Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Welsh Language Standards (No. 6) Regulations 2017

Type Welsh-Statutory-Instrument

Publication 2017-02-01

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 1 February 2017

Coming into force: 7 February 2017

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. 6) Regulations 2017.

(2) These Regulations come into force on 7 February 2017.

(3) These Regulations apply in relation to Wales.

(4) In these Regulations—

a “body” (“corff”) means a person referred to in regulation 3;

an “individual” (“unigolyn”) means a member of the public or a student;

a “member of staff” (“aelod o staff”) means an employee of a body or an individual working for a body (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.

(6) 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—

(i) 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, and

(ii) a compliance notice must not require a body to comply with certain standards specified in Part 1 in certain circumstances if it has required the body to comply with certain other standards;

(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;

(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;

(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—

(1) Career Choices Dewis Gyrfa Limited requiring it to comply with the following standards specified under regulation 2 and the Schedules—

(a) 94 to 162;

(b) 169 to 182;

(2) Coleg Ceredigion, Coleg Sir Gâr, Further Education Corporations in Wales, Merthyr Tydfil College Limited, the governing body of Saint David’s Catholic College and WEA YMCA CC Cymru requiring them to comply with the following standards specified under regulation 2 and the Schedules—

(a) 1 to 136;

(b) 138 to 182;

(3) Aberystwyth University, Bangor University, Cardiff University, Higher Education Corporations in Wales, the Open University, the Royal Welsh College of Music and Drama Limited, Swansea University, the University of Wales and the University of Wales: Trinity St David requiring them to comply with the standards specified under regulation 2 and the Schedules;

(4) the Commission for Tertiary Education and Research requiring it to comply with the following standards specified under regulation 2 and the Schedules—

(a) 1 to 24B;

(b) 27 to 27D;

(ch) 61 to 91;

(d) 94 to 103;

(dd) 105 to 136;

(e) 138 to 182.

(5) Health Education and Improvement Wales requiring it to comply with standards 90 and 90A specified under regulation 2 and Schedule 1.

SCHEDULE 1 — Service Delivery Standards

PART 1 — THE STANDARDS

unless you conduct the meeting in Welsh without the assistance of a translation service.

PART 2 — STANDARDS THAT RELATE TO OTHER STANDARDS – SPECIAL CONDITIONS

27	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 Standard 1
(2)	Corresponding with members of the same household Standard 3
(3)	Corresponding with several persons Standard 4
(4)	General standards relating to correspondence Standard 5
(5)	Raising awareness about corresponding in Welsh Standard 7
(6)	Receiving telephone calls Standard 9
(7)	Receiving telephone calls Standard 10 or 11
(8)	Raising awareness about telephone services in Welsh Standard 14
(9)	Meetings with one person Standard 24
(10)	Meetings with one person Standard 24A or 24B
(11)	Meetings with one person Standard 26
(12)	Meetings with one person Standard 26A or 26B
(13)	Meetings with more than one person Standard 27
(14)	Meetings with more than one person Standard 27A, 27B, 27C, 27CH or 27D
(15)	Meetings with more than one person Standard 29
(16)	Meetings with more than one person Standard 29A or 29B
(17)	Public meetings Standard 30
(18)	Public meetings Standard 33
(19)	Public lectures Standard 40
(20)	Public lectures Standard 40A
(21)	Documents Standard 43, 44, 45, 46, 47, 48 or 50
(22)	Forms Standard 53
(23)	Websites Standard 55, 56 or 57
(24)	Signs Standard 65 or 66
(25)	Reception Standard 68
(26)	Reception Standard 69
(27)	Reception Standard 70
(28)	Raising awareness of Welsh-language services in a reception Standard 71
(29)	Grants and financial assistance Standard 76
(30)	Grants and financial assistance Standard 77 or 78
(31)	Contracts Standard 81
(32)	Contracts Standard 82 or 83
(33)	Written work in Welsh Standard 90
(34)	Written work in Welsh Standard 90A
(35)	Student accommodation Standard 92
(36)	Student accommodation Standard 92A
28	1 Paragraph 28(2) applies if a compliance notice requires a body to comply with one or more of the standards listed on a specific row in column 1 of Table 2 and with one or more of the standards listed on the same row in column 2. 2 If the compliance notice requires the body to comply with a standard listed in column 2 in respect of a meeting (or in respect of a meeting of a particular kind) the compliance notice must not require the body to comply with a standard listed on the same row in column 1 in respect of that meeting (or in respect of a meeting of that kind).
---	---
Row	Column 1
---	---
(1)	Meetings with one person Standard 23, 24, 24A or 24B
(2)	Meetings with more than one person Standard 27, 27A, 27B, 27C, 27CH or 27D

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 94:	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 95:	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 96:	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 97:	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 98:	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 99:	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 100:	You must produce and publish a policy on awarding grants or providing financial assistance (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 or providing financial assistance— what effects, if any (and whether positive or negative), the awarding of a grant or providing financial assistance 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 ) 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) 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 or providing financial assistance on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language.
Standard 101:	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 102:	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 103:	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.
Standard 104:	When you develop or revise a course (or any component of a course) you must consider— what effects, if any (and whether positive or negative), that course would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how that course 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 that course 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

and includes, amongst other things (and as appropriate to the body), decisions about —

(i) the content of legislation;

(ii) the exercise of statutory powers;

(iii) the content of policy statements;

(iv) strategies or strategic plans;

(v) internal structures;

(vi) office and building locations;

(vii) the recruitment or use of volunteers.

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

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