LegalizeThe Welsh Language Standards (No. 5) Regulations 2016
Made: 15 March 2016
Coming into force: 22 March 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. 5) Regulations 2016.
- (2) These Regulations come into force on 22 March 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, an individual working for a body but not a person appointed to a body by a county council or county borough council, the Welsh Ministers, a Minister of the Crown or Her Majesty (and “staff” (“staff”) must be construed accordingly).
- (5) For the purposes of these Regulations references to an employee of a body includes a constable, a special constable and a police cadet working for a body.
- (6) 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.
- (7) Nothing in these Regulations requires a body to comply with a standard in respect of an activity carried out by it or a service provided by it where it is carrying out that activity or providing that service on behalf of a third party under arrangements made between it and the third party.
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
The Welsh Ministers authorise 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 and Schedules 1 to 5.
Amendment to the Welsh Language Standards (No. 1) Regulations 2015
4
- (1) The Welsh Language Standards (No. 1) Regulations 2015[^f00002] are amended in accordance with paragraph (2).
- (2) In Part 3 of Schedule 1 after paragraph 24 insert—
| 24A | A body is not required to comply with any of the standards in respect of an activity or a service where that activity is carried out or that service is provided as a result of an order under section 98 of the Marine and Coastal Access Act 2009[^f00003]. |
|---|---|
SCHEDULE 1 — Service delivery standards
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
| 23 | 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). |
|---|---|
| Column 1 | |
| --- | --- |
| Row | 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) | Interviews with one person |
| (13) | Standard 26 |
| (14) | Interviews with one person |
| (14) | Standard 26A or 26B |
| (15) | Interviews with more than one person |
| (15) | Standard 27 |
| (16) | Interviews with more than one person |
| (16) | Standard 27A or 27B |
| (17) | Public Meetings |
| (17) | Standard 28 |
| (18) | Public Meetings |
| (18) | Standard 31 |
| (19) | Documents |
| (19) | Standards 38, 39, 40, 41, 42, 43, or 45 |
| (20) | Forms |
| (20) | Standard 48 |
| (21) | Websites Standard 49, 50 or 51 |
| (21) | |
| (22) | Signs |
| (22) | Standard 58 or 59 |
| (23) | Reception |
| (23) | Standard 61 |
| (24) | Reception |
| (24) | Standard 62 |
| (25) | Reception |
| (25) | Standard 63 |
| (26) | Raising awareness of Welsh-language services in a reception |
| (26) | Standard 64 |
| (27) | Grants |
| (27) | Standard 69 |
| (28) | Grants |
| (28) | Standard 70 or 71 |
| (29) | Contracts |
| (29) | Standard 74 |
| (30) | Contracts |
| (30) | Standard 75 or 76 |
PART 3 — INTERPRETING THE STANDARDS
but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching.
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 85: | 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 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 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 87: | 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 88: | 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 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 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 90: | 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 91: | 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 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 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 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 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 94: | 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
in Welsh; and if that is an employee’s wish, you must provide any such forms to him or to her in Welsh.
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. |
|---|---|
| Column 1 | |
| --- | --- |
| Row | Main standard |
| (1) | Complaints procedures |
| (1) | Standard 109 |
| (2) | Complaints procedures |
| (2) | Standard 109A |
| (3) | Disciplining staff |
| (3) | Standard 113 |
| (4) | Disciplining staff |
| (4) | Standard 113A |
| (5) | Intranet |
| (5) | Standards 118, 119 or 120 |
| (6) | Recruitment and appointments |
| (6) | Standard 134 |
| (7) | Recruitment |
| (7) | Standard 135 |
| (8) | Internal signs |
| (8) | Standard 139 |
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 143: | 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 144: | 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 145: | 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 146: | 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 147: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 124), 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 148: | 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 125), and if a Welsh version of a course was provided in accordance with standard 125, the percentage of the total number of staff attending the course who attended that version. |
| Standard 149: | You must keep a record of the number of members of staff who wear a badge (made available to them in accordance with standard 133) at the end of each financial year. |
| Standard 150: | You must keep a copy of every assessment that you carry out (in accordance with standard 134) in respect of the Welsh language skills that may be needed in relation to a new or vacant post. |
| Standard 151: | 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 134) 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 143, 147, 148, 149 and 151 “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 152: | 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 153: | 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 154: | 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 155: | 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 156: | 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 157: | 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 158: | 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 159: | 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 160: | 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 161: | 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 162: | 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 163: | 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 164: | 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 165: | 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 166: | 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 167: | 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 147); 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 148); 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 148); ch the number of members of staff who wear a badge at the end of the financial year (on the basis of records you kept in accordance with standard 149); d 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 151); dd 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 168: | 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 169: | 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 170: | 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 171: | 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 155, 161 and 167 “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— a standard 153; b standard 159; c standard 165. | |
| 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 154; b standard 160; c standard 166. | |
| 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 155; b standard 161; c standard 167. | |
| 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 156; b standard 162; c standard 168. |
SCHEDULE 6
- The British Transport Police Authority (“Awdurdod Heddlu Trafnidiaeth Prydain”)
- The Chief Constable of the British Transport Police (“Prif Gwnstabl yr Heddlu Trafnidiaeth Prydeinig”)
- The Chief Constable of the Civil Nuclear Constabulary (“Prif Gwnstabl y Gwnstabliaeth Niwclear Sifil”)
- The Chief Constable of Dyfed-Powys Police (“Prif Gwnstabl Heddlu Dyfed-Powys”)
- The Chief Constable of Gwent Police (“Prif Gwnstabl Heddlu Gwent”)
- The Chief Constable of North Wales Police (“Prif Gwnstabl Heddlu Gogledd Cymru”)
- The Chief Constable of South Wales Police (“Prif Gwnstabl Heddlu De Cymru”)
- The Civil Nuclear Police Authority (“Yr Awdurdod Heddlu Niwclear Sifil”)
- Independent Police Complaints Commission (“Comisiwn Cwynion Annibynnol yr Heddlu”)
- The Mid and West Wales Fire and Rescue Authority (“Awdurdod Tân ac Achub Canolbarth a Gorllewin Cymru”)
- The North Wales Fire and Rescue Authority (“Awdurdod Tân ac Achub Gogledd Cymru”)
- The Police and Crime Commissioner for Dyfed-Powys (“Comisiynydd Heddlu a Throseddu Dyfed-Powys”)
- The Police and Crime Commissioner for Gwent (“Comisiynydd Heddlu a Throseddu Gwent”)
- The Police and Crime Commissioner for North Wales (“Comisiynydd Heddlu a Throseddu Gogledd Cymru”)
- The Police and Crime Commissioner for South Wales (“Comisiynydd Heddlu a Throseddu De Cymru”)
- The South Wales Fire and Rescue Authority (“Awdurdod Tân ac Achub De Cymru”)
Signed
Carwyn Jones — First Minister of Wales — 15 March 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 the bodies listed in Schedule 6 to the Regulations (which are referred to in the Regulations as “bodies”). The bodies are:
- (i) the chief constables of the police forces that operate in Wales (the British Transport Police, the Civil Nuclear Constabulary, Dyfed-Powys Police, Gwent Police, North Wales Police and South Wales Police;
- (ii) the British Transport Police Authority;
- (iii) the Civil Nuclear Police Authority;
- (iv) the Police and Crime Commissioners for Dyfed-Powys, Gwent, North Wales and South Wales;
- (v) the Independent Police Complaints Commission;
- (vi) the Fire and Rescue Authorities (“FRA”) that operate in Wales (Mid and West Wales FRA, North Wales FRA and South Wales FRA).
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.
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 1 to 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 2 to 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—
- (a) 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;
- (b) 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;
- (c) 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 3 to 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—
- (a) by A in carrying out A’s relevant activities,
- (b) by A and another person in dealings between them in connection with A’s relevant activities, or
- (c) by a person other than A in carrying out activities for the purposes of, or in connection with, A’s relevant activities.
Schedule 4 to 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 5 to 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).
Regulation 4 of these Regulations makes an amendment to the Welsh Language Standards (No. 1) Regulations 2015 (S.I. 2015/996 (W. 68)) in order to make it clear that certain services and activities that are provided or carried out on behalf of the Welsh Ministers by certain bodies are not subject to the Welsh Ministers’ standards. Instead the standards made specifically applicable to the body that provides those services or carries out those activities will apply.
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]: S.I. 2015/996 (W. 68).
[^f00003]: 2009 c. 23.
[^f00004]: 1993 c. 38.
[^f00005]: 2006 c. 32.
[^f00006]: 2000 c. 36.
[^f00007]: 1984 c. 60.
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