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Welsh Language (Wales) Measure 2011

Type Measure of the Welsh Assembly

Publication 2026-03-30

Last updated 2026-04-24

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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(1) In this Measure “decision notice” means a notice that states the Commissioner's determination of whether or not D has failed to comply with the relevant requirement.

(2) Subsection (1) does not prevent a decision notice from including other matters (and certain provisions of this Part require a decision notice to include other matters in certain circumstances).

No failure to comply: Commissioner's options

No failure to comply with a relevant requirement

76

(1) This section applies if the Commissioner determines that D has not failed to comply with a relevant requirement.

(2) The Commissioner may—

(a) take no further action, or

(b) act under subsection (3).

(3) The Commissioner may do one or more of the following things—

(a) give D or any other person recommendations;

(b) give D or any other person advice.

(4) If the investigation that led to the determination follows a complaint under section 93, the relevant decision notice must inform the person who made the complaint of the right to appeal under section 99.

(5) This section is subject to section 85.

(6) In this section, “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to the person who made the complaint under section 93.

Failure to comply: Commissioner's options

Failure to comply with a relevant requirement

77

(1) This section applies if the Commissioner determines that D has failed to comply with a relevant requirement.

(2) The Commissioner may—

(a) take no further action,

(b) act under subsection (3), or

(3) The Commissioner may do one or more of the following things—

(a) require D to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

(b) require D to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

(d) require D to publicise the failure to comply with the relevant requirement;

(e) impose a civil penalty on D.

(4) The Commissioner may do one or more of the following things—

(a) give D or any other person recommendations;

(b) give D or any other person advice;

(c) seek to enter into a settlement agreement with D (see Chapter 2), but only if the relevant requirement is a duty to comply with a standard.

(5) If the Commissioner seeks to enter into a settlement agreement with D—

(a) D is not obliged to enter into such an agreement;

(b) if D declines to enter into a settlement agreement, the Commissioner may, but need not, exercise his or her powers under this section differently.

(6) If the Commissioner acts under subsection (3), subsections (2) and (3) do not prevent the Commissioner from also doing either or both of the following—

(a) giving D or any other person recommendations;

(b) giving D or any other person advice.

(7) This section is subject to section 85.

No imposed enforcement action

78

(1) This section applies if the Commissioner—

(a) determines that D has failed to comply with a relevant requirement, but

(b) decides—

(i) to take no further action, or

(ii) to act under section 77(4).

(2) The relevant decision notice must give the Commissioner's reasons for deciding—

(a) to take no further action, or

(b) to act under section 77(4) and not under section 77(3).

(3) This section is subject to section 85.

(4) In this section “relevant decision notice” means the notice which the Commissioner is required by section 73 to give to D.

Preventing continuation or repetition of D's failure

Requirement to prepare action plan or take steps

79

(1) This section applies if the Commissioner—

(a) determines that D has failed to comply with a relevant requirement, and

(b) decides to require D to do either or both of the following—

(i) to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement;

(ii) to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement.

(2) The relevant decision notice must set out what the Commissioner requires D to do.

(3) If the Commissioner requires D to prepare an action plan, the relevant decision notice must specify the period within which D must—

(a) produce a first draft plan, and

(b) give that draft to the Commissioner.

(4) The relevant decision notice must inform D of—

(a) the consequences if D does not comply with a requirement included in the notice by virtue of this section; and

(b) the right to appeal under section 95.

(5) This section is subject to section 85.

(6) In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.

Action plans

80

(1) This section applies if the Commissioner gives D a decision notice which requires D to prepare an action plan.

(2) D must give a first draft plan to the Commissioner within the period specified in the decision notice.

(3) After receiving a first draft plan from a person the Commissioner must—

(a) approve it, or

(b) give the person a notice which—

(i) states that the draft is not adequate,

(ii) requires the person to give the Commissioner a revised draft by a specified time, and

(iii) may make recommendations about the content of the revised draft.

(4) Subsection (3) applies in relation to a revised draft plan as it applies in relation to a first draft plan.

(5) An action plan comes into force—

(a) at the end of the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commissioner, if that period expires without the Commissioner—

(i) giving a notice under subsection (3)(b), or

(ii) applying for an order under subsection (6)(b), or

(b) upon a court's declining to make an order under subsection (6)(b) in relation to a revised draft of the plan.

(6) The Commissioner may apply to a county court—

(a) for an order requiring a person to give the Commissioner a first draft plan by a time specified in the order; or

(b) for an order requiring a person who has given the Commissioner a revised draft plan to prepare and give to the Commissioner a further revised draft plan—

(i) by a time specified in the order, and

(ii) in accordance with any directions about the plan's content specified in the order.

(7) An action plan may be varied by agreement between the Commissioner and the person who prepared it.

(8) Paragraphs 5 to 12 of Schedule 10 apply in relation to consideration by the Commissioner of the adequacy of a draft action plan as they apply in relation to the conduct of an investigation.

Publicising D's failure to comply

Publicising the failure to comply

81

(1) In this Measure, references to the Commissioner publicising D's failure to comply with the relevant requirement are to the Commissioner doing either or both of the following—

(a) publishing a statement that D has failed to comply with the relevant requirement;

(b) publishing the investigation report produced in relation to the investigation of D.

(2) In this Measure, references to D being required to publicise the failure to comply with the relevant requirement are to D being required to publicise any or all of the following—

(a) a statement that D has failed to comply with the relevant requirement;

(b) the investigation report produced in relation to the investigation of D;

Requiring the failure to comply to be publicised

82

(1) This section applies if the Commissioner—

(a) determines that D has failed to comply with a relevant requirement, and

(b) decides to do either or both of the following—

(i) publicise D's failure to comply with the relevant requirement;

(ii) require D to publicise the failure to comply with the relevant requirement.

(2) The relevant decision notice must set out what the Commissioner—

(a) is to do to publicise D's failure;

(b) requires D to do to publicise the failure.

(3) The relevant decision notice must inform D of—

(a) the consequences if D does not comply with a requirement included in the notice by virtue of this section; and

(b) the right to appeal under section 95.

(4) This section is subject to section 85.

(5) In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.

Civil penalties

83

(1) The Commissioner must have regard to the matters set out in subsection (2) when determining—

(a) whether to impose a civil penalty on any person, and

(b) the amount of any civil penalty.

(2) Those matters are—

(a) the seriousness of the matter in respect of which the civil penalty is to be imposed;

(b) the circumstances of the person on whom the civil penalty is to be imposed;

(c) the need to prevent the continuation or repetition of the matter in respect of which the civil penalty is to be imposed.

(3) Subsection (1) does not prevent the Commissioner from having regard to other matters.

(4) A civil penalty must not exceed £5,000.

(5) A civil penalty is recoverable by the Commissioner as a debt due to the Commissioner.

(6) The Commissioner must pay all civil penalties received by him or her into the Welsh Consolidated Fund.

(7) The Welsh Ministers may, by order, substitute a different amount for the amount that is specified for the time being in subsection (4).

(8) In this section “civil penalty” means any civil penalty that may be imposed by the Commissioner.

Imposition of civil penalty

84

(1) This section applies if the Commissioner—

(a) determines that D has failed to comply with a relevant requirement, and

(b) decides to impose a civil penalty on D.

(2) The relevant decision notice must—

(a) set out the civil penalty which the Commissioner has decided to impose;

(b) set out how the civil penalty may be paid;

(3) The relevant decision notice must also inform D of—

(a) the consequences if D does not pay the civil penalty; and

(b) the right to appeal under section 95.

(4) This section is subject to section 85.

(5) In this section “relevant decision notice” means the decision notice which the Commissioner is required by section 73 to give to D.

Consultation

Consultation before final determination etc

85

(1) This section applies if the Commissioner undertakes an investigation under section 71.

(2) Before finally determining whether or not D has failed to comply with the relevant requirement, the Commissioner must give each interested person notice of the determination which the Commissioner is proposing to make.

(3) Before finally deciding what, if any, further action to take, the Commissioner must give each interested person—

(a) notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner's reasons for proposing to do so;

(b) if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner's reasons for proposing to take that action; and

(4) Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.

(5) The Commissioner must—

(a) give D an opportunity to make representations about the proposals referred to in subsections (2), (3) and (4), and

(b) give any other interested person an opportunity to make representations about the proposals referred to in subsections (2) and (4).

(6) The Commissioner must have due regard to any representations made by D or any other interested person before the Commissioner does any thing to which the representations relate.

(7) The Commissioner is to determine the period within which a person may make representations in accordance with subsection (5); but the period must not be less than 28 days.

Consultation before final determination following an appeal

86

(1) This section applies if the Commissioner is directed, following an appeal under section 99 or 101, or following any further appeal, to determine under section 73 that D has failed to comply with a standard (the “new determination”).

(2) Before finally deciding what, if any further action to take based upon the new determination, the Commissioner must give each interested person—

(a) notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner's reasons for proposing to do so;

(b) if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner's reasons for proposing to take that action; and

(3) Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.

(4) The Commissioner must—

(a) give D an opportunity to make representations about the proposals referred to in subsections (2) and (3), and

(b) give any other interested person an opportunity to make representations about the proposals referred to in subsection (3).

(5) The Commissioner must have due regard to any representations made by D or any other interested person under subsection (4).

(6) The Commissioner is to determine the period within which a person may make representations in accordance with subsection (4); but the period must not be less than 28 days.

When enforcement action takes effect

87

(1) This section applies if the Commissioner gives D a decision notice setting out enforcement action which the Commissioner has decided to take in relation to a determination under section 73.

(2) D must—

(a) prepare an action plan or take steps, or

(b) publicise a failure to comply,

if, in accordance with section 79 or 82, the decision notice requires D to do so.

(3) D must pay a civil penalty set out in the decision notice in accordance with section 84.

(4) But subsections (2) and (3) apply only after the end of the 28 day period for making a relevant appeal.

(5) The Commissioner may publicise D's failure to comply with the relevant requirement only after the end of the 28 day period for making a relevant appeal.

(6) If a relevant appeal is made, subsections (2), (3) and (5) do not apply unless and until—

(a) that appeal, and any further appeal, has been disposed of, and

(b) a further appeal—

(i) may not be made, or

(ii) may be made only with the permission of the Tribunal or a court.

(7) In this section “relevant appeal” means an appeal to the Tribunal under section 95 in respect of the matters set out in the decision notice.

Enforcement by county court

Failure to comply with requirement to take steps

88

(1) This section applies if the Commissioner gives D a decision notice that requires D to take steps for the purpose of preventing the continuation or repetition of D's failure to comply with the relevant requirement.

(2) The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with the requirement in the decision notice.

(3) In this section “relevant period” means the period of 5 years beginning with the day when the decision notice is given.

Failure to comply with action plan

89

(1) This section applies if D has prepared an action plan in accordance with section 80.

(2) The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with the action plan.

(3) In this section “relevant period” means the period of 5 years beginning with the day when the action plan comes into force.

Failure to comply with requirement to publicise failure to comply

90

(1) This section applies if the Commissioner gives D a decision notice that requires D to take steps to publicise the failure to comply.

(2) The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with the requirement in the decision notice.

(3) In this section “relevant period” means the period of 5 years beginning with the day when the decision notice is given.

CHAPTER 2 — SETTLEMENT AGREEMENTS

Settlement agreements

91

(1) A reference to a settlement agreement between the Commissioner and a person (D) in relation to D's failure to comply with a standard (the “relevant failure”) is a reference to an agreement which contains—

(a) an undertaking by D to do one or more of the following—

(i) not to fail to comply with one or more standards;

(ii) to take particular action (which may include, but is not limited to, the preparation of a plan of steps to be taken);

(iii) to refrain from taking particular action; and

(b) an undertaking by the Commissioner not to take enforcement action in respect of the relevant failure.

(2) A settlement agreement—

(a) may include incidental or supplemental provision (which may include, but is not limited to, provision for termination in specified circumstances), and

(b) may be varied or terminated by agreement of the Commissioner and D.

(3) D is not to be taken to have admitted the relevant failure by reason only of entering into a settlement agreement.

(4) Subsection (1) applies for the purposes of this Measure.

Failure to comply with settlement agreement

92

(1) The Commissioner may, during the relevant period, apply to a county court for an order requiring D to comply with a settlement agreement.

(2) In this section “relevant period” means the period of 5 years beginning with the day when the settlement agreement is entered into.

CHAPTER 3 — NON-COMPLIANCE WITH STANDARDS: COMPLAINTS BY PERSONS AFFECTED

Consideration of whether to investigate if conduct complained about

93

(1) The Commissioner must consider whether to carry out an investigation under section 71 of whether the conduct of a person (D) (“the alleged conduct”) amounts to a failure to comply with a standard if—

(a) a person (P) makes a complaint to the Commissioner about that conduct, and

(b) that complaint is valid.

(2) A complaint made by P to the Commissioner is a valid complaint if the conditions in subsections (3) to (6) are met.

(3) P must be—

(a) a person who appears to the Commissioner to have been directly affected by the alleged conduct, or

(b) a person acting on behalf of such a person.

(4) The complaint must be made in writing, unless P's personal circumstances are such that it would not be reasonable for P to make the complaint in writing.

(5) The complaint must give an address at which the Commissioner may contact P (whether the address is postal, electronic or of another description).

(6) The complaint must identify—

(a) D, and

(b) the alleged conduct.

(7) But, if those conditions are met, the Commissioner need not consider whether to carry out the investigation of the alleged conduct if—

(a) the complaint is made more than 1 year after the affected person became aware of the alleged conduct,

(b) the Commissioner considers that the complaint is frivolous or vexatious or is one that has already been made repeatedly, or

(8) This section does not prevent the Commissioner from considering whether to carry out the investigation of the alleged conduct if—

(a) any of the conditions in subsections (3) to (6) is not met, or

(b) subsection (7) applies.

(9) If a complaint is made under this section by a person acting on behalf of another person, in the provisions of this Measure which relate to appeals or further appeals connected with the complaint, a reference to the person who made the complaint (including a case where that person is referred to as “P”) is to be read as a reference to the other person (and not as a reference to the person who made the complaint).

(10) In this section “affected person” means the person who appears to the Commissioner to have been directly affected by the alleged conduct.

Notification if no investigation etc

94

(1) This section applies in any of the following cases.

(2) The first case is where—

(a) the duty under section 93 to consider whether to carry out an investigation of the alleged conduct applies, and

(b) the Commissioner decides not to carry out an investigation.

(3) The second case is where—

(a) section 93(7) applies in relation to a complaint, and

(b) the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct.

(4) The third case is where the Commissioner decides that the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply.

(5) The fourth case is where—

(a) the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply, and

(b) the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct under section 93(8) or, having considered whether to carry out an investigation under that section, decides not to carry out the investigation.

(6) The fifth case is where—

(a) the Commissioner decides to carry out an investigation, and

(b) the Commissioner then decides to discontinue the investigation.

(7) The Commissioner must notify P of—

(a) the decision mentioned in subsection (2)(b), (3)(b), (4), (5)(b) or (6)(b), and

(b) the reasons for that decision, and

CHAPTER 4 — APPEALS

Appeals to the Tribunal

95

(1) This section applies if the Commissioner—

(a) undertakes an investigation under section 71, and

(b) determines that D has failed to comply with a relevant requirement.

(2) D may appeal to the Tribunal on the grounds that D did not fail to comply with the relevant requirement.

(3) But D may not appeal to the Tribunal under subsection (2) if the Commissioner has been directed, following an appeal under section 99 or 101, or any further appeal, to determine that D did fail to comply with the relevant requirement.

(4) If the Commissioner takes enforcement action in connection with D's failure to comply with the relevant requirement, D may appeal to the Tribunal on the grounds that the enforcement action is unreasonable or disproportionate.

(5) An appeal under this section must be made before the end of the relevant 28 day period.

(6) But the Tribunal may, on a written application by D, allow an appeal to be made after the end of the relevant 28 day period if the Tribunal is satisfied that there is a good reason—

(a) for the failure to appeal before the end of that period, and

(b) if there has been any delay in applying for permission to appeal out of time, for that delay.

(7) An application under subsection (6) may be made before or after the end of the relevant 28 day period.

(8) D may appeal under subsection (4) whether or not D also appeals under subsection (2).

(9) This section is subject to Tribunal Rules (which may, amongst other things, make provision about the manner in which appeals under this section may be brought).

(10) In this Chapter “relevant 28 day period” means the period of 28 days beginning with the day on which the Commissioner gives D the decision notice in relation to the investigation.

Powers of Tribunal on appeal

96

(1) On an appeal under section 95(2), the Tribunal may—

(a) affirm the Commissioner's determination, or

(b) annul the Commissioner's determination.

(2) On an appeal under section 95(4), the Tribunal may—

(a) affirm the enforcement action,

(b) vary the enforcement action (including, but not limited to, by taking enforcement action of a different kind), or

(3) The Tribunal must notify D and the Commissioner of its decision on an appeal under section 95.

(4) Any decision of the Tribunal on an appeal under section 95 has the same effect, and may be enforced in the same manner, as a determination of the Commissioner.

Appeals from Tribunal

97

(1) This section applies if the Tribunal has decided an appeal under section 95.

(2) The Commissioner or D may, with the permission of the Tribunal or High Court, appeal to the High Court on a question of law arising out of the decision.

(3) If the High Court find that the Tribunal has made an error on a point of law, the High Court—

(a) may set aside the decision of the Tribunal, and

(b) if it sets the decision aside, must either—

(i) remit the case to the Tribunal with directions for its reconsideration, or

(ii) re-make the decision.

(4) The directions that the High Court may give under subsection (3)(b)(i) include, but are not limited to, either or both of the following—

(a) a direction that the persons who are to reconsider the case must not be the persons who made the decision that has been set aside,

(b) procedural directions in connection with the reconsideration of the case.

(5) In re-making the decision in accordance with subsection (3)(b)(ii), the High Court—

(a) may make any decision which the Tribunal could make if the Tribunal were making the decision, and

(b) may make such findings of fact as the High Court thinks appropriate.

(6) An application for permission to appeal must be made to the Tribunal or High Court within the period of 28 days beginning with the day when the Tribunal notified the person making the application of its decision on the appeal under section 95.

(7) But the Tribunal or High Court may, on a written application by the Commissioner or D, allow an appeal to be made after the end of that period if the Tribunal or High Court is satisfied that there is a good reason—

(a) for the failure to apply for permission to appeal before the end of that period, and

(b) if there has been any delay in applying for permission to appeal out of time, for that delay.

(8) This section is subject to Tribunal Rules.

Commissioner's duty on an appeal

98

(1) This section applies if—

(a) the Commissioner has carried out an investigation under section 71 following a complaint under section 93, and

(b) an appeal under section 95 or 97, or any further appeal, is made in relation to the investigation, and

(2) The Commissioner must—

(a) as soon as reasonably practicable after being informed of the outcome of an appeal under section 95, give the person who made the complaint notice of the outcome,

(b) as soon as reasonably practicable after being informed of an appeal under section 97 or any further appeal, give the person who made the complaint notice that the appeal has been made, and

(c) as soon as reasonably practicable after being informed of the outcome of an appeal under section 97 or of the outcome of a further appeal, give the person who made the complaint notice of the outcome.

CHAPTER 5 — APPEALS BY THE COMPLAINANT

Appeals against a determination that D has not failed to comply with a standard

Right of appeal by P

99

(1) This section applies if—

(a) a person (P) makes a complaint under section 93,

(b) the Commissioner undertakes an investigation under section 71 following the complaint, and

(2) P may appeal to the Tribunal on the grounds that D did fail to comply with the standard.

(3) An appeal under this section must be made before the end of the relevant 28 day period.

(4) But the Tribunal may, on a written application by P, allow an appeal to be made after the end of that period if the Tribunal is satisfied that there is a good reason—

(a) for the failure to appeal before the end of that period, and

(b) if there has been any delay in applying for permission to appeal out of time, for that delay.

(5) An application under subsection (4) may be made before or after the end of the relevant 28 day period.

(6) The Tribunal must notify P and the Commissioner of its decision on an appeal made under this section.

(7) This section is subject to Tribunal Rules (which may, amongst other things, make provision about the manner in which appeals under this section may be brought).

(8) In this Chapter “relevant 28 day period” means the period of 28 days beginning with the day on which the Commissioner gives P the decision notice in relation to the investigation.

Powers of Tribunal on appeal by P

100

(1) On an appeal under section 99, the Tribunal may—

(a) affirm the Commissioner's determination, or

(b) annul the Commissioner's determination.

(2) If the Tribunal annuls the Commissioner's determination (the “original determination”), the Tribunal must direct the Commissioner to determine under section 73 that D has failed to comply with the standard (the “new determination”).

(3) If the Tribunal gives the Commissioner a direction under subsection (2), the Commissioner must revoke the decision notice and investigation report given under section 73 in relation to the original determination.

(4) Section 73(3) and (4), and the other provisions of this Measure, apply to the new determination as they apply to any other determination under section 73.

(5) The investigation report given under section 73(3) in relation to the new determination must include a statement that the Commissioner has made the new determination in compliance with a direction by the Tribunal.

(6) In their application in relation to the new determination, sections 77, 78, 79, 82 and 84 are subject to section 86 but not to section 85.

Appeals from Tribunal

101

(1) This section applies if the Tribunal has decided an appeal under section 99.

(2) The Commissioner or P may, with the permission of the Tribunal or High Court, appeal to the High Court on a question of law arising out of the decision.

(3) If the High Court finds that the Tribunal has made an error on a point of law, the High Court—

(a) may set aside the decision of the Tribunal, and

(b) if it sets the decision aside, must either—

(i) remit the case to the Tribunal with directions for its reconsideration, or

(ii) re-make the decision.

(4) The directions that the High Court may give under subsection (3)(b)(i) include, but are not limited to, either or both of the following—

(a) a direction that the persons who are to reconsider the case must not be the persons who made the decision that has been set aside,

(b) procedural directions in connection with the reconsideration of the case.

(5) In re-making the decision in accordance with subsection (3)(b)(ii), the High Court—

(a) may make any decision which the Tribunal could make if the Tribunal were making the decision, and

(b) may make such findings of fact as the High Court thinks appropriate.

(6) An application for permission to appeal must be made to the Tribunal or High Court within the period of 28 days beginning with the day when the Tribunal notified the person making the application of its decision on the appeal under section 99.

(7) But the Tribunal or High Court may, on a written application by the Commissioner or P, allow an appeal to be made after the end of that period if the Tribunal or High Court is satisfied that there is a good reason—

(a) for the failure to apply for permission to appeal before the end of that period, and

(b) if there has been any delay in applying for permission to appeal out of time, for that delay.

(8) This section is subject to Tribunal Rules.

Commissioner's duty on an appeal by P

102

(1) This section applies if—

(a) the Commissioner has carried out an investigation under section 71 following a complaint under section 93,

(b) an appeal under section 99 or 101, or any further appeal, is made in relation to the investigation, and

(2) The Commissioner must—

(a) as soon as reasonably practicable after being informed of the outcome of an appeal under section 99, give D notice of the outcome,

(b) as soon as reasonably practicable after being informed of an appeal under section 101 or any further appeal, give D notice that the appeal has been made, and

(c) as soon as reasonably practicable after being informed of the outcome of an appeal under section 101 or of the outcome of a further appeal, give D notice of the outcome.

CHAPTER 6 — REVIEW BY THE COMPLAINANT

Review of Commissioner's failure to investigate a complaint

P's right of review

103

(1) This section applies if P makes a complaint to the Commissioner under section 93 about D's conduct (“the alleged conduct”), whether or not that complaint is a valid complaint under that section.

(2) P may, with the permission of the Tribunal, apply to the Tribunal to review the decision of the Commissioner in any of the cases specified in this section.

(3) The Tribunal must, subject to section 104, deal with an application for such a review as if it were an application for judicial review made to the High Court.

(4) The Tribunal must give permission to apply where the Tribunal considers that—

(a) the application would have a reasonable prospect of success, or

(b) there is some other compelling reason why the application should be heard.

(5) The first case referred to in subsection (2) is where—

(a) the duty under section 93 to consider whether to carry out an investigation of the alleged conduct applies, and

(b) the Commissioner decides not to carry out an investigation.

(6) The second case is where—

(a) section 93(7) applies in relation to a complaint, and

(b) the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct.

(7) The third case is where the Commissioner decides that the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply.

(8) The fourth case is where—

(a) the duty under section 93 to consider whether to carry out an investigation of the alleged conduct does not apply, and

(b) the Commissioner decides not to consider whether to carry out an investigation of the alleged conduct under section 93(8) or, having considered whether to carry out an investigation under that section, decides not to carry out the investigation.

(9) The fifth case is where—

(a) the Commissioner decides to carry out an investigation, and

(b) the Commissioner then decides to discontinue the investigation.

(10) An application under subsection (2) must be made before the end of the relevant 28 day period.

(11) But the Tribunal may, on a written application by P, allow an application under subsection (2) to be made after the end of that period if the Tribunal is satisfied that there is a good reason—

(a) for the failure to apply before the end of that period, and

(b) if there has been any delay in applying for permission to apply out of time, for that delay.

(12) An application under subsection (11) may be made before or after the end of the relevant 28 day period.

(13) The Tribunal must notify P and the Commissioner of its decision on an application made under subsection (2).

(14) This section is subject to Tribunal Rules (which may, amongst other things, make provision about the manner in which applications under this section may be brought).

(15) In this Chapter “relevant 28 day period” means the period of 28 days beginning with the day on which the Commissioner gave P notice of his or her decision under section 94.

Powers of Tribunal on review

104

(1) On an application under section 103, the Tribunal may—

(a) affirm the Commissioner's determination, or

(b) annul the Commissioner's determination.

(2) If the Tribunal annuls the Commissioner's determination, the Tribunal must remit the case to the Commissioner with directions for its reconsideration.

Appeals from Tribunal

105

(1) This section applies if the Tribunal has decided an application under section 103(2).

(2) The Commissioner or P may, with the permission of the Tribunal or High Court, appeal to the High Court on a question of law arising out of the decision.

(3) If the High Court finds that the Tribunal has made an error on a point of law, the High Court—

(a) may set aside the decision of the Tribunal, and

(b) if it sets the decision aside, must either—

(i) remit the case to the Tribunal with directions for its reconsideration, or

(ii) re-make the decision.

(4) The directions that the High Court may give under subsection (3)(b)(i) include, but are not limited to, either or both of the following—

(a) a direction that the persons who are to reconsider the case must not be the persons who made the decision that has been set aside,

(b) procedural directions in connection with the reconsideration of the case.

(5) In re-making the decision in accordance with subsection (3)(b)(ii), the High Court—

(a) may make any decision which the Tribunal could make if the Tribunal were making the decision, and

(b) may make such findings of fact as the High Court thinks appropriate.

(6) An application for permission to appeal must be made to the Tribunal or High Court within the period of 28 days beginning with the day when the Tribunal notified the person making the application under this section of its decision on the application under section 103.

(7) But the Tribunal or High Court may, on a written application by the Commissioner or P, allow an appeal to be made after the end of that period if the Tribunal or High Court is satisfied that there is a good reason—

(a) for the failure to apply for permission to appeal before the end of that period, and

(b) if there has been any delay in applying for permission to appeal out of time, for that delay.

(8) This section is subject to Tribunal Rules.

CHAPTER 7 — ADDING A PARTY TO PROCEEDINGS

Right to apply to be added as a party to proceedings

106

(1) This section applies if—

(a) an appeal is made to the Tribunal under section 95(2) or section 99, and

(b) the appeal is made in relation to a determination made after an investigation that follows a complaint made under section 93.

(2) In the case of an appeal made under section 95(2)—

(a) the Tribunal must notify the person who made the complaint (P) that the appeal has been made, and

(b) P may apply to the Tribunal to be added as a party to the proceedings.

(3) In such a case, if P is added as a party to the proceedings—

(a) the Tribunal must notify P of its decision on the appeal, and

(b) P may, with the permission of the Tribunal or High Court, appeal to the High Court under section 97 on a question of law arising out of that decision.

(4) In the case of an appeal made under section 99—

(a) the Tribunal must notify D that the appeal has been made, and

(b) D may apply to the Tribunal to be added as a party to the proceedings.

(5) If D is added as a party to proceedings—

(a) the Tribunal must notify D of its decision on the appeal, and

(b) D may, with the permission of the Tribunal or High Court, appeal to the High Court under section 101 on a question of law arising out of that decision.

(6) This section is subject to Tribunal Rules (which may, among other things, make provision about the manner in which and the time within which an application under this section to be added as a party to proceedings may be made).

(7) This section does not prevent Tribunal Rules from making provision about other persons who may be added as a party to proceedings.

CHAPTER 8 — GENERAL

Obstruction and contempt

107

(1) If the Commissioner is satisfied that the condition in subsection (2) is met in relation to a person, the Commissioner may issue a certificate to that effect to the High Court.

(2) The condition is that the person—

(a) without lawful excuse, has obstructed the discharge of any of the Commissioner's functions under this Part, or

(b) has done an act in relation to an investigation under section 71 which, if the investigation were proceedings in the High Court, would constitute contempt of court.

(3) If the Commissioner issues a certificate under subsection (1), the High Court may inquire into the matter.

(4) If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with the person in any manner in which it could have dealt with the person if the person had committed contempt in relation to the High Court.

Enforcement policy document

108

(1) The Commissioner must produce an enforcement policy document.

(2) The Commissioner may amend the enforcement policy document.

(3) An enforcement policy document is a document setting out advice and information on the Commissioner's intended approach to the exercise of the Commissioner's functions under this Part.

(4) The Commissioner may not produce or amend the enforcement policy document without the approval of the Welsh Ministers.

(5) The Commissioner must—

(a) ensure that a copy of the enforcement policy document is available for inspection at the Commissioner's office, and

(b) ensure that copies of the document are made available at such other places and by such other means (including by electronic means) as he or she thinks appropriate.

(6) The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the enforcement policy document are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the document.

Register of enforcement action

109

(1) The Commissioner must create and maintain a register of enforcement action.

(2) The register of enforcement action must include all of the following—

(a) a description of every investigation undertaken by the Commissioner;

(b) as respects each investigation undertaken, the following information as included in the investigation report—

(i) the Commissioner's findings on the investigation;

(ii) the Commissioner's determination of whether or not D had failed to comply with the relevant requirement;

(iii) the statement of whether the Commissioner took further action;

(iv) if the Commissioner took further action, the statement of that action;

(d) details of appeals made to the Tribunal under Chapter 4 (including, but not limited to, the decisions made by the Tribunal).

(3) The Commissioner must keep the register of enforcement action up to date.

(4) The Commissioner must—

(a) ensure that a copy of the register of enforcement action is available for inspection at the Commissioner's office, and

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

(5) The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the register of enforcement action are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the register.

(6) In this section “investigation” means an investigation under section 71.

Interpretation

110

In this Part—

“enforcement action” (“camau gorfodi”), in relation to an investigation under section 71, means one or more of the following—requiring D to prepare an action plan for the purpose of preventing the continuation or repetition of D's failure;requiring D to take steps for the purpose of preventing the continuation or repetition of D's failure;publicising D's failure;requiring D to publicise the failure;imposing a civil penalty on D;

“interested person” (“person a chanddo fuddiant”), in relation to an investigation under section 71, means—D, andif the investigation follows a complaint under section 93, the person who made the complaint.

PART 6 — FREEDOM TO USE WELSH

Application to Commissioner

111

(1) An individual (P) may apply to the Commissioner for the Commissioner to investigate whether a person (D) has interfered with P's freedom to undertake a Welsh communication with another individual (R) (the “alleged interference”).

(2) An application under this section must comply with the following requirements.

(3) The application must be made in writing, unless P's personal circumstances are such that it would not be reasonable for P to make the application in writing.

(4) The application must give an address at which the Commissioner may contact P (whether the address is postal, electronic or of another description).

(5) The application must identify—

(a) D, and

(b) the alleged interference.

Welsh communications

112

In this Measure, “Welsh communication” means a communication in Welsh between two individuals, both of whom—

(a) are in Wales, and

(b) wish to use the Welsh language with one another in undertaking the communication.

Interference with freedom to use Welsh

113

(1) For the purposes of this Measure, D is to be taken to interfere with P's freedom to undertake a Welsh communication with R in any of the following cases.

(2) Case 1 is where D indicates that P or R should not undertake—

(a) a particular communication in Welsh that is a Welsh communication, or

(b) a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.

(3) Case 2 is where D indicates that P or R will be subjected to a detriment (by D or any other person) because P or R has undertaken—

(a) a particular communication in Welsh that is a Welsh communication, or

(b) a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.

(4) Case 3 is where D, or a person acting at D's instigation, subjects P or R to a detriment because P or R has undertaken—

(a) a particular communication in Welsh that is a Welsh communication, or

(b) a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.

(5) But, in a case falling within subsection (2)(b), (3)(b) or (4)(b), D is to be taken to interfere with P's freedom to undertake a Welsh communication only insofar as the category of communications consists of one or more Welsh communications.

(6) For the purposes of subsection (2), the circumstances in which D is to be taken to indicate that P or R should not undertake a particular communication, or a category of communications, include, but are not limited to, circumstances where—

(a) D instructs P or R not to undertake the communication or category of communications,

(b) D indicates that P or R will be subjected to a detriment (by D or any other person) if P or R undertakes the communication or category of communications, or

(c) D, or a person acting at D's instigation, subjects P or R to a detriment in connection with P or R undertaking the communication or category of communications.

(7) For the purposes of this section, it is irrelevant—

(a) whether or not D or any other person has authority to give an indication, and

(b) whether or not D or any other person has authority to enforce an indication.

(8) In this section, references to P or R being subjected to a detriment include P or R being intimidated, bullied, harassed or humiliated.

Deciding whether to investigate

114

(1) This section applies if P makes an application to the Commissioner under section 111.

(2) It is for the Commissioner to decide whether or not to investigate the alleged interference.

(3) When deciding whether to investigate the alleged interference, the Commissioner—

(a) must take into account the context in which interference is alleged to have taken place (including, but not limited to, the relationships, if any, that exist between D and P and between D and R);

(b) may ask P, D, or any other person, for information or views relating to the alleged interference; and

(4) Subsection (3) does not limit the matters which the Commissioner may consider when deciding whether to investigate the alleged interference.

(5) If the Commissioner decides to investigate the alleged interference, the Commissioner must—

(a) inform P and D of the decision, and

(b) give P and D the relevant information about investigations (insofar as the Commissioner has not already given the information under subsection (3)(c)).

(6) If the Commissioner decides not to investigate the alleged interference, the Commissioner must inform P of—

(a) the decision, and

(b) the reasons for reaching the decision.

(7) The Commissioner must comply with subsection (5) or (6) as soon as practicable after reaching the decision in question.

(8) In this section “relevant information about investigations” means information about—

(a) the procedure for carrying out investigations under this Part, and

(b) the Commissioner's powers in relation to such investigations (including, but not limited to, the power under section 118 to produce and publish reports and other documents).

Investigations

115

(1) This section applies if the Commissioner decides to investigate the alleged interference.

(2) The Commissioner may ask P, D, or any other person, for information or views relating to the alleged interference.

(3) The Commissioner must, so far as it is practicable, give D the opportunity to respond to the allegations made by P or any other person.

Discontinuing investigations

116

(1) The Commissioner may, at any time, discontinue the investigation of the alleged interference.

(2) If the Commissioner decides to discontinue the investigation, the Commissioner must—

(a) inform P and D of the decision, and

(b) inform P of the reasons for reaching the decision.

(3) The Commissioner must comply with subsection (2) as soon as practicable after reaching the decision.

Concluding investigations

117

(1) This section applies if the Commissioner—

(a) decides to investigate the alleged interference, and

(b) does not discontinue the investigation.

(2) The Commissioner must determine whether or not D has interfered with P's freedom to undertake the Welsh communication.

(3) If the Commissioner determines that D has interfered with P's freedom to undertake the Welsh communication, the Commissioner must also give his or her views on the interference (including, but not limited to, his or her views on whether the interference was justified).

(4) Before the Commissioner makes a determination under subsection (2) or gives his or her views under subsection (3), he or she must—

(a) inform D of the determination which the Commissioner is proposing to make and of the views which the Commissioner is proposing to give, and

(b) so far as it is practicable, give D the opportunity to respond to the proposed determination and views.

(5) The Commissioner must notify P and D—

(a) of the determination of P's application, and

(b) if the determination is that D has interfered with P's freedom to undertake the Welsh communication, of his or her views on the interference.

(6) The Commissioner must comply with subsection (5) as soon as practicable after making the determination.

(7) The Commissioner may give P, D, or any other person advice about—

(a) the alleged interference, or

(b) any matter that relates to the alleged interference.

Reports

118

(1) This section applies in any case where an application is made under section 111.

(2) The Commissioner may produce, and give the Welsh Ministers, a report on—

(a) the application, and

(b) the action taken by the Commissioner in response to the application.

(3) The Commissioner must give copies of any such report to P and D.

(4) The Commissioner may publish—

(a) a report given to the Welsh Ministers under subsection (2),

(b) a version of such a report, or

(a “public document”), but only if the following conditions are met.

(5) The first condition is that the Commissioner—

(a) notifies P and D of the intention to publish a public document, and

(b) so far as it is practicable, gives P, D, or any other person the Commissioner considers appropriate, the opportunity to provide the Commissioner with views about publication of a public document.

(6) The second condition is that—

(a) P and D agree to the publication of a public document, or

(b) the Commissioner considers that it is in the public interest to publish a public document.

(7) In considering whether it is in the public interest to publish a public document, the Commissioner must take account of, amongst other things—

(a) the interests of P and D, and

(b) the interests of any other persons which the Commissioner thinks it is appropriate to take account of.

(8) In relation to any application in which the Commissioner determines that D has not interfered with P's freedom to undertake a Welsh communication, a public document must not identify D.

Annual report to Welsh Ministers

119

(1) The Commissioner must include in each annual report produced in accordance with Part 2 a report on—

(a) relevant applications made to the Commissioner in the period to which the report relates,

(b) the action taken by the Commissioner in response to relevant applications made in that period, and

(c) the Commissioner's view of the adequacy and effectiveness of the law in protecting the freedom of persons in Wales wishing to use the Welsh language to do so with one another.

(2) In formulating a view for the purposes of subsection (1)(c), the matters which the Commissioner must consider include, but are not limited to—

(a) all relevant applications made since section 111 came into force, and

(b) all action taken by the Commissioner in response to relevant applications made since section 111 came into force.

(3) In relation to any relevant application in which the Commissioner determines that D has not interfered with P's freedom to undertake a Welsh communication, the matters included in an annual report in accordance with this section must not identify D.

(4) The Welsh Ministers may, by regulations, make provision about reports under this section.

(5) In this section “relevant application” means an application made under section 111.

PART 7 — WELSH LANGUAGE TRIBUNAL

The Tribunal

The Welsh Language Tribunal

120

(1) There is to be a Welsh Language Tribunal (referred to in this Measure as the “Tribunal”).

(2) The Tribunal is to consist of the following members—

(a) the President of the Welsh Language Tribunal (referred to in this Measure as the “President”);

(b) legally-qualified members; and

(3) The Welsh Ministers must appoint the members of the Tribunal.

(4) Schedule 11 makes further provision about the Tribunal.

Composition for proceedings before Tribunal

121

(1) The President must select the members of the Tribunal who are to deal with particular proceedings before the Tribunal.

(2) The President must select three members of the Tribunal to deal with the proceedings.

(3) The President must ensure that—

(a) at least one of the three members is a legal member, and

(b) at least one of the three members is a lay member.

(4) If only one of the three members is a legal member, that legal member is to chair the proceedings.

(5) If more than one of the three members are legal members, the President is to select the legal member who is to chair the proceedings.

(6) This section is subject to Tribunal Rules.

(7) In this section “legal member” means—

(a) the President, or

(b) a legally-qualified member of the Tribunal.

Hearings in public

122

(1) Proceedings before the Tribunal are to be held in public.

(2) But that is subject to Tribunal Rules.

Practice and procedure etc

Welsh Language Tribunal Rules

123

(1) The President must make rules governing the practice and procedure to be followed in the Tribunal.

(2) The rules are to be known as “Welsh Language Tribunal Rules” (but are referred to in this Measure as “Tribunal Rules”).

(3) Tribunal Rules must include the following—

(a) provision about the selection under section 121(2) of the three members of the Tribunal to deal with proceedings;

(b) provision about the selection under section 121(5) of the legal member to chair proceedings;

(i) in relation to the participation of members of the Tribunal in the determination of proceedings, or

(ii) in relation to the exercise of the President's functions under section 121.

(4) Tribunal Rules may, amongst other things, include provision about the following matters—

(a) the exercise by the President, or by the member chairing any proceedings, of any functions which relate to matters that are preliminary or incidental to the proceedings;

(b) the conduct of proceedings in the absence of any member other than the member chairing them;

(c) the disclosure or inspection of documents, and such right to further particulars as might be granted by a county court;

(d) the determination of proceedings without a hearing in circumstances prescribed in Tribunal Rules;

(e) frivolous and vexatious proceedings;

(f) the award of costs (including, but not limited to, punitive costs) or expenses;

(g) assessing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be assessed in the county court);

(h) the publication of reports of the Tribunal's decisions;

(i) the Tribunal's powers to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with Tribunal Rules;

(j) the date upon which a notice is deemed to have been given by the Tribunal.

(5) The power to make Tribunal Rules includes power—

(a) to make different provision for different purposes, and

(b) to confer functions on the President or the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.

(6) The President must submit Tribunal Rules to the Welsh Ministers.

(7) The Welsh Ministers may allow or disallow Tribunal Rules submitted to them.

(8) Rules allowed by the Welsh Ministers—

(a) come into force on such day that the Welsh Ministers direct, and

(b) are to be contained in a Welsh statutory instrument.

(9) A statutory instrument containing rules made by the President is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Practice directions

124

(1) The President may give directions as to the practice and procedure of the Tribunal.

(2) But the President may not give practice directions unless they have been approved by the Welsh Ministers.

(3) Subsection (2) does not apply to practice directions to the extent that they relate to—

(a) the application or interpretation of the law, or

(b) the making of decisions by members of the Tribunal.

(4) The power under this section to give practice directions includes—

(a) power to vary or revoke practice directions given in exercise of the power, and

(b) power to make different provision for different purposes.

Guidance, advice and information

125

(1) The President may give guidance to other members of the Tribunal in relation to the exercise of their functions as members of the Tribunal.

(2) A member of the Tribunal must have regard to such guidance in exercising such functions.

(3) The President may give advice and information in respect of the Tribunal and its functions (including, but not limited to, its practice and procedure).

(4) The President may give such advice—

(a) to particular persons, or

(b) more generally.

Supplementary powers

126

(1) In relation to the matters mentioned in subsection (2), the Tribunal has the same powers, rights, privileges and authority as the High Court.

(2) The matters are—

(a) the attendance and examination of witnesses,

(b) the production and inspection of documents, and

(3) Subsection (1)—

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

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

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

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

Staff and other resources

Staff, accommodation and other resources of Tribunal

127

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

(a) staff,

(b) accommodation, and

that are appropriate for the Tribunal to exercise its functions.

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

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

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

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

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

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

(6) The Welsh Ministers may pay—

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

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

Specially qualified advisers

128

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

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

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

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

Administrative matters

Seal

129

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

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

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

Financial year

130

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

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

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

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

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

Vacancy in the office of President

131

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

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

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

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

Reports, reviews and performance

President's annual report

132

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

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

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

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

Training etc for members of Tribunal

133

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

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

PART 8 — GENERAL

CHAPTER 1 — INTEGRITY

Register of interests

134

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

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

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

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

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

(a) the interest arising, or

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

Publication of registers of interests

135

(1) The Commissioner must—

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

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

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

(3) The Deputy Commissioner must give the Commissioner—

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

(b) such other assistance,

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

Conflicts of interest

136

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

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

(a) the Deputy Commissioner, or

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

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

Validity of acts

137

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

Regulations

138

(1) The Welsh Ministers may, by regulations—

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

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

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

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

Interpretation of this Chapter

139

In this Chapter—

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

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

CHAPTER 2 — DEFAMATION

Absolute privilege

140

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

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

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

(d) the publication, in a communication between—

(i) the Commissioner, and

(ii) a protected person,

of a matter in connection with an inquiry or investigation;

(e) the publication, in a communication between—

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

(ii) a representative,

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

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

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

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

Interpretation of this Chapter

141

In this Chapter—

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

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

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

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

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

CHAPTER 3 — RESTRICTIONS

Restrictions

142

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

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

PART 9 — WELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC

Abolition of Board and transfer of functions

143

(1) The Welsh Language Board is abolished.

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

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

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

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

(a) section 1;

(b) section 2;

(d) section 34(2);

(e) Schedule 1.

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

144

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

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

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

(a) section 3;

(b) section 4(1).

Replacement of Welsh language schemes with standards

145

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

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

(a) Part 2;

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

Other provision

146

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

Supplementary

147

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

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

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

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

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

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

(5) In this Part—

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

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

PART 10 — WELSH MINISTERS' WELSH LANGUAGE STRATEGY

Welsh Ministers to prepare an action plan

148

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

(2) After subsection (8), insert—

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

The Welsh Language Partnership Council

149

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

(2) The Partnership Council is to consist of—

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

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

(i) the Welsh Ministers,

(ii) the Deputy Welsh Ministers,

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

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

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

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

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

(6) The Partnership Council may—

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

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

PART 11 — SUPPLEMENTARY

Orders and regulations

150

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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