LegalizeThe Welsh Language Standards (No. 7) Regulations 2018
Made: 27 March 2018
Coming into force: 29 June 2018
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. 7) Regulations 2018.
- (2) These Regulations come into force on 29 June 2018.
- (3) These Regulations apply in relation to Wales.
- (4) In these Regulations—
- a “body” (“corff”) means a person listed in Schedule 6;
- a “care home service” (“gwasanaeth cartref gofal”) has the same meaning as in section 2(2) of, and paragraph 1 of Schedule 1 to, the Regulation and Inspection of Social Care (Wales) Act 2016[^f00002];
- a “case conference” (“cynhadledd achos”) means an interaction the main purpose of which is to discuss an individual’s (“A”) health related provision and is between—A,one or more bodies, andone or more persons where at least one of those persons is a county council or a county borough council in Wales;
- a “clinic” (“clinig”) is a surgery or consulting room in which—a clinical consultation; ora private clinical consultation;takes place;a “clinical consultation” (“ymgynghoriad clinigol”) means a health provision interaction between one or more individuals and a body;
- “health provision” (“darpariaeth iechyd”) means the provision of health services as part of the national health service to an individual and includes the assessment, diagnosis or treatment of that individual;
- “health related provision” (“darpariaeth sy’n ymwneud ag iechyd”) means provision of services to an individual which may have an effect on the health of that individual but which are not health provision or private health provision;
- a “hospital” (“ysbyty”) means—any institution for the reception and treatment of persons suffering from illness,any maternity home, andany institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
- and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;
- an “individual” (“unigolyn”) means a natural person ordinarily resident in Wales acting in their personal capacity; but does not include an individual acting in their capacity as a volunteer;
- an “in-patient” (“claf mewnol”) means an individual who is admitted to hospital for at least one night;
- an “in-patient admission” (“derbyniad fel claf mewnol”) begins on the day the in-patient is admitted to hospital and ends on the day the in-patient ceases to be in hospital;
- a “member of staff” (“aelod o staff”) means an employee of a body or a natural person working for a body but not a person appointed to a body by the Welsh Ministers, a Minister of the Crown, Secretary of State, a county council or county borough council or a voluntary organisation[^f00003] (and “staff” (“staff”) must be construed accordingly);
- “national health service” (“gwasanaeth iechyd gwladol”) means the comprehensive health service in Wales continued under section 1(1) of the National Health Service (Wales) Act 2006[^f00004];
- a “national health service clinic” (“clinig gwasanaeth iechyd gwladol”) means a clinic vested in the Welsh Ministers, a Local Health Board , a National Health Service Trust or a Special Health Authority;
- a “national health service hospital” (“ysbyty gwasanaeth iechyd gwladol”) means a hospital vested in the Welsh Ministers, a Local Health Board , a National Health Service Trust or a Special Health Authority;
- a “primary care provider” (“darparwr gofal sylfaenol”) means a person who provides a primary care service on behalf of a Local Health Board;
- a “primary care service” (“gwasanaeth gofal sylfaenol”) means a service provided under a contract, arrangement or agreement made under or by virtue of any of the following provisions of the National Health Service (Wales) Act 2006—section 41(2)(b) (primary medical services);section 42(1) (general medical services contracts);section 50 (arrangements by Local Health Boards for the provision of primary medical services);section 57(1) (general dental services contracts);section 64 (arrangements by Local Health Boards for the provision of primary dental services);(section 71 (arrangements for general ophthalmic services);section 80 (arrangements for pharmaceutical services);section 81 (additional pharmaceutical services);section 92 (pilot schemes);section 102 (local pharmaceutical services schemes);
- a “private clinic” (“clinig preifat”) means a clinic which is not a national health service clinic;
- a “private clinical consultation” (“ymgynghoriad clinigol preifat”) means a private health provision interaction between one or more individuals and a person;
- “private health provision” (“darpariaeth iechyd breifat”) means the provision of health services not as part of the national health service to an individual and includes the assessment, diagnosis or treatment of that individual; and
- a “private hospital” (“ysbyty preifat”) means a hospital which is not a national health service hospital.
- (5) Subject to paragraphs (7), (8), (9) and (10), 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 relation to 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, except in relation to—
- (a) a clinical consultation,
- (b) a case conference, or
- (c) an in-patient (when the in-patient is not attending a clinical consultation).
- (7) Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out on its behalf or a service provided on its behalf by a third party under arrangements made between it and the third party in relation to—
- (a) a clinical consultation,
- (b) a case conference, or
- (c) an in-patient (when the in-patient is not attending a clinical consultation).
- (8) Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where that activity is carried out or that service is provided on its behalf—
- (a) in a private hospital or private clinic in Wales,
- (b) on a private ward in a hospital in Wales, or
- (c) in a hospital or clinic located outside of Wales.
- (9) Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where that activity is carried out or that service is provided on its behalf by a primary care provider.
- (10) Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where the activity carried out or the service provided on its behalf is a care home service.
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 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.
- (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) In Schedule 5—
- (a) Part 1 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4;
- (b) Part 2 makes provision about interpreting the supplementary standards.
Standards that are specifically applicable
3
- (1) 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.
- (2) But the Commissioner is not authorised to give a compliance notice to—
- (a) National Health Service Trusts in Wales requiring them to comply with the following standards—
- (i) 65 to 68,
- (ii) 78 to 78A;
- (b) the Citizen Voice Body requiring it to comply with the following standards—
- (i) 23 to 25,
- (ii) 64 to 68,
- (iii) 78 to 78A,
- (iv) 110 and 110A.
Amendment of Welsh Language Standards (No. 4) Regulations 2016
4
- (1) In regulation 3 of the Welsh Language Standards (No. 4) Regulations 2016 (“the No. 4 Regulations”)[^f00005] for paragraph (2) substitute—
(2) But the Commissioner is not authorised to give a compliance notice to— (a) the Agricultural Land Tribunal (Wales), the Mental Health Review Tribunal for Wales, the Residential Property Tribunal Wales and the Special Educational Needs Tribunal for Wales requiring them to comply with the following standards— (i) 92 to 139, (ii) 144 to 148, (iii) 161 to 166; (b) Social Care Wales[^f00006] requiring it to comply with standard 60.
- (2) In Schedule 6 to the No. 4 Regulations in the appropriate place insert—
- Social Care Wales (“Gofal Cymdeithasol Cymru”)
SCHEDULE 1 — Service Delivery Standards
PART 1 — THE STANDARDS
You must state—
- (a) in correspondence, and
- (b) in publications and notices that invite persons to respond to you or to correspond with you,
any text displayed on the sign or notice must be displayed in Welsh (whether on the same sign or notice as you display corresponding English language text or on a separate sign or notice); and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text.
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). |
|---|---|
| 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 |
| (8) | Raising awareness about telephone services in Welsh |
| (8) | Standard 13 |
| (9) | Meetings with more than one person |
| (9) | Standard 22 |
| (10) | Meetings with more than one person |
| (10) | Standard 22A, 22B, 22C or 22CH |
| (11) | In-patients |
| (11) | Standard 23 |
| (12) | In-patients |
| (12) | Standard 23A |
| (13) | Public meetings |
| (13) | Standard 26 |
| (14) | Public meetings |
| (14) | Standard 29 |
| (15) | Documents and forms |
| (15) | Standard 36 or 37 |
| (16) | Websites |
| (16) | Standard 39, 40 or 41 |
| (17) | Signs and notices |
| (17) | Standard 47 or 48 |
| (18) | Reception |
| (18) | Standard 50 |
| (19) | Reception |
| (19) | Standard 51 |
| (20) | Raising awareness of Welsh-language services in a reception |
| (20) | Standard 52 |
| (21) | Grants |
| (21) | Standard 55 |
| (22) | Contracts |
| (22) | Standard 58 |
PART 3 — INTERPRETING THE STANDARDS
a person or body listed in Schedule 1 to the Civil Contingencies Act 2004[^f00009] (“the 2004 Act”) is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—
- (i) the first condition is that an emergency has occurred, is occurring or is about to occur;
- (ii) the second condition is that the activity being carried out or the service being provided by the person or body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency; and
- (iii) the third condition is that the need for the activity or the service referred to in paragraph (ii) is urgent.
- (2) The condition is that the person or body is undertaking an emergency drill.
- (3) In this paragraph, “emergency” has the same meaning given to it in section 1 of the 2004 Act subject to sub-paragraph (4).
- (4) If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(ii) is to be read as “the simulated emergency situation”.
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 69: | 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 70: | 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 71: | 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 72: | 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 73: | 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 74: | 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 75: | 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 76: | 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 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 77: | 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 78: | You must publish a policy on providing a primary care service which requires you to take the following into account when you make decisions in relation to providing a primary care service— what effects, if any (and whether positive or negative), the decision 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 decision could be taken or implemented 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; and how the decision could be taken or implemented 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 78A: | On the expiry of 5 years after publishing the policy in accordance with standard 78 (whether or not revisions have been made to that policy) and on the expiry of each subsequent period of 5 years you must — assess to what extent you have complied with the policy; and publish that assessment on your website within 6 months of the end of the period. |
PART 2 — STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
| 2 | 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) | Policy on a primary care service |
| (1) | Standard 78A |
PART 3 — INTERPRETING THE STANDARDS
| 3 | 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 exercise of statutory powers; the content of policy statements; strategies or strategic plans; internal structures and the recruitment or use of volunteers. |
|---|---|
| 4 | In Part 1 of this Schedule a reference to positive or adverse effects is a reference to such effects whether direct or indirect. |
| 5 | Standards 75 to 77 do not apply to the extent that the research commissioned or undertaken is or relates to medical research. |
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
| 10 | 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) | Intranet |
| (1) | Standards 90, 91 or 92 |
| (2) | Recruiting and appointing |
| (2) | Standard 106 |
| (3) | Recruiting and appointing |
| (3) | Standard 107 |
| (4) | Plan relating to clinical consultations |
| (4) | Standard 110 |
| (5) | Plan relating to clinical consultations |
| (5) | Standard 110A |
| (6) | Internal signs and notices |
| (6) | Standard 111 |
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 115: | 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 116: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 96), 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 117: | 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 106) 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 115, 116 and 117 “financial year” means the body’s own financial year. |
SCHEDULE 5 — Standards which deal with Supplementary Matters
PART 1 — STANDARDS
| 1 | A body publicising standards |
|---|---|
| Standard 118: | You must ensure that a document which records the 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. |
| 2 | A body publishing a complaints procedure |
| Standard 119: | You must— ensure that you have a complaints procedure that deals with how you intend to deal with complaints relating to your compliance with the standards with which you are under a duty to comply, and publish a document that records that procedure on your website. |
| 3 | A body producing an annual report regarding standards |
| Standard 120: | 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 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 complaints that you received during the year in question which related to compliance with the standards with which you were under a duty to comply (on the basis of the records you kept in accordance with standard 115); b 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 116); c the number (on the basis of the records you kept in accordance with standard 117) 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. 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 ensure that a current copy of your annual report is available on your website. |
| 4 | A body providing information to the Welsh Language Commissioner |
| Standard 121: | You must provide the Welsh Language Commissioner (if requested by the Commissioner) with any information which relates to your compliance with the service delivery standards, the policy making standards or the operational standards with which you are under a duty to comply. |
PART 2 — INTERPRETING THE STANDARDS
| 5 | The standards specified in Part 1 must be interpreted as follows. |
|---|---|
| 6 | For the purpose of standard 120, “financial year” means the body’s own financial year. |
| 7 | 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). |
SCHEDULE 6
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the Citizen Voice Body for Health and Social Care, Wales (“Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru”)
Local Health Boards (“Byrddau Iechyd Lleol”)
Signed
Eluned Morgan — Minister for Welsh Language and Lifelong Learning, under the authority of the Cabinet Secretary for Education, one of the Welsh Ministers — 27 March 2018
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 Local Health Boards, National Health Service Trusts in Wales, Community Health Councils and the Board of Community Health Councils in Wales (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. In relation to Social Care Wales the Regulations authorise the Commissioner to give that body a compliance notice in relation to standards specified in the Welsh Language Standards (No. 4) Regulations 2016 (S.I. 2016/405 (W. 125)).
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 10 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).
The Regulations require a body to comply with the standards—
- (a) whether it is carrying out the activity or providing the service; or
- (b) whether it is carried out or it is provided on its behalf by a third party under arrangements made between them.
However, in the case of an individual attending a clinical consultation or a case conference, or an individual who is an in-patient, it is the standards that apply to the third party carrying out the activity or providing the service on behalf of the body that apply. This means, for example, that if Cardiff and the Vale University Health Board carries out or provides a case conference on behalf of Betsi Cadwaladr University Health Board, then Cardiff and the Vale University Health Board’s standards would apply, not Betsi Cadwaladr University Health Board’s standards. It also means that if an individual is an in-patient at Cardiff and the Vale University Health Board’s hospital on behalf of Betsi Cadwaladr University Health Board, then Cardiff and the Vale University Health Board’s standards would apply, not Betsi Cadwaladr University Health Board’s standards.
Where the third party is a primary care provider, or where the service provided or the activity carried out on the body’s behalf is provided or carried out in a private hospital or private clinic in Wales, a private ward in a hospital in Wales or a hospital or clinic outside of Wales, then no standards apply. No standards apply when the service provided or the activity carried out on the body’s behalf is a care home service.
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 persons 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 persons 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 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]: 2016 anaw 2.
[^f00003]: See for example regulation 7 of the Community Health Councils (Constitution, Membership and Procedures)(Wales) Regulations 2010 ( S.I. 2010/288 (W. 37)) which relates to the appointment of members to Community Health Councils by voluntary organisations.
[^f00004]: 2006 c. 42.
[^f00005]: S.I. 2016/405 (W. 125).
[^f00006]: See section 67 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) which continued the Care Council for Wales in existence, but renamed it as Social Care Wales.
[^f00007]: 1993 c. 38.
[^f00008]: 2006 c. 32.
[^f00009]: 2004 c. 36.
[^f00010]: 1984 c. 22.
[^f00011]: 2000 c. 36.
[^f00012]: 1993 c. 38.
[^f00013]: 2006 c. 32.
Editorial notes
[^key-d221b34eb9818a1156c973210df076f0]: Reg. 1 in force at 29.6.2018, see reg. 1(2)
[^key-5a3aec954ce41a44ffb8bdee2695d47d]: Reg. 2 in force at 29.6.2018, see reg. 1(2)
[^key-4a94bc66d36bf7f2793698322cfd69c9]: Reg. 3 in force at 29.6.2018, see reg. 1(2)
[^key-28f77929a496100146db73ea1f492ff5]: Reg. 4 in force at 29.6.2018, see reg. 1(2)
[^key-ee21a61278b2ad1a8e3e483301b6b02b]: Sch. 1 Pt. 1 in force at 29.6.2018, see reg. 1(2)
[^key-ddbd806110b797b98888e9f61febcfff]: Sch. 1 Pt. 2 in force at 29.6.2018, see reg. 1(2)
[^key-c825bd8ebdaf2804730da794104c0bca]: Sch. 1 Pt. 3 in force at 29.6.2018, see reg. 1(2)
[^key-43bc26032d3327659866fa1e59c4cb80]: Sch. 2 Pt. 1 in force at 29.6.2018, see reg. 1(2)
[^key-ed09b319a11f8c024e8f627547c0a4f3]: Sch. 2 Pt. 2 in force at 29.6.2018, see reg. 1(2)
[^key-333f87a099719eecc63e70f47ab5bb80]: Sch. 2 Pt. 3 in force at 29.6.2018, see reg. 1(2)
[^key-080df2323f3eb77c91d6447e315ecb6d]: Sch. 3 Pt. 1 in force at 29.6.2018, see reg. 1(2)
[^key-d0f1759eb2dec072517c19bfb8dc86ec]: Sch. 3 Pt. 2 in force at 29.6.2018, see reg. 1(2)
[^key-0e5032a1bbcfef68ba80c91dfa66eb7d]: Sch. 3 Pt. 3 in force at 29.6.2018, see reg. 1(2)
[^key-165079e9f39831cee83af8ef5a84a4a2]: Sch. 4 Pt. 1 in force at 29.6.2018, see reg. 1(2)
[^key-f3125038e52cbe645bb4c1906554b995]: Sch. 4 Pt. 2 in force at 29.6.2018, see reg. 1(2)
[^key-f7a339e2d57e90ec01dddaea28db4416]: Sch. 5 Pt. 1 in force at 29.6.2018, see reg. 1(2)
[^key-e5750da6f888afbaadd4ae99f71be86f]: Sch. 5 Pt. 2 in force at 29.6.2018, see reg. 1(2)
[^key-c1615f7b25b8ee195b5d1bd12d65f792]: Sch. 6 in force at 29.6.2018, see reg. 1(2)
[^key-702759a881769127ebf1616c7f85839f]: Sch. 6 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(a); S.I. 2023/370, art. 3(1)(t)
[^key-d62c71bf2aa169c8683651f91176464d]: Sch. 6 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(b); S.I. 2023/370, art. 3(1)(t)
[^key-f9c217800ececb03aff6a028abb949f3]: Sch. 6 entry inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(c); S.I. 2023/370, art. 3(1)(t)
[^key-7ed23f08d580f0ce9c1fd8aa4c022eaf]: Words in reg. 3(2)(b) substituted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(2); S.I. 2023/370, art. 3(1)(t)
[^key-1277cf1983ddc446dc95b6199fc7dd99]: 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), 6(2)
[^key-17ee12b64727c0ece877d510f092b54d]: Words in reg. 1(4) substituted (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), 6(1)(a)
[^key-cb56ac0ce6f5cd5c7312713bbfc2c5f2]: Words in reg. 1(4) substituted (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), 6(1)(b)
National Health Service Trusts in Wales (“Ymddiriedolaethau Gwasanaeth Iechyd Gwladol yng Nghymru”)
Special Health Authorities (“Awdurdodau Iechyd Arbennig”)
Enwi, cychwyn, cymhwyso a dehongli
Safonau a bennir
Safonau sy’n benodol gymwys
Diwygio Rheoliadau Safonau’r Gymraeg (Rhif 4) 2016
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