(c) an order under section 21(8) (provision in connection with order under section 21(7)) that amends primary legislation;

(d) an order under section 22(10) (amendment of definition of “permitted person”);

(e) regulations under section 26(1) or (2) (specification of standards etc);

(f) an order under section 35 or 38 (amendment of Schedule 6 or 8), apart from an order containing provision under that section all of which is of the kind referred to in subsection (4);

(g) regulations under section 39 (standards that are specifically applicable);

(h) an order under section 42 (amendment of Schedule 9);

(i) regulations under section 68 (supply of information to Commissioner);

(j) an order under section 83(7) (alteration of maximum amount of civil penalty);

(k) an order under section 154 (transitional and consequential provision etc) that contains a provision amending, repealing or otherwise modifying an enactment (other than an enactment contained in subordinate legislation);

(l) regulations under paragraph 7(1) of Schedule 1 (provision about the appointment of the Commissioner);

(m) an order under paragraph 8(1) of Schedule 1 (exercise of Commissioner's functions by Welsh Ministers) that amends this Measure;

(n) an order under paragraph 1 of Schedule 5 (alteration of amount of public money specified in the Schedule 5 table).

(3) Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 156 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) The provision mentioned in subsection (2)(f) is provision amending a reference to a person in the person's entry in the Schedule 6 table or Schedule 8 table in consequence of a change in that person's name.

(5) Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—

(a) to make different provision for different cases, different purposes, or different geographical areas;

(b) to make provision generally or in relation to specific cases;

(c) to make such transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers think necessary or appropriate.

(6) The power of the Welsh Ministers under section 155(3) also includes, in the case of the commencement of the repeal of provision in the Welsh Language Act 1993, power to provide for different commencement for different jurisdictions.

(7) In this section “primary legislation” means an Act of Parliament or a Measure or Act of the Assembly.

Directions

151

Any direction given by the Welsh Ministers under this Measure—

(a) may be varied or revoked by a later direction;

(b) must be given in writing;

(d) may make different provision for different cases, different purposes or different geographical areas.

Notices etc

152

(1) This section applies in relation to notices and other documents required or authorised to be given under this Measure.

(2) A notice or document that is required or authorised to be given to the Commissioner may be given—

(a) by delivering it to the Commissioner,

(b) by sending it by post to the principal office of the Commissioner, or

(3) A notice or document may be given to the Commissioner by transmitting it electronically only if it has been transmitted in such manner as the Commissioner may require.

(4) A notice or document that the Commissioner is required or authorised to give to another person may be given—

(a) by delivering it to the person,

(b) by sending it by post to the person's last known address, or

(5) The Commissioner may give a notice or document to a person by transmitting it electronically only if the following requirements are met—

(a) the person to whom the notice or document is to be given must have—

(i) indicated to the Commissioner that person's willingness to receive the notice or document by transmission by electronic means, and

(ii) provided the Commissioner with an address suitable for that purpose, and

(b) the Commissioner must send the notice or document to the address provided by that person.

(6) A person may give, for the purposes of subsection (4), an indication of willingness to receive—

(a) notices or documents generally by transmission by electronic means, or

(b) notices or documents of particular descriptions by electronic means.

(7) This section does not exclude any method of giving or sending a notice or other document not expressly provided for by this section.

(8) A requirement of this Measure for a notice or document to be in writing does not prevent this section from applying in relation to it.

(9) A requirement for the Commissioner to give a notice or other document to a person does not apply if the Commissioner thinks that it is not practicable to give that notice or document to that person in accordance with subsection (4).

(10) The Welsh Ministers may by order make provision about the date upon which a notice or document is deemed to have been given.

Interpretation of this Measure

153

(1) In this Measure—

“Advisory Panel” (“Panel Cynghori”) means the Advisory Panel to the Welsh Language Commissioner (see Part 3);

“Commissioner” (“Comisiynydd”) means the Welsh Language Commissioner (see Part 2);

“Deputy Commissioner” (“Dirprwy Gomisiynydd”) means the Deputy Welsh Language Commissioner (see section 12);

“enactment” (“deddfiad”) includes an Assembly Measure, an Act of the Assembly, subordinate legislation and any future enactment;

“President” (“Llywydd”) means the President of the Welsh Language Tribunal (see Part 7);

“Tribunal” (“Tribiwnlys”) means the Welsh Language Tribunal (see Part 7);

“Tribunal Rules” (“Rheolau'r Tribiwnlys”) means Welsh Language Tribunal Rules (see Part 7).

(2) In this Measure references to the Commissioner's staff are to be construed in accordance with section 12(2).

Transitional and consequential provision etc

154

(1) The Welsh Ministers may, by order, make such transitional, transitory, consequential, saving, incidental and other provision as they think necessary or appropriate in connection with, or to give full effect to, this Measure.

(2) The provision that may be made under this section includes, but is not limited to, provision that amends, repeals or otherwise modifies an enactment.

Extent

155

(1) This Measure extends to England and Wales only.

(2) But that is subject to subsection (3).

(3) A repeal of a provision of the Welsh Language Act 1993 has the same extent as the provision repealed.

Commencement

156

(1) The following provisions come into force on the day on which this Measure is approved by Her Majesty in Council—

(a) Part 1;

(b) this Part.

(2) Subject to subsection (1), this Measure comes into force in accordance with provision made by the Welsh Ministers by order.

Short title

157

This Measure may be cited as the Welsh Language (Wales) Measure 2011.

SCHEDULE 1

PART 1 — STATUS ETC

Status

1

(1) The Commissioner is a corporation sole.

(2) The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(3) The Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.

(4) When exercising functions in relation to the Commissioner, the Welsh Ministers must have regard to the fact that it is desirable to ensure that the Commissioner is under as few constraints as reasonably possible in determining his or her—

(a) activities,

(b) timetables, and

Validity of acts

2

(1) The validity of an act of a person as Commissioner is not affected by a defect in the appointment of—

(a) that person, or

(b) any member of the Advisory Panel.

(2) The validity of an act of a person exercising functions of the Commissioner is not affected by a defect in the appointment of—

(a) that person,

(b) the Commissioner, or

PART 2 — APPOINTMENT

Appointment

3

(1) In appointing the Commissioner, the First Minister—

(a) must comply with appointment regulations (see paragraph 7),

(b) must take account of the recommendations made by the selection panel in relation to the appointment (see paragraph 7), and

(2) The First Minister may not appoint a person to be Commissioner if the person—

(a) is disqualified from being Commissioner on grounds of employment (see paragraph 13), or

(b) has already been appointed as Commissioner.

(3) The views which the First Minister may take into account under sub-paragraph (1)(c) include, but are not limited to, the views of—

(a) the National Assembly for Wales,

(b) committees of the National Assembly, and

Remuneration, allowances and pensions

4

(1) The Welsh Ministers may pay remuneration to the Commissioner.

(2) The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the Commissioner.

(3) The Welsh Ministers may pay—

(a) pensions to, or in respect of, persons who have been Commissioner, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been Commissioner.

Terms of appointment

5

(1) The Commissioner holds office subject to the terms of his or her appointment.

(2) But that is subject to the other provisions of this Schedule.

(3) The terms of the Commissioner's appointment must provide for him or her to hold office on a full-time basis.

Duration of appointment

6

(1) A person appointed as Commissioner holds the office (by virtue of that appointment) for 7 years.

(2) But that is subject to Part 3 of this Schedule.

Appointment regulations

7

(1) The Welsh Ministers must, by regulations, make provision about the appointment of the Commissioner (“appointment regulations”).

(2) Appointment regulations must make provision for the establishment of a panel of persons (a “selection panel”) who are to—

(a) interview candidates for appointment as Commissioner, and

(b) make recommendations to the First Minister in relation to the appointment.

(3) The provision that may be made in appointment regulations includes, but is not limited to, provision of the kind referred to in sub-paragraphs (4) to (7).

(4) Appointment regulations may make provision about principles to be followed in appointing the Commissioner.

(5) Appointment regulations may make provision about—

(a) the knowledge of, and proficiency in, the Welsh language, and

(b) the knowledge and experience of the matters in respect of which the Commissioner has functions,

which the Commissioner must have.

(6) Appointment regulations may—

(a) apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

(b) make other provision relating to any such code.

(7) Appointment regulations may confer functions on the Welsh Ministers or First Minister (as well as on any other person), including functions involving the exercise of a discretion.

Delegation of appointment functions etc

8

(1) The First Minister may, by order—

(a) provide for the Welsh Ministers to exercise—

(i) the First Minister's function of appointing the Commissioner, and

(ii) any or all of the First Minister's other functions that relate to the Commissioner, and

(b) make such other related provision as the First Minister thinks appropriate.

(2) The provision that may be made in an order under this paragraph includes, but is not limited to, provision amending or otherwise modifying this Measure.

PART 3 — END OF APPOINTMENT

Resignation

9

The Commissioner may resign from office if he or she gives the First Minister not less than 3 months' notice in writing of his or her intention to do so.

Disqualification

10

A person ceases to be Commissioner if the person is disqualified from being Commissioner on grounds of employment.

Dismissal

11

The First Minister may dismiss the Commissioner if the First Minister is satisfied that the Commissioner—

(a) is unfit to continue as Commissioner, or

(b) is unable or unwilling to exercise the Commissioner's functions.

Payments on ceasing to hold office

12

The Welsh Ministers may make a payment to a person who ceases to hold the office of Commissioner if it appears to the Welsh Ministers that there are special circumstances which make it right that the person should receive the payment in compensation.

PART 4 — DISQUALIFICATION FROM BEING COMMISSIONER

13

A person is disqualified from being Commissioner on grounds of employment if the person is—

(a) a Member of Parliament;

(b) a Member of the National Assembly for Wales;

(d) a member of the Tribunal;

(e) a member of the Advisory Panel;

(f) a person who is employed by, or advises, a person who is within Schedule 5 or Schedule 7;

(g) a member of the Commissioner's staff.

PART 5 — FINANCIAL MATTERS

Payments by the Welsh Ministers

14

The Welsh Ministers may pay the Commissioner such amounts, at such times and on such conditions (if any), as they think appropriate in respect of expenditure incurred in carrying out the functions of Commissioner.

Financial year

15

(1) The Commissioner's first financial year is the period that begins with the commencement day and ends with—

(a) the following 31 March (if the commencement day is 1 April), or

(b) the second following 31 March (if the commencement day is not 1 April).

(2) Subject to that, the Commissioner's financial year is the period of 12 months ending with 31 March.

(3) In this paragraph “commencement day” means the day when section 2 comes into force.

Accounting officer

16

(1) The Commissioner is the accounting officer for the office of the Commissioner.

(2) The accounting officer has, in relation to the accounts and the finances of the office of the Commissioner, the responsibilities which are from time to time specified by the Treasury.

(3) In this paragraph references to responsibilities include, amongst other things—

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Commissioner, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner are used.

(4) The responsibilities which may be specified under this paragraph include, amongst other things, responsibilities owed to—

(a) the National Assembly for Wales, the Welsh Ministers or the Public Accounts Committee of the National Assembly, or

(b) the House of Commons or the Committee of Public Accounts of that House.

(5) If requested to do so by the Committee of Public Accounts of the House of Commons (“the Parliamentary Committee”), the Public Accounts Committee of the National Assembly for Wales may—

(a) take evidence on behalf of the Parliamentary Committee from the accounting officer,

(b) report to the Parliamentary Committee on the evidence taken, and

(6) Section 13 of the National Audit Act 1983 (interpretation of references to the House of Commons Committee of Public Accounts) applies for the purposes of this Measure as it applies for the purposes of that Act.

(7) In this paragraph “office of the Commissioner” means the Commissioner and the Commissioner's staff.

Estimates

17

(1) For each financial year other than the first, the Commissioner must prepare an estimate of the income and expenses of the Commissioner's office.

(2) The Commissioner must submit the estimate to the Welsh Ministers at least five months before the beginning of the financial year to which it relates.

(3) The Welsh Ministers must examine an estimate submitted to them in accordance with this paragraph and must then lay the estimate before the National Assembly for Wales with the modifications (if any) they think appropriate.

(4) In sub-paragraph (1) “Commissioner's office” means the Commissioner and the Commissioner's staff.

Accounts

18

(1) The Commissioner must—

(a) keep proper accounting records, and

(b) prepare accounts in respect of each financial year in accordance with directions given, with the consent of the Treasury, by the Welsh Ministers.

(2) The directions which the Welsh Ministers may give under this paragraph include, amongst other things, directions as to—

(a) the information to be contained in the accounts and the manner in which the accounts are to be presented;

(b) the methods and principles in accordance with which the accounts are to be prepared;

Audit

19

(1) The Commissioner must submit the accounts prepared for a financial year to the Auditor General for Wales no later than 31 August in the following financial year.

(2) The Auditor General for Wales must—

(a) examine, certify and report on each set of accounts submitted under this paragraph, and

(b) no later than four months after the accounts are submitted, lay before the National Assembly for Wales a copy of them as certified by him or her together with his or her report on them.

(3) In examining accounts submitted under this paragraph, the Auditor General for Wales must, amongst other things, satisfy him or herself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Examinations into the use of resources

20

(1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging the Commissioner's functions.

(2) Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.

(3) In determining how to exercise the functions under this paragraph, the Auditor General for Wales must take into account the views of the Public Accounts Committee of the National Assembly for Wales as to the examinations which he or she should carry out.

(4) The Auditor General for Wales may lay before the National Assembly for Wales a report of the results of any examination carried out under this paragraph.

PART 6 — GENERAL

Interpretation

21

In this Schedule—

“appointment regulations” (“rheoliadau penodi”) means regulations made under paragraph 7;

“selection panel” (“panel dethol”) has the meaning given in paragraph 7.

SCHEDULE 2

Introduction

1

This Schedule applies to inquiries under section 7.

Terms of reference

2

Before conducting an inquiry, the Commissioner must prepare the terms of reference of the inquiry.

3

(1) This paragraph applies if the terms of reference relate to a particular person or category of person.

(2) The terms of reference must specify that person or category of person.

(3) Before settling the terms of reference, the Commissioner must—

(a) give each relevant person notice of the proposed terms,

(b) give each relevant person an opportunity to make representations about the proposed terms, and

(4) After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—

(a) publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and

(b) give notice of the terms of reference to—

(i) each relevant person, and

(ii) the Welsh Ministers.

(5) In this paragraph “relevant person” means—

(a) a person specified in the terms of reference of an inquiry, and

(b) in relation to a category of persons specified in the terms of reference of an inquiry, each person whom the Commissioner considers to fall within that category.

4

(1) This paragraph applies if the terms of reference do not relate to a particular person or category of person.

(2) The Commissioner must—

(a) publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and

(b) give notice of the terms of reference to the Welsh Ministers.

5

Paragraph 3 or 4 applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.

Representations

6

(1) The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.

(2) The arrangements must give the following persons an opportunity to make representations in the course of an inquiry—

(a) each person who—

(i) is specified in the terms of reference, or

(ii) falls within a category of person specified in the terms of reference, and

(b) the Welsh Ministers.

(3) Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.

7

(1) The Commissioner must consider representations made in relation to an inquiry by—

(a) a person who—

(i) is specified in the terms of reference, or

(ii) falls within a category of person specified in the terms of reference, or

(b) a legal adviser who is acting on behalf of a person falling within paragraph (a)(i) or (ii), or

(2) The Commissioner must consider representations made in relation to an inquiry by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.

(3) If the Commissioner refuses to consider representations made in relation to an inquiry, he or she must give the person who made the representations written notice of—

(a) the decision to refuse to consider the representations, and

(b) the reasons for the decision.

(4) In this paragraph “legal adviser” means—

(a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and

(b) an advocate or solicitor in Scotland.

Reports on inquiries

8

(1) The Commissioner must prepare a report of his or her findings on any inquiry.

(2) The report must not—

(a) identify a failure to comply with a relevant requirement (within the meaning of Part 5) by a person who is, or may be, identified by virtue of the report, or

(b) otherwise refer to the activities of a person who is, or may be, identified by virtue of the report, unless the Commissioner thinks that the reference—

(i) will not cause the person harm, or

(ii) is necessary for the report to adequately reflect the results of the inquiry (having regard to its terms of reference).

(3) The Commissioner must send a draft of the report to the Welsh Ministers.

(4) If the terms of reference specify a particular person or category of person, the Commissioner must also send a draft of the report to each relevant person.

(5) The Commissioner must—

(a) give the Welsh Ministers, and any other person to whom a draft of a report is sent, an opportunity to make representations about the draft report, and

(b) consider any representations made.

(6) After settling the report (having complied with sub-paragraph (5)), the Commissioner must publish it.

(7) This paragraph does not affect the application of the data protection legislation to the Commissioner.

(8) In this paragraph—

“the data protection legislation” (“y ddeddfwriaeth diogelu data”) has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“relevant person” has the same meaning as in paragraph 3.

SCHEDULE 3

Care Standards Act 2000

1

Amend the Care Standards Act 2000 as follows.

2

In section 75ZA (Children's Commissioner for Wales: working with the Commissioner for Older People in Wales)—

(a) in the title, for “the Commissioner for Older People in Wales” substitute “ other Commissioners ”;

(b) in subsection (1), after “Wales insert “ or the Welsh Language Commissioner ”;

(d) in subsection (3)—

(i) after “must” insert “ (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) ”;

(ii) in paragraphs (a) and (b), after “Wales” insert “ or the Welsh Language Commissioner ”;

(e) in subsection (4), after “Wales” insert “ or the Welsh Language Commissioner ”;

(f) in subsection (5)—

(i) after “must” insert “ (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) ”;

(ii) for “the Commissioner for Older People in Wales” substitute “ that Commissioner ”.

3

In section 76 (further functions) in subsection (5), after paragraph (b) insert—

(c) provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have exercised their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.

...

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commissioner for Older People (Wales) Act 2006

7

Amend the Commissioner for Older People (Wales) Act 2006 as follows.

8

In section 15 (reports following discharge of particular functions), in subsection (3), after paragraph (d) insert—

(e) provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have discharged their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.

9

In section 17 (working collaboratively with other ombudsmen)—

(a) in subsection (2), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;

(b) in subsection (3), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;

(c) in subsection (5), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;

(d) in subsection (6), after paragraph (b) insert—

(c) the Welsh Language Commissioner.

SCHEDULE 4

PART 1 — APPOINTMENT

Appointment

1

(1) In appointing a member of the Advisory Panel, the Welsh Ministers must comply with appointment regulations (see paragraph 5).

(2) The Welsh Ministers may not appoint a person to be a member of the Advisory Panel if the person is disqualified from being a member of the Advisory Panel on grounds of employment.

Remuneration, allowances and pensions

2

(1) The Welsh Ministers may pay remuneration to the members of the Advisory Panel.

(2) The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Advisory Panel.

(3) The Welsh Ministers may pay—

(a) pensions to, or in respect of, persons who have been members of the Advisory Panel, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Advisory Panel.

Terms of appointment

3

(1) A member of the Advisory Panel holds office subject to the terms of his or her appointment.

(2) But that is subject to the other provisions of this Schedule.

Duration of appointment

4

(1) A person appointed as a member of the Advisory Panel holds office (by virtue of that appointment) for 3 years.

(2) But that is subject to Part 2 of this Schedule.

Appointment regulations

5

(1) The Welsh Ministers must, by regulations, make provision about the appointment of members of the Advisory Panel (“appointment regulations”).

(2) The provision that may be made in appointment regulations includes, but is not limited to, provision of the kind referred to in sub-paragraphs (3) to (6).

(3) Appointment regulations may make provision about principles to be followed in appointing members of the Advisory Panel.

(4) Appointment regulations may make provision about—

(a) the knowledge of, and proficiency in, the Welsh language, and

(b) the knowledge and experience of—

(i) the matters in respect of which the Commissioner has functions, and

(ii) any other matters relevant to anything that falls to be done by the Commissioner,

which a member of the Advisory Panel must have.

(5) Appointment regulations may—

(a) apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

(b) make any other provision relating to any such code.

(6) Appointment regulations may confer functions on the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.

PART 2 — END OF APPOINTMENT

Resignation

6

A member of the Advisory Panel may resign from office if he or she gives the Welsh Ministers not less than 2 months' notice in writing of his or her intention to do so.

Disqualification from membership

7

A person ceases to be a member of the Advisory Panel if the person is disqualified from being a member of the Advisory Panel on grounds of employment.

Dismissal

8

(1) The Welsh Ministers may dismiss a member of the Advisory Panel if the Welsh Ministers are satisfied that the person—

(a) is unfit to continue as a member of the Advisory Panel, or

(b) is unable or unwilling to act as a member of the Advisory Panel.

(2) The Welsh Ministers must consult the Commissioner before dismissing a member of the Advisory Panel.

Payments on ceasing to hold office

9

The Welsh Ministers may make a payment to a person who ceases to be a member of the Advisory Panel if it appears to the Welsh Ministers that there are special circumstances which make it right that the person should receive the payment in compensation.

PART 3 — DISQUALIFICATION

Disqualification on grounds of employment

10

A person is disqualified from being a member of the Advisory Panel on grounds of employment if the person is—

(a) a Member of Parliament;

(b) a Member of the National Assembly for Wales;

(d) a member of the Commissioner's staff.

PART 4 — GENERAL

Interpretation

11

In this Schedule “appointment regulations” means regulations made under paragraph 5.

SCHEDULE 5

Entry (5): amendment by order

1

(1) The Welsh Ministers may, by order, amend entry (5) in the table by replacing the relevant amount with any other amount that is not less than £400,000.

(2) In sub-paragraph (1), “relevant amount” means the amount of public money that is for the time being specified in entry (5) in the table.

Entry (8): interpretation etc

2

For the purposes of entry (8) in the table—

(a) “consent”, in relation to a person, means consent in writing given to the Welsh Ministers by the person;

(b) consent may be withdrawn, but only with the agreement of the Welsh Ministers.

Interpretation

3

In this Schedule—

“public authority” (“awdurdod cyhoeddus”) means each public authority within the meaning of section 6 of the Human Rights Act 1998;

“public money” (“arian cyhoeddus”) means—moneys made available directly or indirectly by—the National Assembly for Wales;the Welsh Ministers;Parliament;Ministers of the Crown; ......moneys provided by virtue of any enactment.

SCHEDULE 6

Interpretation etc

1

The table has effect subject to the following provisions—

(a) the entry relating to government departments does not include anything that is within the entry relating to Ministers of the Crown;

(b) the entry relating to persons exercising functions on behalf of the Crown does not include any person that is within any other entry.

2

In this Schedule—

“Act” (“Deddf”) means an Act of Parliament or an Act of the National Assembly of Wales;

“Agricultural Land Tribunal (Wales)” (“Tribiwnlys Tir Amaethyddol Cymru”) means the agricultural land tribunal established for Wales by the Agricultural Land Tribunals (Areas) Order 1982;

“Community Health Council” (“Cyngor Iechyd Cymuned”) means a community health council established under section 182 of the National Health Service (Wales) Act 2006;

“Consumer Focus” (“Llais Defnyddwyr”) means the National Consumer Council established under section 1 of the Consumers, Estate Agents and Redress Act 2007;

“corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;

“Fire and Rescue Authority” (“Awdurdod Tân ac Achub”) means a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies;

“further education corporation” (“corfforaeth addysg bellach”) means a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992;

“governing body of a school” (“corff llywodraethu ysgolion”) means a governing body of a community, foundation or voluntary school or a community ... special school within the meaning of the School Standards and Framework Act 1998, as substituted by section 140(1) and paragraph 50 of Schedule 30 of the School Standards and Framework Act 1998;

“higher education corporation” (“corfforaeth addysg uwch”) means a higher education corporation established under section 121 or 122 of the Education Reform Act 1988;

“local authority joint board” (“cyd-fwrdd awdurdod lleol”) means a joint board of which the members are two or more of following—county councils,county borough councils, orcommunity councils;

“local authority joint committee” (“cyd-bwyllgor awdurdod lleol”) means a joint committee of two or more of following—county councils,county borough councils, orcommunity councils;

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a local health board established under section 11 of the National Health Service (Wales) Act 2006;

“Minister of the Crown” (“Gweinidog y Goron”) includes the Treasury;

“National Health Service Trust” (“Ymddiriedolaeth y Gwasanaeth Iechyd Gwladol”) means a National Health Service trust constituted under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

......

“provider of career services” (“darparwr gwasanaethau gyrfaoedd”) means a person with whom the Secretary of State for Wales has made arrangements (not being arrangements which have been terminated) under section 10 of the Employment and Training Act 1973 (provision of career services);

“Special Health Authority” (“Awdurdod Iechyd Arbennig”) means a special health authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006.

“Transport Focus” means the Passengers’ Council established under the Railways Act 2005;

SCHEDULE 7

Services provided in shops: exclusions

1

(1) The references in the table to “related services” do not include services provided in shops, unless those services are—

(a) post office counter services, or

(b) the sale of tickets or the provision of timetables for bus and railway services.

(2) For that purpose, the references in the table to related services are—

(a) in column (3) of each of rows (1) to (8) of the table, the references in each paragraph (b) to other services, and

(b) in columns (2) and (3) of row (9) of the table, the references to services which relate to any primary service.

Interpretation

2

In this Schedule—

“bus services” (“gwasanaethau bysiau”) means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—for which the whole capacity of the vehicle has been purchased by a charterer for the charterer's own use or for resale;which is a journey or trip organised privately by any person acting independently of the vehicle operator; oron which the passengers travel together on a journey, with or without breaks and whether or not on the same day, from one or more places to one or more places and back;

“postal services” (“gwasanaethau post” ) means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles;

“primary service” (“gwasanaeth sylfaenol”) means a service within paragraph (a) in column (3) of any of rows (1) to (8) in the table;

“public authority” (“diwrnod gosod yr awdurdod cyhoeddus”) means each public authority within the meaning of section 6 of the Human Rights Act 1998;

“public money” (“arian cyhoeddus”) means—moneys made available directly or indirectly by—the National Assembly for Wales;the Welsh Ministers;Parliament;Ministers of the Crown; ......moneys provided by virtue of any enactment;

“qualifying person” (“diwrnod gosod y person neilltuedig”) means a person who is not within Schedule 6;

“shop” (“siop”) means any premises where the sale of goods is the principal trade or business carried on;

“telecommunications service” (“gwasanaethau telathrebu”) means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television.

SCHEDULE 8

Interpretation

1

(1) Expressions used in this Schedule and in Schedule 7 (apart from “related service” and “primary service”) have the same meanings in this Schedule as in Schedule 7.

(2) But that is subject to the following provisions of this Schedule.

2

References to the provision of a service to the public include (but are not limited to)—

(a) provision of the service to the public in general or to particular members of the public, and

(b) provision of the service for any purpose (whether it is a domestic, business or other purpose).

Gas

3

In this Schedule—

“licensed gas supplier” (“cyflenwr nwy trwyddedig”) means the holder of a relevant gas licence;

“relevant gas licence” (“trwydded nwy berthnasol”) means a licence under section 7A of the Gas Act 1986.

Electricity

4

In this Schedule—

“licensed electricity supplier” (“cyflenwr trydan trwyddedig” ) means the holder of a relevant electricity licence;

“relevant electricity licence” (“trwydded drydan berthnasol”) means a licence under section 6(1)(d) of the Electricity Act 1989.

Postal services

5

In this Schedule “not for profit organisation” means a person or other body that—

(a) is not constituted for the purpose of making a profit, or

(b) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes.

Railways

6

In this Schedule “passenger railway services” includes (but is not limited to) passenger services provided on a narrow gauge or heritage railway.

7

In this Schedule the references to “related services” do not include services provided in shops, unless those services are—

(a) post office counter services, or

(b) the sale of tickets or the provision of timetables for bus and railway services.

SCHEDULE 9

These are the activities referred to in section 42(2)—

SCHEDULE 10

PART 1 — GENERAL

Introduction

1

This Schedule applies to investigations under section 71.

Terms of reference

2

(1) Before conducting an investigation, the Commissioner must prepare the terms of reference of the investigation.

(2) The terms of reference must specify—

(a) the person who is being investigated (“D”),

(b) the suspected failure to comply with a relevant requirement.

(3) Before settling the terms of reference, the Commissioner must—

(a) give notice of the proposed terms to—

(i) D, and

(ii) any other interested person,

(b) give each person who is given notice of the proposed terms an opportunity to make representations about the proposed terms, and

(4) After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—

(a) publish the terms of reference of the investigation in a manner that the Commissioner thinks is likely to bring the investigation to the attention of persons whom it concerns or who are likely to be interested in it, and

(b) give notice of the terms of reference to—

(i) D, and

(ii) any other interested person.

(5) This paragraph applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.

Representations

3

(1) The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to investigations.

(2) The arrangements must give the following persons an opportunity to make representations in the course of an investigation—

(a) D, and

(b) any other interested person.

(3) Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.

4

(1) The Commissioner must consider representations made in relation to an investigation by—

(a) D, or

(b) a legal adviser who is acting on behalf of D.

(2) The Commissioner must consider representations made in relation to an investigation by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.

(3) If the Commissioner refuses to consider representations made in relation to an investigation, he or she must give the person who made the representations written notice of—

(a) the decision to refuse to consider the representations, and

(b) the reasons for the decision.

(4) In this paragraph “legal adviser” means—

(a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), or

(b) an advocate or solicitor in Scotland.

PART 2 — INFORMATION, DOCUMENTS AND ORAL EVIDENCE

Evidence notices

5

(1) In the course of an investigation, the Commissioner may give a person (A) an evidence notice.

(2) In this Measure, “evidence notice” means a notice that requires A to do one or more of the following—

(a) to provide information in A's possession;

(b) to produce documents in A's possession;

(3) A notice under this paragraph may include provision about—

(a) the form of information, documents or evidence;

(b) the timing of anything to be done in accordance with the notice.

(4) A notice under this paragraph may not require A to do anything that A could not be compelled to do in proceedings before the High Court.

(5) A notice under this paragraph must inform A of—

(a) the consequences if A does not comply with the notice; and

(b) the right of appeal under paragraph 9.

6

(1) This paragraph applies if, in the course of an investigation, a person (B)—

(a) provides information,

(b) produces documents, or

(2) The Commissioner may, if he or she thinks fit, pay to B—

(a) sums in respect of expenses properly incurred by B, and

(b) allowances by way of compensation for loss of B's time.

(3) Any payment to B is to be made—

(a) in accordance with such scales as may be determined by the Commissioner, and

(b) subject to such conditions as may be determined by the Commissioner.

Confidentiality etc

7

A notice under paragraph 5—

(a) may not require a person to provide information that the person is prohibited from disclosing by virtue of an enactment, and

(b) may not require a person to do anything that the person could not be compelled to do in proceedings before the High Court.

8

(1) A must disregard a notice given under paragraph 5, and must notify the Commissioner that A is disregarding it, in so far as A thinks it would require A—

(a) to disclose sensitive information within the meaning of paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (Intelligence and Security Committee),

(b) to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commissioner),

(c) to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,

(d) to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), or

(e) to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security.

(2) In sub-paragraph (1) “intelligence service” means—

(a) the Security Service,

(b) the Secret Intelligence Service, and

(3) If A notifies the Commissioner under sub-paragraph (1) above—

(a) paragraphs 9 and 10 do not apply in relation to that part of the notice under paragraph 5 to which the notice under sub-paragraph (1) above relates,

(b) the Commissioner may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 for an order requiring the person to take such steps as may be specified in the order to comply with the notice,

(c) the following provisions of that Act are to apply in relation to proceedings under this paragraph as they apply in relation to proceedings under that Act (with any necessary modifications)—

(i) section 67(7), (8) and (10) to (12) (determination),

(ii) section 68 (procedure), and

(iii) section 69 (rules), and

(d) the tribunal established by section 65 of that Act must determine proceedings under this paragraph by considering the opinion of A in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.

(4) Where the Commissioner receives information or documents from or relating to an intelligence service in response to a notice under paragraph 5, the Commissioner must store and use the information or documents in accordance with any arrangements specified by the Secretary of State.

Appeals

9

A may apply to the Tribunal to have the notice under paragraph 5 cancelled on the grounds that a requirement imposed by the notice is—

(a) unnecessary having regard to the purpose of the investigation, or

(b) otherwise unreasonable or disproportionate.

10

A may apply to the Tribunal to have the notice under paragraph 5 cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which paragraph 8(1) applies.

Enforcement

11

(1) This paragraph applies where the Commissioner thinks that A—

(a) has failed without reasonable excuse to comply with a notice under paragraph 5, or

(b) is likely to fail without reasonable excuse to comply with a notice under paragraph 5.

(2) The Commissioner may apply to a county court for an order requiring A to take such steps as may be specified in the order to comply with the notice.

PART 3 — POWER OF ENTRY AND INSPECTION

Power of entry and inspection

12

(1) The Commissioner, or any person authorised by the Commissioner, may enter and inspect premises if the Commissioner or the authorised person thinks that the entry and inspection is necessary for the purposes of an investigation.

(2) But that is subject to sub-paragraphs (3) and (4).

(3) This paragraph does not authorise entry to—

(a) a dwelling, or

(b) premises that are not under the control of the person being investigated.

(4) This paragraph does not authorise entry to premises at a particular time if entry at that time is unreasonable.

SCHEDULE 11

PART 1 — NUMBER OF MEMBERS OF THE TRIBUNAL

Legally-qualified members

1

(1) The Welsh Ministers must from time to time determine the number of legally-qualified members which the Tribunal is to have.

(2) The Welsh Ministers must consult the President before determining that number.

(3) So far as it is practicable to do so, the Welsh Ministers must secure that the number of persons serving as legally-qualified members of the Tribunal is equal to the number determined under this paragraph.

Lay members

2

(1) The Welsh Ministers must from time to time determine the number of lay members which the Tribunal is to have.

(2) The Welsh Ministers must consult the President before determining that number.

(3) So far as it is practicable to do so, the Welsh Ministers must secure that the number of persons serving as lay members of the Tribunal is equal to the number determined under this paragraph.

PART 2 — APPOINTMENT

The President

3

(1) The Welsh Ministers may appoint a person to be President only if the person satisfies—

(a) the judicial-appointment eligibility condition on a 10-year basis, and

(b) any other conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be President if the person is—

(a) disqualified from membership of the Tribunal on grounds of employment or unsuitability, or

(b) disqualified from appointment as President on grounds of age, previous appointment or previous dismissal.

(3) Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 10-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).

Legally-qualified members

4

(1) The Welsh Ministers may appoint a person to be a legally-qualified member only if the person satisfies—

(a) the judicial-appointment eligibility condition on a 5-year basis,

(b) any other conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be a legally-qualified member if the person is—

(a) disqualified from membership of the Tribunal on grounds of employment or unsuitability, or

(b) disqualified from appointment as a legally-qualified member on grounds of age, previous appointment or previous dismissal.

(3) Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 5-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).

Lay members

5

(1) The Welsh Ministers may appoint a person to be a lay member only if the person satisfies any conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be a lay member if the person—

(a) is disqualified from membership of the Tribunal on grounds of employment or unsuitability,

(b) is disqualified from appointment as a lay member on grounds of age, previous appointment or previous dismissal, or

Remuneration etc

6

(1) The Welsh Ministers may pay remuneration to the members of the Tribunal.

(2) The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Tribunal.

(3) The Welsh Ministers may pay—

(a) pensions to, or in respect of, persons who have been members of the Tribunal, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Tribunal.

Terms of appointment

7

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