The Welsh Language Standards (No. 6) Regulations 2017
Made: 1 February 2017
Coming into force: 7 February 2017
The Welsh Ministers, in exercise of the powers conferred upon them by sections 26, 27, 39 and 150(5) of the Welsh Language (Wales) Measure 20111, having received the approval of the National Assembly for Wales in accordance with section 150(2) of that Measure, make the following Regulations:
Title, commencement, application and interpretation
1
- (1) The title of these Regulations is the Welsh Language Standards (No. 6) Regulations 2017.
- (2) These Regulations come into force on 7 February 2017.
- (3) These Regulations apply in relation to Wales.
- (4) In these Regulations—
- a “body” (“corff”) means a person referred to in regulation 3;
- an “individual” (“unigolyn”) means a member of the public or a student;
- a “member of staff” (“aelod o staff”) means an employee of a body or an individual working for a body (and “staff” (“staff”) must be construed accordingly).
- (5) In these Regulations—
- (a) references to any activity being carried out by a body, or to any service being provided by a body, are to be read as including a reference to that activity being carried out on the body’s behalf or to that service being provided on the body’s behalf by a third party under arrangements made between the third party and the body;
- (b) accordingly, unless a compliance notice provides to the contrary, a body will have failed to comply with a standard in respect of an activity or service it has arranged to be carried out or provided by a third party if that activity or service has not been carried out or provided in accordance with the standard.
- (6) Nothing in these Regulations requires a body to comply with a standard in respect of an activity carried out by it or a service provided by it where it is carrying out that activity or providing that service on behalf of a third party under arrangements made between it and the third party.
Standards specified
2
- (1) In Schedule 1—
- (a) Part 1 specifies service delivery standards;
- (b) Part 2 provides that—
- (i) a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards, and
- (ii) a compliance notice must not require a body to comply with certain standards specified in Part 1 in certain circumstances if it has required the body to comply with certain other standards;
- (c) Part 3 defines a number of words and expressions.
- (2) In Schedule 2—
- (a) Part 1 specifies policy making standards;
- (b) Part 2 defines a number of words and expressions.
- (3) In Schedule 3—
- (a) Part 1 specifies operational standards;
- (b) Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
- (c) Part 3 defines a number of words and expressions.
- (4) In Schedule 4—
- (a) Part 1 specifies record keeping standards;
- (b) Part 2 defines a number of words and expressions.
- (5) Schedule 5 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4 and, in particular—
- (a) Part 1 specifies service delivery standards that deal with supplementary matters;
- (b) Part 2 specifies policy making standards that deal with supplementary matters;
- (c) Part 3 specifies operational standards that deal with supplementary matters;
- (ch) Part 4 specifies record keeping standards that deal with supplementary matters;
- (d) Part 5 makes provision about interpreting the supplementary standards;
- (dd) Part 6 makes supplementary provision.
Standards that are specifically applicable
3
The Welsh Ministers authorise the Welsh Language Commissioner to give a compliance notice to—
- (1) Career Choices Dewis Gyrfa Limited requiring it to comply with the following standards specified under regulation 2 and the Schedules—
- (a) 94 to 162;
- (b) 169 to 182;
- (2) Coleg Ceredigion, Coleg Sir Gâr, Further Education Corporations in Wales, Merthyr Tydfil College Limited, the governing body of Saint David’s Catholic College and WEA YMCA CC Cymru requiring them to comply with the following standards specified under regulation 2 and the Schedules—
- (a) 1 to 136;
- (b) 138 to 182;
- (3) Aberystwyth University, Bangor University, Cardiff University, Higher Education Corporations in Wales, the Open University, the Royal Welsh College of Music and Drama Limited, Swansea University, the University of Wales and the University of Wales: Trinity St David requiring them to comply with the standards specified under regulation 2 and the Schedules;
- (4) the Commission for Tertiary Education and Research requiring it to comply with the following standards specified under regulation 2 and the Schedules—
- (a) 1 to 24B;
- (b) 27 to 27D;
- (c) 30 to 59;
- (ch) 61 to 91;
- (d) 94 to 103;
- (dd) 105 to 136;
- (e) 138 to 182.
- (5) Health Education and Improvement Wales requiring it to comply with standards 90 and 90A specified under regulation 2 and Schedule 1.
SCHEDULE 1 — Service Delivery Standards
PART 1 — THE STANDARDS
unless you conduct the meeting in Welsh without the assistance of a translation service.
PART 2 — STANDARDS THAT RELATE TO OTHER STANDARDS – SPECIAL CONDITIONS
| 27 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated). |
|---|---|
| Row | Column 1 Main standard |
| --- | --- |
| (1) | Replying to correspondence Standard 1 |
| (2) | Corresponding with members of the same household Standard 3 |
| (3) | Corresponding with several persons Standard 4 |
| (4) | General standards relating to correspondence Standard 5 |
| (5) | Raising awareness about corresponding in Welsh Standard 7 |
| (6) | Receiving telephone calls Standard 9 |
| (7) | Receiving telephone calls Standard 10 or 11 |
| (8) | Raising awareness about telephone services in Welsh Standard 14 |
| (9) | Meetings with one person Standard 24 |
| (10) | Meetings with one person Standard 24A or 24B |
| (11) | Meetings with one person Standard 26 |
| (12) | Meetings with one person Standard 26A or 26B |
| (13) | Meetings with more than one person Standard 27 |
| (14) | Meetings with more than one person Standard 27A, 27B, 27C, 27CH or 27D |
| (15) | Meetings with more than one person Standard 29 |
| (16) | Meetings with more than one person Standard 29A or 29B |
| (17) | Public meetings Standard 30 |
| (18) | Public meetings Standard 33 |
| (19) | Public lectures Standard 40 |
| (20) | Public lectures Standard 40A |
| (21) | Documents Standard 43, 44, 45, 46, 47, 48 or 50 |
| (22) | Forms Standard 53 |
| (23) | Websites Standard 55, 56 or 57 |
| (24) | Signs Standard 65 or 66 |
| (25) | Reception Standard 68 |
| (26) | Reception Standard 69 |
| (27) | Reception Standard 70 |
| (28) | Raising awareness of Welsh-language services in a reception Standard 71 |
| (29) | Grants and financial assistance Standard 76 |
| (30) | Grants and financial assistance Standard 77 or 78 |
| (31) | Contracts Standard 81 |
| (32) | Contracts Standard 82 or 83 |
| (33) | Written work in Welsh Standard 90 |
| (34) | Written work in Welsh Standard 90A |
| (35) | Student accommodation Standard 92 |
| (36) | Student accommodation Standard 92A |
| 28 | 1 Paragraph 28(2) applies if a compliance notice requires a body to comply with one or more of the standards listed on a specific row in column 1 of Table 2 and with one or more of the standards listed on the same row in column 2. 2 If the compliance notice requires the body to comply with a standard listed in column 2 in respect of a meeting (or in respect of a meeting of a particular kind) the compliance notice must not require the body to comply with a standard listed on the same row in column 1 in respect of that meeting (or in respect of a meeting of that kind). |
| --- | --- |
| Row | Column 1 |
| --- | --- |
| (1) | Meetings with one person Standard 23, 24, 24A or 24B |
| (2) | Meetings with more than one person Standard 27, 27A, 27B, 27C, 27CH or 27D |
PART 3 — INTERPRETING THE STANDARDS
but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching.
SCHEDULE 2 — Policy making Standards
PART 1 — THE STANDARDS
| 1 | Standards relating to considering the effects of a body’s policy decisions on the Welsh language |
|---|---|
| Standard 94: | When you formulate a new policy, or review or revise an existing policy, you must consider what effects, if any (whether positive or adverse), the policy decision would have on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 95: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would have positive effects, or increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 96: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 97: | When you publish a consultation document which relates to a policy decision, the document must consider, and seek views on, the effects (whether positive or adverse) that the policy decision under consideration would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 98: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would have positive effects, or increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 99: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 100: | You must produce and publish a policy on awarding grants or providing financial assistance (or, where appropriate, amend an existing policy) which requires you to take the following matters into account when you make decisions in relation to the awarding of a grant or providing financial assistance— what effects, if any (and whether positive or negative), the awarding of a grant or providing financial assistance would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how the decision could be taken or implemented (for example, by imposing conditions ) so that it would have positive effects, or increased positive effects, on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how the decision could be taken or implemented (for example, by imposing conditions) so that it would not have adverse effects, or so that it would have decreased adverse effects on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; whether you need to ask the applicant for any additional information in order to assist you in assessing the effects of awarding a grant or providing financial assistance on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 101: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers what effects, if any (and whether positive or adverse), the policy decision under consideration would have on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 102: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would have a positive effects, or so that it would have increased positive effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 103: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would not have adverse effects, or so that it would have decreased adverse effects, on — opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
| Standard 104: | When you develop or revise a course (or any component of a course) you must consider— what effects, if any (and whether positive or negative), that course would have on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how that course would have positive effects, or increased positive effects, on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language; how that course would not have adverse effects, or so that it would have decreased adverse effects on— opportunities for persons to use the Welsh language, and treating the Welsh language no less favourably than the English language. |
PART 2 — INTERPRETING THE STANDARDS
and includes, amongst other things (and as appropriate to the body), decisions about —
- (i) the content of legislation;
- (ii) the exercise of statutory powers;
- (iii) the content of policy statements;
- (iv) strategies or strategic plans;
- (v) internal structures;
- (vi) office and building locations;
- (vii) the recruitment or use of volunteers.
SCHEDULE 3 — Operational standards
PART 1 — THE STANDARDS
and you must also inform each member of staff of that right.
PART 2 — STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
| 9 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row. |
|---|---|
| Row | Column 1 Main standard |
| --- | --- |
| (1) | Complaints procedures Standard 119 |
| (2) | Complaints procedures Standard 119A |
| (3) | Disciplining staff Standard 123 |
| (4) | Disciplining staff Standard 123A |
| (5) | Intranet Standard 128, 129 or 130 |
| (6) | Raising awareness of Welsh language badge Standard 144 |
| (7) | Raising awareness of Welsh language badge Standard 144A |
| (8) | Recruitment and appointments Standard 145 |
| (9) | Recruitment Standard 146 |
| (10) | Internal signs Standard 150 |
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 154: | 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 155: | You must keep a copy of any written complaint that you receive that relates to your compliance with the standards with which you are under a duty to comply. |
| Standard 156: | You must keep a copy of any written complaint that you receive that relates to the Welsh language (whether or not that complaint relates to the standards with which you are under a duty to comply). |
| Standard 157: | You must keep a record of the steps that you have taken in order to ensure compliance with the policy making standards with which you are under a duty to comply. |
| Standard 158: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 134), 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 159: | You must keep a record, for each financial year of— the number of members of staff who attended training courses provided in Welsh (in accordance with standard 135), and if a Welsh version of a course was provided in accordance with standard 135, the percentage of the total number of staff attending the course who attended that version. |
| Standard 160: | You must keep a record of the number of members of staff who wear a badge (made available to them in accordance with standard 144) at the end of each financial year. |
| Standard 161: | You must keep a copy of every assessment that you carry out (in accordance with standard 145) in respect of the Welsh language skills that may be needed in relation to a new or vacant post. |
| Standard 162: | 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 145) 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 154, 158, 159, 160 and 162 “financial year” means the body’s own financial year. |
SCHEDULE 5 — Standards which deal with Supplementary Matters
PART 1 — SERVICE DELIVERY STANDARDS
| 1 | A body publicising service delivery standards |
|---|---|
| Standard 163: | You must ensure that a document which records the service delivery standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 2 | A body publishing a complaints procedure |
| Standard 164: | You must— ensure that you have a complaints procedure that deals with the following matters— how you intend to deal with complaints relating to your compliance with the service delivery standards with which you are under a duty to comply, and how you will provide training for your staff in relation to dealing with those complaints, publish a document that records that procedure on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 3 | A body publishing arrangements for oversight, promotion etc. |
| Standard 165: | You must— ensure that you have arrangements for— overseeing the way you comply with the service delivery standards with which you are under a duty to comply, promoting the services that you offer in accordance with those standards, and facilitating the use of those services, publish a document that records those arrangements on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 4 | A body producing an annual report regarding service delivery standards |
| Standard 166: | 1 You must produce a report (an “annual report”), in Welsh, in relation to each financial year, which deals with the way in which you have complied with the service delivery standards with which you were under a duty to comply during that year. 2 The annual report must include the number of complaints that you received during that year which related to your compliance with the service delivery standards with which you were under a duty to comply. 3 You must publish the annual report no later than 6 months following the end of the financial year to which the report relates. 4 You must publicise the fact that you have published an annual report. 5 You must ensure that a current copy of your annual report is available— a on your website, and b in each of your offices that are open to the public. |
| 5 | A body publicising the way it intends to comply with service delivery standards |
| Standard 167: | You must publish a document on your website which explains how you intend to comply with the service delivery standards with which you are under a duty to comply. |
| 6 | A body providing information to the Welsh Language Commissioner |
| Standard 168: | You must provide any information requested by the Welsh Language Commissioner which relates to your compliance with the service delivery standards with which you are under a duty to comply. |
PART 2 — POLICY MAKING STANDARDS
| 7 | A body publicising policy making standards |
|---|---|
| Standard 169: | You must ensure that a document which records the policy making standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 8 | A body publishing a complaints procedure |
| Standard 170: | You must— ensure that you have a complaints procedure that deals with the following matters— how you intend to deal with complaints relating to your compliance with the policy making standards with which you are under a duty to comply, and how you will provide training for your staff in relation to dealing with those complaints, publish a document that records that procedure on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 9 | A body publishing arrangements for oversight |
| Standard 171: | You must— ensure that you have arrangements for overseeing the way you comply with the policy making standards with which you are under a duty to comply, publish a document that records those arrangements on your website, and ensure that a copy of that document is available in each of your offices that are open to the public. |
| 10 | A body producing an annual report regarding policy making standards |
| Standard 172: | 1 You must produce a report (an “annual report”), in Welsh, in relation to each financial year, which deals with the way in which you have complied with the policy making standards with which you were under a duty to comply during that year. 2 The annual report must include the number of complaints you received during the year which related to your compliance with the policy making standards with which you were under a duty to comply. 3 You must publish the annual report no later than 6 months following the end of the financial year to which the report relates. 4 You must publicise the fact that you have published an annual report. 5 You must ensure that a current copy of your annual report is available— a on your website, and b in each of your offices that are open to the public. |
| 11 | A body publicising the way it intends to comply with policy making standards |
| Standard 173: | You must publish a document on your website which explains how you intend to comply with the policy making standards with which you are under a duty to comply. |
| 12 | A body providing information to the Welsh Language Commissioner |
| Standard 174: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the policy making standards with which you are under a duty to comply. |
PART 3 — OPERATIONAL STANDARDS
(on the basis of the records you kept in accordance with standard 162);
- (dd) the number of complaints that you received during that year which related to your compliance with the operational standards with which you were under a duty to comply.
- (3) You must publish the annual report no later than 6 months following the end of the financial year to which the report relates.
- (4) You must publicise the fact that you have published an annual report.
- (5) You must ensure that a current copy of your annual report is available—
- (a) on your website, and
- (b) in each of your offices that are open to the public.
PART 4 — RECORD KEEPING STANDARDS
| 19 | A body publicising record keeping standards |
|---|---|
| Standard 181: | You must ensure that a document which records the record keeping standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available— on your website, and in each of your offices that are open to the public. |
| 20 | A body providing information to the Welsh Language Commissioner |
| Standard 182 : | You must provide any records you have kept in accordance with the record keeping standards with which you are under a duty to comply to the Welsh Language Commissioner, if the Commissioner asks for those records. |
PART 5 — INTERPRETING THE STANDARDS
| 21 | The standards specified in Parts 1 to 4 must be interpreted as follows. |
|---|---|
| 22 | For the purposes of standards 166, 172 and 178 “financial year” means the body’s own financial year. |
| 23 | For the purposes of the standards a requirement to produce or publish any written material in Welsh does not mean that material should be produced or published in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
PART 6 — SUPPLEMENTARY PROVISION
| 24 | Complaints procedures |
|---|---|
| 1 When a body is under a duty to comply with one or more of the following standards, it may— a comply with them in one complaints procedure; b revise an existing complaints procedure. 2 The standards are— a standard 164; b standard 170; c standard 176. | |
| 25 | Supervisory arrangements |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them in one set of supervisory arrangements. 2 The standards are— a standard 165; b standard 171; c standard 177. | |
| 26 | Annual reports |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them by including the necessary information in one annual report, to be called “Welsh Language Standards Annual Report”. 2 The standards are— a standard 166; b standard 172; c standard 178. | |
| 27 | Publicising the way in which a body intends to comply with standards |
| 1 When a body is under a duty to comply with one or more of the following standards, it may comply with them in one document. 2 The standards are— a standard 167; b standard 173; c standard 179. |
Signed
Alun Davies — Minister for Lifelong Learning and Welsh Language, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers — 1 February 2017
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 27 bodies listed in regulation 3 of the Regulations (which are referred to in the Regulations as “bodies”). These bodies form part of the education sector and are:
- (i) Career Choices Dewis Gyrfa Limited;
- (ii) Further Education institutions (Coleg Ceredigion, Coleg Sir Gâr, Merthyr Tydfil College Limited, the governing body of Saint David’s Catholic College, and WEA YMCA CC Cymru);
- (iii) Further Education corporations (Cardiff and Vale College, Coleg Cambria, Coleg y Cymoedd, Gower College Swansea, Coleg Gwent, Bridgend College, Pembrokeshire College, Grŵp Llandrillo Menai, NPTC Group);
- (iv) Higher Education institutions (Aberystwyth University, Bangor University, Cardiff University, the Open University, the Royal Welsh College of Music and Drama Limited, Swansea University, the University of Wales, and University of Wales: Trinity St David);
- (v) Higher Education Corporations (Cardiff Metropolitan University, Glyndŵr University, and the University of South Wales);
- (vi) The Higher Education Funding Council for Wales.
The Regulations also authorise (subject to certain exceptions set out in regulation 3) the Commissioner to give a compliance notice to those bodies, in relation to standards specified by the Regulations.
In accordance with section 44 of the 2011 Measure, the Commissioner may (by way of a compliance notice) require a body to comply with one or more standards that are specifically applicable to it. To reflect that, the standards specified by the Regulations are expressed in the second person narrative, meaning that they are in “you must” form (where “you” means the relevant body in each case).
Using the flexibility provided by section 44 of the 2011 Measure the Commissioner may (if it is reasonable and proportionate, and the Commissioner wishes to do so) require a body to comply with one standard in some circumstances and another standard in other circumstances. For example, if a standard is specifically applicable to a body the Commissioner may require the body to comply with the standard in some circumstances but not others, or require it to comply with the standard only in some areas. Similarly if two or more standards relate to a specific conduct (for example, standards 8 to 11 in relation to answering telephone calls), the Commissioner may (by way of a compliance notice) require a body to comply with one of those standards only, or with different standards at different times, in different circumstances, or in different areas; as is appropriate for the body. The Commissioner is not, therefore, obliged to require every body to comply with every standard.
In accordance with section 46 of the 2011 Measure, the compliance notice given to a body must state the imposition day, or imposition days; meaning the day or days upon which the body becomes required to comply with a standard (or comply with a standard in a specific way). Using the flexibility provided for by section 46, the Commissioner may set an early imposition day for a body to comply with a standard (provided this is at least 6 months after the date on which the body was given the related compliance notice), or set an imposition day further in the future (for example in relation to more challenging standards).
Where a standard specified in these Regulations requires written material to be displayed or provided in Welsh, or for a service to be provided in Welsh, this does not mean that the material must be displayed or provided in Welsh only, or that the service must only be provided in Welsh (unless that is specifically stated).
Schedule 1 to the Regulations specifies service delivery standards. Section 28 of the 2011 Measure provides that a “service delivery standard” means a standard that relates to a service delivery activity, and is intended to promote or facilitate the use of the Welsh language, or to work towards ensuring that the Welsh language is treated no less favourably than the English language when that activity is carried out. A “service delivery activity” means a person delivering services to another person, or dealing with any other person in connection with delivering services to that other person, or to a third person.
The service delivery standards only apply to the extent that the activity undertaken or the service provided relates to the matters listed in paragraph 31 of Schedule 1. This does not include courses (including on-line courses) or course materials.
Schedule 2 to the Regulations specifies policy making standards. Section 29 of the 2011 Measure provides that a “policy making standard” means a standard that relates to a policy decision, and is intended to secure, or to contribute to securing, that the person making the policy decision considers one or more of the following—
- (a) what effects, if any, (whether positive or adverse) the policy decision would have on opportunities for people to use the Welsh language, or on treating the Welsh language no less favourably than the English language;
- (b) how the decision could be made so that the decision has positive effects, or increased positive effects, on opportunities for people to use the Welsh language, or on treating the Welsh language no less favourably than the English language;
- (c) how the decision could be made so that the decision does not have adverse effects, or has decreased adverse effects, on opportunities for other persons to use the Welsh language, or on treating the Welsh language no less favourably than the English language.
Schedule 3to the Regulations specifies operational standards. Section 30 of the 2011 Measure provides that an “operational standard” means a standard that relates to the functions, or a business or other undertaking (“relevant activities”) of a person (“A”), that is intended to promote or facilitate the use of the Welsh language—
- (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 4to the Regulations specifies record keeping standards. Section 32 of the 2011 Measure provides that a “record keeping standard” is a standard relating to the keeping of records about other specified standards, records about complaints concerning compliance with other specified standards, or records about other complaints concerning the Welsh language.
Schedule 5to the Regulations specifies standards that deal with supplementary matters. These are specific forms of service delivery standards, policy making standards, operational standards and record keeping standards that deal with the matters referred to in section 27(4) of the 2011 Measure (which are supplementary to the matters dealt with in Schedules 1 to 4).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Language Unit, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
Footnotes
See paragraph 63.
See paragraph 66.
Editorial notes
Reg. 1 in force at 7.2.2017, see reg. 1(2)
Reg. 2 in force at 7.2.2017, see reg. 1(2)
Reg. 3 in force at 7.2.2017, see reg. 1(2)
Sch. 1 Pt. 1 in force at 7.2.2017, see reg. 1(2)
Sch. 1 Pt. 2 in force at 7.2.2017, see reg. 1(2)
Sch. 1 Pt. 3 in force at 7.2.2017, see reg. 1(2)
Sch. 2 Pt. 1 in force at 7.2.2017, see reg. 1(2)
Sch. 2 Pt. 2 in force at 7.2.2017, see reg. 1(2)
Sch. 3 Pt. 1 in force at 7.2.2017, see reg. 1(2)
Sch. 3 Pt. 2 in force at 7.2.2017, see reg. 1(2)
Sch. 3 Pt. 3 in force at 7.2.2017, see reg. 1(2)
Sch. 4 Pt. 1 in force at 7.2.2017, see reg. 1(2)
Sch. 4 Pt. 2 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 1 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 2 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 3 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 4 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 5 in force at 7.2.2017, see reg. 1(2)
Sch. 5 Pt. 6 in force at 7.2.2017, see reg. 1(2)
Words in reg. 3(4) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 40(2) (with s. 19); S.I. 2024/806, art. 2(k)(xxii) (with art. 28)
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