LegalizeThe Welsh Language Standards (No. 2) Regulations 2016
Made: 9 February 2016
Coming into force: 16 February 2016
The Welsh Ministers, in exercise of the powers conferred upon them by sections 26, 27, 39 and 150(5) of the Welsh Language (Wales) Measure 2011[^f00001], having received the approval of the National Assembly for Wales in accordance with section 150(2) of that Measure, make the following Regulations:
Title, commencement, application and interpretation
1
- (1) The title of these Regulations is the Welsh Language Standards (No. 2) Regulations 2016.
- (2) These Regulations come into force on 16 February 2016.
- (3) These Regulations apply in relation to Wales.
- (4) In these Regulations—
- a “body” (“corff”) means a person listed in Schedule 6;
- an “individual” (“unigolyn”) means a member of the public;
- a “member of staff” (“aelod o staff”) means an employee of a body or an individual working for a body but not a person appointed to a body by the Welsh Ministers, a Minister of the Crown or Her Majesty (and “staff” (“staff”) must be construed accordingly).
- (5) In these Regulations—
- (a) references to any activity being carried out by a body, or to any service being provided by a body, are to be read as including a reference to that activity being carried out on the body’s behalf or to that service being provided on the body’s behalf by a third party under arrangements made between the third party and the body;
- (b) accordingly, unless a compliance notice provides to the contrary, a body will have failed to comply with a standard in respect of an activity or service it has arranged to be carried out or provided by a third party if that activity or service has not been carried out or provided in accordance with the standard.
Standards specified
2
- (1) In Schedule 1—
- (a) Part 1 specifies service delivery standards;
- (b) Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
- (c) Part 3 defines a number of words and expressions.
- (2) In Schedule 2—
- (a) Part 1 specifies policy making standards;
- (b) Part 2 defines a number of words and expressions.
- (3) In Schedule 3—
- (a) Part 1 specifies operational standards;
- (b) Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
- (c) Part 3 defines a number of words and expressions.
- (4) In Schedule 4—
- (a) Part 1 specifies record keeping standards;
- (b) Part 2 defines a number of words and expressions.
- (5) Schedule 5 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4 and, in particular—
- (a) Part 1 specifies service delivery standards that deal with supplementary matters;
- (b) Part 2 specifies policy making standards that deal with supplementary matters;
- (c) Part 3 specifies operational standards that deal with supplementary matters;
- (ch) Part 4 specifies record keeping standards that deal with supplementary matters;
- (d) Part 5 makes provision about interpreting the supplementary standards;
- (dd) Part 6 makes supplementary provision.
Standards that are specifically applicable
3
- (1) The Welsh Ministers authorize [^f00002] the Welsh Language Commissioner to give a compliance notice to the persons listed in Schedule 6 requiring them to comply with any of the standards specified under regulation 2.
- (2) But the Commissioner is not authorised to give a compliance notice to—
- (a) the Auditor General for Wales requiring him or her to comply with the following standards—
- (i) 94 to 140,
- (ii) 145 to 148,
- (iii) 161 to 166;
- (b) the Student Loans Company Limited requiring it to comply with the following standards—
- (i) 1 to 93,
- (ii) 144,
- (iii) 149 to 160.
SCHEDULE 1
PART 1 — THE STANDARDS
that you welcome receiving correspondence in Welsh, that you will respond to correspondence in Welsh, and that corresponding in Welsh will not lead to delay.
PART 2 — STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
| 22 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated). |
|---|---|
| Row | Column 1 Main standard |
| --- | --- |
| (1) | Replying to correspondence |
| (1) | Standard 1 |
| (2) | Corresponding with members of the same household |
| (2) | Standard 3 |
| (3) | Corresponding with several persons |
| (3) | Standard 4 |
| (4) | General standards relating to correspondence |
| (4) | Standard 5 |
| (5) | Raising awareness about corresponding in Welsh |
| (5) | Standard 7 |
| (6) | Receiving telephone calls |
| (6) | Standard 9 |
| (7) | Receiving telephone calls |
| (7) | Standard 10 or 11 |
| (8) | Raising awareness about telephone services in Welsh |
| (8) | Standard 14 |
| (9) | Meetings with one person |
| (9) | Standard 24 |
| (10) | Meetings with one person |
| (10) | Standard 24A or 24B |
| (11) | Meetings with more than one person |
| (11) | Standard 25 |
| (12) | Meetings with more than one person |
| (12) | Standard 25A, 25B, 25C, 25CH or 25D |
| (13) | Public meetings |
| (13) | Standard 26 |
| (14) | Public meetings |
| (14) | Standard 29 |
| (15) | Documents |
| (15) | Standard 36, 37, 38, 39, 40, 41, or 43 |
| (16) | Forms |
| (16) | Standard 46 |
| (17) | Websites |
| (17) | Standard 48, 49 or 50 |
| (18) | Signs |
| (18) | Standard 57 or 58 |
| (19) | Reception |
| (19) | Standard 60 |
| (20) | Reception |
| (20) | Standard 61 |
| (21) | Reception |
| (21) | Standard 62 |
| (22) | Raising awareness of Welsh-language services in a reception |
| (22) | Standard 63 |
| (23) | Grants |
| (23) | Standard 68 |
| (24) | Grants |
| (24) | Standard 69 or 70 |
| (25) | Contracts |
| (25) | Standard 73 |
| (26) | Contracts |
| (26) | Standard 74 or 75 |
PART 3 — INTERPRETING THE STANDARDS
but a body will not be treating the Welsh language less favourably than the English language by not publishing an invitation to tender in Welsh in the Official Journal of the European Union.
SCHEDULE 2 — Policy making Standards
PART 1 — THE STANDARDS
| 1 | Standards relating to considering the effects of a body’s policy decisions on the Welsh language |
|---|---|
| Standard 84: | When you formulate a new policy, or review or revise an existing policy, you must consider what effects, if any (whether positive or adverse), the policy decision would have on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 85: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would have positive effects, or increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 86: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 87: | When you publish a consultation document which relates to a policy decision, the document must consider, and seek views on, the effects (whether positive or adverse) that the policy decision under consideration would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 88: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would have positive effects, or increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 89: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 90: | You must produce and publish a policy on awarding grants (or, where appropriate, amend an existing policy) which requires you to take the following matters into account when you make decisions in relation to the awarding of a grant— what effects, if any (and whether positive or negative), the awarding of a grant would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how the decision could be taken or implemented (for example, by imposing conditions of grant) so that it would have positive effects, or increased positive effects, on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how the decision could be taken or implemented (for example, by imposing conditions of grant) so that it would not have adverse effects, or so that it would have decreased adverse effects on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; whether you need to ask the applicant for any additional information in order to assist you in assessing the effects of awarding a grant on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 91: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers what effects, if any (and whether positive or adverse), the policy decision under consideration would have on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 92: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would have a positive effects, or so that it would have increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 93: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
PART 2 — INTERPRETING THE STANDARDS
| 2 | In Part 1 of this Schedule a “policy decision” means any decision made by a body about the exercise of its functions or about the conduct of its business or other undertaking, and it includes, amongst other things (and as appropriate to the body), decisions about — the content of legislation; the exercise of statutory powers; the content of policy statements; strategies or strategic plans; internal structures and office locations; the recruitment or use of volunteers. |
|---|---|
| 3 | In Part 1 of this Schedule a reference to positive or adverse effects is a reference to such effects whether direct or indirect. |
SCHEDULE 3 — Operational standards
PART 1 — THE STANDARDS
and you must also inform each member of staff of that right.
PART 2 — STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
| 9 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row. |
|---|---|
| Row | Column 1 Main standard |
| --- | --- |
| (1) | Complaints procedures |
| (1) | Standard 108 |
| (2) | Complaints procedures |
| (2) | Standard 108A |
| (3) | Disciplining staff |
| (3) | Standard 112 |
| (4) | Disciplining staff |
| (4) | Standard 112A |
| (5) | Intranet |
| (5) | Standards 117, 118 or 119 |
| (6) | Recruitment and appointments |
| (6) | Standard 132 |
| (7) | Recruitment |
| (7) | Standard 133 |
| (8) | Internal signs |
| (8) | Standard 137 |
PART 3 — INTERPRETING THE STANDARDS
but it does not mean that the Welsh language material must appear on the same page as the English language material, or on a page that is likely to open before the corresponding English language version of a page.
SCHEDULE 4 — Record Keeping Standards
PART 1 — THE STANDARDS
| 1 | Standards relating to a body keeping records |
|---|---|
| Standard 141: | You must keep a record, in relation to each financial year, of the number of complaints you receive relating to your compliance with standards. |
| Standard 142: | You must keep a copy of any written complaint that you receive that relates to your compliance with the standards with which you are under a duty to comply. |
| Standard 143: | You must keep a copy of any written complaint that you receive that relates to the Welsh language (whether or not that complaint relates to the standards with which you are under a duty to comply). |
| Standard 144: | You must keep a record of the steps that you have taken in order to ensure compliance with the policy making standards with which you are under a duty to comply. |
| Standard 145: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 123), of the number of employees who have Welsh language skills at the end of each financial year and, where you have that information, you must keep a record of the skill level of those employees. |
| Standard 146: | You must keep a record, for each financial year of— the number of members of staff who attended training courses provided in Welsh (in accordance with standard 124), and if a Welsh version of a course was provided in accordance with standard 124, the percentage of the total number of staff attending the course who attended that version. |
| Standard 147: | You must keep a copy of every assessment that you carry out (in accordance with standard 132) in respect of the Welsh language skills that may be needed in relation to a new or vacant post. |
| Standard 148: | You must keep a record, in relation to each financial year, of the number of new and vacant posts which were categorised (in accordance with standard 132) as posts where— Welsh language skills are essential; Welsh language skills need to be learnt when appointed to the post; Welsh language skills are desirable; or Welsh language skills are not necessary. |
PART 2 — INTERPRETING THE STANDARDS
| 2 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
|---|---|
| 3 | For the purposes of standards 141, 145, 146 and 148 “financial year” means the body’s own financial year. |
SCHEDULE 5 — Standards which deal with Supplementary Matters
PART 1 — SERVICE DELIVERY STANDARDS
| 1 | A body publicising service delivery standards |
|---|---|
| Standard 149: | You must ensure that a document which records the service delivery standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 2 | A body publishing a complaints procedure |
| Standard 150: | You must— ensure that you have a complaints procedure that deals with the following matters— how you intend to deal with complaints relating to your compliance with the service delivery standards with which you are under a duty to comply, and how you will provide training for your staff in relation to dealing with those complaints, publish a document that records that procedure on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 3 | A body publishing arrangements for oversight, promotion etc. |
| Standard 151: | You must— ensure that you have arrangements for— overseeing the way you comply with the service delivery standards with which you are under a duty to comply, promoting the services that you offer in accordance with those standards, and facilitating the use of those services, publish a document that records those arrangements on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 4 | A body producing an annual report regarding service delivery standards |
| Standard 152: | 1 You must produce a report (an “annual report”), in Welsh, in relation to each financial year, which deals with the way in which you have complied with the service delivery standards with which you were under a duty to comply during that year. 2 The annual report must include the number of complaints that you received during that year which related to your compliance with the service delivery standards with which you were under a duty to comply. 3 You must publish the annual report no later than 6 months following the end of the financial year to which the report relates. 4 You must publicise the fact that you have published an annual report. 5 You must ensure that a current copy of your annual report is available— a on your website, and b in each of your offices that are open to the public. |
| 5 | A body publicising the way it intends to comply with service delivery standards |
| Standard 153: | You must publish a document on your website which explains how you intend to comply with the service delivery standards with which you are under a duty to comply. |
| 6 | A body providing information to the Welsh Language Commissioner |
| Standard 154: | You must provide any information requested by the Welsh Language Commissioner which relates to your compliance with the service delivery standards with which you are under a duty to comply. |
PART 2 — POLICY MAKING STANDARDS
| 7 | A body publicising policy making standards |
|---|---|
| Standard 155: | You must ensure that a document which records the policy making standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 8 | A body publishing a complaints procedure |
| Standard 156: | You must— ensure that you have a complaints procedure that deals with the following matters— how you intend to deal with complaints relating to your compliance with the policy making standards with which you are under a duty to comply, and how you will provide training for your staff in relation to dealing with those complaints, publish a document that records that procedure on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 9 | A body publishing arrangements for oversight |
| Standard 157: | You must— ensure that you have arrangements for overseeing the way you comply with the policy making standards with which you are under a duty to comply, publish a document that records those arrangements on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 10 | A body producing an annual report regarding policy making standards |
| Standard 158: | 1 You must produce a report (an “annual report”), in Welsh, in relation to each financial year, which deals with the way in which you have complied with the policy making standards with which you were under a duty to comply during that year. 2 The annual report must include the number of complaints you received during the year which related to your compliance with the policy making standards with which you were under a duty to comply. 3 You must publish the annual report no later than 6 months following the end of the financial year to which the report relates. 4 You must publicise the fact that you have published an annual report. 5 You must ensure that a current copy of your annual report is available— a on your website, and b in each of your offices that are open to the public. |
| 11 | A body publicising the way it intends to comply with policy making standards |
| Standard 159: | You must publish a document on your website which explains how you intend to comply with the policy making standards with which you are under a duty to comply. |
| 12 | A body providing information to the Welsh Language Commissioner |
| Standard 160: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the policy making standards with which you are under a duty to comply. |
PART 3 — OPERATIONAL STANDARDS
| 13 | A body publicising operational standards |
|---|---|
| Standard 161: | You must ensure that a document which records the operational standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 14 | A body publishing a complaints procedure |
| Standard 162: | You must— ensure that you have a complaints procedure that deals with the following matters— how you intend to deal with complaints relating to your compliance with the operational standards with which you are under a duty to comply, and how you will provide training for your staff in relation to dealing with those complaints, and publish a document that records that procedure on your intranet. |
| 15 | A body publishing oversight arrangements, promotion etc. |
| Standard 163: | You must— ensure that you have arrangements for— overseeing the way you comply with the operational standards with which you are under a duty to comply, promoting the services that you offer in accordance with those standards, and facilitating the use of those services, and publish a document that records that procedure on your intranet. |
| 16 | A body producing an annual report regarding operational standards |
| Standard 164: | 1 You must produce a report (an “annual report”), in Welsh, in relation to each financial year, which deals with the way in which you have complied with the operational standards with which you were under a duty to comply during that year. 2 The annual report must include the following information (where relevant, to the extent you are under a duty to comply with the standards referred to)— a the number of employees who have Welsh language skills at the end of the year in question (on the basis of the records you kept in accordance with standard 145); b the number of members of staff who attended training courses you offered in Welsh during the year (on the basis of the records you kept in accordance with standard 146); c if a Welsh version of a course was offered by you during that year, the percentage of the total number of staff attending the course who attended the Welsh version (on the basis of the records you kept in accordance with standard 146); ch the number of new and vacant posts that you advertised during the year which were categorised as posts where— i Welsh language skills were essential, ii Welsh language skills needed to be learnt when appointed to the post, iii Welsh language skills were desirable, or iv Welsh language skills were not necessary, (on the basis of the records you kept in accordance with standard 148); d the number of complaints that you received during that year which related to your compliance with the operational standards with which you were under a duty to comply. 3 You must publish the annual report no later than 6 months following the end of the financial year to which the report relates. 4 You must publicise the fact that you have published an annual report. 5 You must ensure that a current copy of your annual report is available— a on your website, and b in each of your offices that are open to the public. |
| 17 | A body publicising the way it intends to comply with operational standards |
| Standard 165: | You must publish a document on your website which explains how you intend to comply with the operational standards with which you are under a duty to comply. |
| 18 | A body providing information to the Welsh Language Commissioner |
| Standard 166: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the operational standards with which you are under a duty to comply. |
PART 4 — RECORD KEEPING STANDARDS
| 19 | A body publicising record keeping standards |
|---|---|
| Standard 167: | You must ensure that a document which records the record keeping standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 20 | A body providing information to the Welsh Language Commissioner |
| Standard 168: | You must provide any records you have kept in accordance with the record keeping standards with which you are under a duty to comply to the Welsh Language Commissioner, if the Commissioner asks for those records. |
PART 5 — INTERPRETING THE STANDARDS
| 21 | The standards specified in Parts 1 to 4 must be interpreted as follows. |
|---|---|
| 22 | For the purposes of standards 152, 158 and 164 “financial year” means the body’s own financial year. |
| 23 | For the purpose of the standards a requirement to produce or publish any written material in Welsh does not mean that material should be produced or published in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
PART 6 — SUPPLEMENTARY PROVISION
| 24 | Complaints procedures |
|---|---|
| 1 When a body is under a duty to comply with one or more of the following standards, it may— a comply with them in one complaints procedure; b revise an existing complaints procedure. 2 The standards are— i standard 150; ii standard 156; iii standard 162. | |
| 25 | Supervisory arrangements |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them in one set of supervisory arrangements. 2 The standards are— a standard 151; b standard 157; c standard 163. | |
| 26 | Annual reports |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them by including the necessary information in one annual report, to be called “Welsh Language Standards Annual Report”. 2 The standards are— a standard 152; b standard 158; c standard 164. | |
| 27 | Publicising the way in which a body intends to comply with standards |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them in one document. 2 The standards are— a standard 153; b standard 159; c standard 165. |
SCHEDULE 6
- The Arts Council of Wales (“Cyngor Celfyddydau Cymru”)
- The Auditor General for Wales (“Archwilydd Cyffredinol Cymru”)
- The Big Lottery Fund (“Y Gronfa Loteri Fawr”)
- Boundary Commission for Wales (“Comisiwn Ffiniau i Gymru”)
- The British Broadcasting Corporation (“Y Gorfforaeth Ddarlledu Brydeinig”)
- The Children’s Commissioner for Wales (“Comisiynydd Plant Cymru”)
- Colleges Wales Limited (“Colegau Cymru Cyfyngedig”)
- The Commission for Equality and Human Rights (“Comisiwn Cydraddoldeb a Hawliau Dynol”)
- The Commissioner for Older People in Wales (“Comisiynydd Pobl Hŷn Cymru”)
- The Democracy and Boundary Commission Cymru (“Comisiwn Democratiaeth a Ffiniau Cymru”)
- Her Majesty’s Chief Inspector of Education and Training in Wales (“Prif Arolygydd ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru”)
- The Electoral Commission (“Y Comisiwn Etholiadol”)
- “Future Generations Commissioner for Wales (“Comisiynydd Cenedlaethau’r Dyfodol Cymru”)
- The Information Commissioner’s Office (“Swyddfa’r Comisiynydd Gwybodaeth”)
- ...
- The Local Government Data Unit – Wales (“Uned Ddata Llywodraeth Leol – Cymru”)
- National Botanic Garden of Wales (“Gardd Fotaneg Genedlaethol Cymru”)
- The National Library of Wales (“Llyfrgell Genedlaethol Cymru”)
- The National Museum of Wales (“Amgueddfa Genedlaethol Cymru”)
- The National Theatre of Wales
- The Natural Resources Body for Wales (“Corff Adnoddau Naturiol Cymru”)
- NIACE
- The Office of Communications (“Y Swyddfa Gyfathrebiadau”)
- The Public Services Ombudsman for Wales (“Ombwdsmon Gwasanaethau Cyhoeddus Cymru”)
- “Qualifications Wales (“Cymwysterau Cymru”)
- The Quality Assurance Agency for Higher Education (“Asiantaeth Sicrwydd Ansawdd Addysg Uwch”)
- The Royal Commission on the Ancient and Historical Monuments of Wales (“Comisiwn Brenhinol Henebion Cymru”)
- Sianel 4 Cymru
- The Sports Council for Wales (“Cyngor Chwaraeon Cymru”)
- Student Loans Company Limited (“Cwmni Benthyciadau Myfyrwyr Cyfyngedig”)
- Theatr Genedlaethol Cymru
- “Trustees of the National Heritage Memorial Fund (“Ymddiriedolwyr Cronfa Goffa’r Dreftadaeth Genedlaethol”)
- The Wales Audit Office (“Swyddfa Archwilio Cymru”)
- Wales Council for Voluntary Action (“Cyngor Gweithredu Gwirfoddol Cymru”)
- Wales Millennium Centre (“Canolfan Mileniwm Cymru”)
- The Welsh Books Council (“Cyngor Llyfrau Cymru”)
- The Welsh Local Government Association (“Cymdeithas Llywodraeth Leol Cymru”)
- Welsh National Opera Limited (“Opera Cenedlaethol Cymru Cyfyngedig”)
Signed
Carwyn Jones — First Minister of Wales — 9 February 2016
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
The Welsh Language (Wales) Measure 2011 (nawm 1) (“the 2011 Measure”) makes provision for the specification of standards of conduct in relation to the Welsh language (“standards”). These replace the system of Welsh language schemes provided for by the Welsh Language Act 1993 (c. 38).
Section 26 of the 2011 Measure enables the Welsh Ministers to specify standards, and section 39 enables them to provide that a standard is specifically applicable to a person by authorising the Welsh Language Commissioner (“the Commissioner”) to give a notice to that person requiring compliance with the standard (a “compliance notice”).
These Regulations specify standards in relation to the conduct of 32 bodies listed in Schedule 6 to the Regulations (which are referred to in the Regulations as “bodies”).
The Regulations also authorise (subject to certain exceptions set out in regulation 3(2)) the Commissioner to give a compliance notice to those bodies, in relation to standards specified by the Regulations. Section 67 of the 2011 Measure provides that the Commissioner is not authorised to require a body to comply with a standard if, and to the extent that, the standard relates to broadcasting. However, broadcasting does not include any activity that is carried out in connection with broadcasting. The authorisation in regulation 3 must therefore be read in light of section 67.
In accordance with section 44 of the 2011 Measure, the Commissioner may (by way of a compliance notice) require a body to comply with one or more standards that are specifically applicable to it. To reflect that, the standards specified by the Regulations are expressed in the second person narrative, meaning that they are in “you must” form (where “you” means the relevant body in each case).
Using the flexibility provided by section 44 of the 2011 Measure the Commissioner may (if it is reasonable and proportionate, and the Commissioner wishes to do so) require a body to comply with one standard in some circumstances and another standard in other circumstances. For example, if a standard is specifically applicable to a body the Commissioner may require the body to comply with the standard in some circumstances but not others, or require it to comply with the standard only in some areas. Similarly if two or more standards relate to a specific conduct (for example, standards 8 to 11 in relation to answering telephone calls), the Commissioner may (by way of a compliance notice) require a body to comply with one of those standards only, or with different standards at different times, in different circumstances, or in different areas; as is appropriate for the body. The Commissioner is not, therefore, obliged to require every body to comply with every standard.
In accordance with section 46 of the 2011 Measure, the compliance notice given to a body must state the imposition day, or imposition days; meaning the day or days upon which the body becomes required to comply with a standard (or comply with a standard in a specific way). Using the flexibility provided for by section 46, the Commissioner may set an early imposition day for a body to comply with a standard (provided this is at least 6 months after the date on which the body was given the related compliance notice), or set an imposition day further in the future (for example in relation to more challenging standards).
Where a standard specified in these Regulations requires written material to be displayed or provided in Welsh, or for a service to be provided in Welsh, this does not mean that the material must be displayed or provided in Welsh only, or that the service must only be provided in Welsh (unless that is specifically stated).
Schedule 1to the Regulations specifies service delivery standards. Section 28 of the 2011 Measure provides that a “service delivery standard’ means a standard that relates to a service delivery activity, and is intended to promote or facilitate the use of the Welsh language, or to work towards ensuring that the Welsh language is treated no less favourably than the English language when that activity is carried out. A “service delivery activity” means a person delivering services to another person, or dealing with any other person in connection with delivering services to that other person, or to a third person.
Schedule 2to the Regulations specifies policy making standards. Section 29 of the 2011 Measure provides that a “policy making standard” means a standard that relates to a policy decision, and is intended to secure, or to contribute to securing, that the person making the policy decision considers one or more of the following—
what effects, if any, (whether positive or adverse) the policy decision would have on opportunities for people to use the Welsh language, or on treating the Welsh language no less favourably than the English language;
how the decision could be made so that the decision has positive effects, or increased positive effects, on opportunities for people to use the Welsh language, or on treating the Welsh language no less favourably than the English language;
how the decision could be made so that the decision does not have adverse effects, or has decreased adverse effects, on opportunities for other persons to use the Welsh language, or on treating the Welsh language no less favourably than the English language.
Schedule 3to the Regulations specifies operational standards. Section 30 of the 2011 Measure provides that an “operational standard” means a standard that relates to the functions, or a business or other undertaking (“relevant activities”) of a person (“A”), that is intended to promote or facilitate the use of the Welsh language—
by A in carrying out A’s relevant activities,
by A and another person in dealings between them in connection with A’s relevant activities, or
by a person other than A in carrying out activities for the purposes of, or in connection with, A’s relevant activities.
Schedule 4to the Regulations specifies record keeping standards. Section 32 of the 2011 Measure provides that a “record keeping standard” is a standard relating to the keeping of records about other specified standards, records about complaints concerning compliance with other specified standards, or records about other complaints concerning the Welsh language.
Schedule 5to the Regulations specifies standards that deal with supplementary matters. These are specific forms of service delivery standards, policy making standards, operational standards and record keeping standards that deal with the matters referred to in section 27(4) of the 2011 Measure (which are supplementary to the matters dealt with in Schedules 1 to 4).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Language Unit, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
Footnotes
[^f00001]: 2011 nawm 1.
[^f00002]: See section 67 of the Welsh Language (Wales) Measure 2011.
[^f00003]: 1993 c.38.
[^f00004]: 2006 c.32.
[^f00005]: 2004 c.36.
[^f00006]: 2000 c.36
[^f00007]: 1993 c.38.
[^f00008]: 2006 c.32.
Editorial notes
[^key-1988ca3ac0ed6bc4ea3f9e11ec76ea83]: Reg. 1 in force at 16.2.2016, see reg. 1(2)
[^key-2f05ca3883b8c5d36df3d414db6d5ead]: Reg. 2 in force at 16.2.2016, see reg. 1(2)
[^key-c80bc7b960a8aee0e5ef85a204e77938]: Reg. 3 in force at 16.2.2016, see reg. 1(2)
[^key-4deede17cb436e2420e6bb5e0322ed06]: Sch. 1 Pt. 1 in force at 16.2.2016, see reg. 1(2)
[^key-d815d72833fa8cf3361dc54e44b6e41d]: Sch. 1 Pt. 2 in force at 16.2.2016, see reg. 1(2)
[^key-9f7198f0aa8a8820fa945df0ca471581]: Sch. 1 Pt. 3 in force at 16.2.2016, see reg. 1(2)
[^key-7d5491e106bf22baa591bc54633a0337]: Sch. 2 Pt. 1 in force at 16.2.2016, see reg. 1(2)
[^key-2393c61e6c777195af59464a2cfed1d1]: Sch. 2 Pt. 2 in force at 16.2.2016, see reg. 1(2)
[^key-d2af7a36014a9e02accedcbb2a91ccc0]: Sch. 3 Pt. 1 in force at 16.2.2016, see reg. 1(2)
[^key-2bf8dc2a2830d335a29064229d17a108]: Sch. 3 Pt. 2 in force at 16.2.2016, see reg. 1(2)
[^key-41d6b1d43a031be97e7276e7cfba9cf9]: Sch. 3 Pt. 3 in force at 16.2.2016, see reg. 1(2)
[^key-cdd14ba1bf1cc515f5196e5c8cea2a5c]: Sch. 4 Pt. 1 in force at 16.2.2016, see reg. 1(2)
[^key-070f7a5a2a6773d61416d6b8556bae95]: Sch. 4 Pt. 2 in force at 16.2.2016, see reg. 1(2)
[^key-997377fc6afe3354a24a29f89935c04a]: Sch. 5 Pt. 1 in force at 16.2.2016, see reg. 1(2)
[^key-6f029bd08275a2123274c6daefc77306]: Sch. 5 Pt. 2 in force at 16.2.2016, see reg. 1(2)
[^key-9e47debdd41c1ac9559ce230fc899433]: Sch. 5 Pt. 3 in force at 16.2.2016, see reg. 1(2)
[^key-93987b956497b16ace39c3ebc030c80f]: Sch. 5 Pt. 4 in force at 16.2.2016, see reg. 1(2)
[^key-2e213dffb82df0208a4cfbe14be826b0]: Sch. 5 Pt. 5 in force at 16.2.2016, see reg. 1(2)
[^key-80c4a3ff0d992a23704e2cfed55785da]: Sch. 5 Pt. 6 in force at 16.2.2016, see reg. 1(2)
[^key-61ab41edcc1efb626ef88f7a8c5b2888]: Sch. 6 in force at 16.2.2016, see reg. 1(2)
[^key-02b3a7412fbb3e390890ee444d9d7a7f]: Words in Sch. 6 inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 72(1), 77(1) (with s. 72(2)); S.I. 2019/1096, reg. 2
[^key-428ef2d6205acc911a9bb07280814a22]: Words in Sch. 6 inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 55(a)
[^key-125a1d503812e69202840bcb4bd0e50e]: Words in Sch. 6 omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 55(b)
[^key-f503f3c7f576a87362ac8d7f22b282f0]: Words in Sch. 6 inserted (28.3.2025) by The Welsh Language Standards (No. 1, No. 2, No. 4, No. 6 and No. 7) Regulations (Amendment) Regulations 2025 (S.I. 2025/339), regs. 1(2), 3
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