Welsh Statutory Instruments
Welsh Language
Made
1 February 2017
Coming into force
7 February 2017
The Welsh Ministers, in exercise of the powers conferred upon them by sections 26, 27, 39 and 150(5) of the Welsh Language (Wales) Measure 2011(1), having received the approval of the National Assembly for Wales in accordance with section 150(2) of that Measure, make the following Regulations:
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.
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.
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 Higher Education Funding Council for Wales 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)(d) 94 to 103;
(dd)105 to 136;
(e)(e) 138 to 182.
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
Regulation 2(1)
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 | Column 2 Reliant standard |
---|---|---|
(1) | Replying to correspondence Standard 1 | Standard 7 |
(2) | Corresponding with members of the same household Standard 3 | Standard 6 |
(3) | Corresponding with several persons Standard 4 | Standard 6 Standard 7 |
(4) | General standards relating to correspondence Standard 5 | Standard 6 Standard 7 |
(5) | Raising awareness about corresponding in Welsh Standard 7 | Standard 1 |
(6) | Receiving telephone calls Standard 9 | One or more of the following: Standard 10 Standard 11 |
(7) | Receiving telephone calls Standard 10 or 11 | Standard 9 Standard 14 |
(8) | Raising awareness about telephone services in Welsh Standard 14 | One or more of the following: Standard 10 Standard 11 and also Standard 16, and Standard 17 |
(9) | Meetings with one person Standard 24 | One or more of the following: Standard 24A Standard 24B |
(10) | Meetings with one person Standard 24A or 24B | Standard 24 |
(11) | Meetings with one person Standard 26 | One or more of the following: Standard 26A Standard 26B |
(12) | Meetings with one person Standard 26A or 26B | Standard 26 |
(13) | Meetings with more than one person Standard 27 | One or more of the following: Standard 27A Standard 27B Standard 27C and also one of more of the following; Standard 27CH Standard 27D |
(14) | Meetings with more than one person Standard 27A, 27B, 27C, 27CH or 27D | Standard 27 |
(15) | Meetings with more than one person Standard 29 | One or more of the following: Standard 29A Standard 29B |
(16) | Meetings with more than one person Standard 29A or 29B | Standard 29 |
(17) | Public meetings Standard 30 | Standard 33 |
(18) | Public meetings Standard 33 | Standard 30 |
(19) | Public lectures Standard 40 | Standard 40A |
(20) | Public lectures Standard 40A | Standard 40 |
(21) | Documents Standard 43, 44, 45, 46, 47, 48 or 50 | Standard 51 Standard 52 |
(22) | Forms Standard 53 | Standard 53A Standard 53B |
(23) | Websites Standard 55, 56 or 57 | Standard 58 |
(24) | Signs Standard 65 or 66 | Standard 67 |
(25) | Reception Standard 68 | Standard 71 Standard 72 |
(26) | Reception Standard 69 | Standard 69A |
(27) | Reception Standard 70 | Standard 71 |
(28) | Raising awareness of Welsh-language services in a reception Standard 71 | One or more of the following: Standard 68 Standard 70 |
(29) | Grants and financial assistance Standard 76 | Standard 76A Standard 79 |
(30) | Grants and financial assistance Standard 77 or 78 | Standard 76 Standard 76A |
(31) | Contracts Standard 81 | Standard 81A Standard 84 |
(32) | Contracts Standard 82 or 83 | Standard 81 Standard 81A |
(33) | Written work in Welsh Standard 90 | Standard 90A |
(34) | Written work in Welsh Standard 90A | Standard 90 |
(35) | Student accommodation Standard 92 | Standard 92A |
(36) | Student accommodation Standard 92A | Standard 92 |
Row | Column 1 | Column 2 |
---|---|---|
(1) | Meetings with one person Standard 23, 24, 24A or 24B | Meetings with one person relating to complaints, disciplinary proceedings or student support Standard 25, 26, 26A or 26B |
(2) | Meetings with more than one person Standard 27, 27A, 27B, 27C, 27CH or 27D | Meetings with more than one person relating to complaints, disciplinary proceedings or student support Standard 28, 29, 29A or 29B |
29 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
30 | The standards only apply to the extent that a body - (a) delivers services to a person, or (b) deals with any other person in connection with delivering services- (i) to that other person, or (ii) to a third person. |
31 | The standards only apply to the extent that the activity undertaken or the service provided relates to - (a) the admission and selection of students; (b) information provided to students and prospective students about the body; (c) the welfare of students; (ch) complaints; (d) disciplinary proceedings in respect of a student; (dd) careers service; (e) student intranet, virtual learning sites and learning portal sites; (f) graduation and award ceremonies; (ff) the assessment or examination of a student; (g) the awarding of grants and the provision of financial assistance; (ng) public lectures; (h) learning opportunities(2); (i) allocation of a personal tutor(3); (j) student accommodation, libraries and arts centres; (l) calls to a main telephone number (or numbers), helpline numbers, call centre numbers and automated telephone systems; (ll) signs on the body's buildings. |
32 | A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement. |
33 | For the purposes of the standards - (a) a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard); (b) a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard). |
34 | (1) A body is not required to translate into Welsh any text that it has not produced ("text A"). (2) A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3). (3) A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with - (a)its Welsh Language Scheme; (b)a duty to comply with standards; (c)Standing Orders of the Assembly; (ch)section 35(1C) of the 2006 Act; or (d)the Assembly Commission's Official Languages Scheme. (4) In this paragraph- (a)"Welsh Language Scheme" means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 1993(4); (b)"a duty to comply with standards" means a duty to comply with a standard under section 25 of the Welsh Language (Wales) Measure 2011; (c)"the 2006 Act" means the Government of Wales Act 2006(5); (ch)"Standing Orders of the Assembly" means standing orders made under section 31 of the 2006 Act; (d)"the Assembly Commission's Official Languages Scheme" means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act. |
35 | A body is not required to comply with these standards in relation to material published in journals or books. |
36 | For the purposes of standards 2, 3 and 21, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard. |
37 | For the purposes of standards 18 to 20 (telephone calls) "department" means a department that deals wholly or mainly with the matters listed in paragraph 31(a) to (l). |
38 | In standard 22 an "automated" telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different keys in order to choose different options. |
39 | For the purposes of standards 25 to 26B and 28 to 29B (meetings relating to student support) providing ‘student support' means providing counselling or support in relation to mental health issues. |
40 | Standards 23 to 29B (meetings) do not apply to medical examinations. |
41 | For the purposes of standards 30 to 34 (public meetings) "cohort" means a group of students sharing one or more statistical or demographic features (for example, students born in a particular year, all students or all third year students studying geography). |
42 | Standard 36 (public events) does not apply to- (a) performances of music; (b) artistic or dramatic productions; (c) seminars or oral presentations relating to the performance or production; (ch) any recording of the performance, production, seminar or oral presentation. |
43 | Standards 36 and 91 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill. |
44 | Standards 30 to 34 (public meetings) and 35 and 36 (public events) do not apply to public lectures or graduation ceremonies (see standards 40 to 42). |
45 | Standards 38 and 39 (displaying material) do not apply to graduation ceremonies (see standards 41 to 42). |
46 | Where a standard refers to material that is to be produced in Welsh (with the exception of standards 41 (graduation ceremonies), 55 to 61 (websites and apps), 62 and 63 (social media), 80 (invitations to tender) and 90 (submitting written work in Welsh)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards - (a) the visual presentation of material (for example in relation to the colour or font of any text); (b) the size of the material; (c) the position and prominence of the material in any public place; (ch) when and how the material is published, provided or exhibited; (d) the publication format of material. |
47 | For the purposes of standard 41 (graduation and award ceremonies), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards - (a) the visual presentation of material (for example in relation to the colour or font of any text); (b) the size of the material; (c) the position and prominence of the material in any public place; (ch) when and how the material is published, provided or exhibited; (d) the publication format of material but a body will not be treating the Welsh language less favourably than the English language by providing the information in written or electronic format in Welsh when the information is provided orally in English. |
48 | For the purposes of standards 43, 44, 47, 50 and 53 references to documents or other materials being available to the public or to students or to being produced for public use or for students use do not include documents or materials that are only available to the public or to students by virtue of the Freedom of Information Act 2000(6). |
49 | (1) Standards 53, 53A and 53B do not apply to the forms listed in sub-paragraph (3). (2) For the purposes of standard 2, a body is not required to send a Welsh language version of the forms listed in sub-paragraph (3). (3) The forms are - (a)forms used by a body to recruit employees (see standards 146A, 147 and 148 in relation to recruitment); (b)forms used when applying for grant or financial assistance from a body (see standards 75 to 79 in relation to applications for grants and financial assistance); (c)forms used when submitting a tender to enter into a contract with a body (see standards 80 to 84 in relation to tendering for a contract). |
50 | Standards 43, 48, 50, 51 and 52 do not apply to an enactment made by a body or to a draft enactment prepared by a body. |
51 | Standards 43, 46, 47 and 50 do not apply to any advertising material contained in a document, brochure, leaflet, pamphlet or card. |
52 | Standards 55 to 59 (websites) do not apply to - (a) documents to which a link is provided on a website, advertising material on a website, or to video and audio clips on a website (see standards 43 to 52 for specific provision in relation to documents, and standard 37 in relation to advertising material produced by a body); (b) information presented by persons (other than the body) on an interactive page published on a body's website (for example on a section for comments or on a discussion forum). |
53 | For the purposes of standards 55 to 59 (websites) "website" includes student intranet, virtual learning sites and learning portal sites. |
54 | (1) For the purposes of standard 61 an ‘app' is a software application designed to undertake a specific task on an electronic device. (2) Standard 61 does not apply to any advertising material on an app (see standard 37 in relation to advertising material produced by a body). |
55 | For the purposes of standards 55 to 60 (websites), standard 61 (apps) and standards 62 and 63 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards - (a) the visual presentation of the material (for example in relation to the colour, size, font and format of any text), or (b) when material is published on the website, app or social media; 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. |
56 | (1) Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 62 and 63 in relation to social media). (2) Standards 55 to 59 (websites) and standard 61 (apps) do not apply to social media (see standards 62 and 63 in relation to social media). |
57 | Standards 62 and 63 (social media) do not apply to - (a) documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 43 to 52 for specific provision in relation to documents, and standard 37 in relation to advertising material produced by a body); (b) information presented by persons (other than the body) on a body's social media account (for example on a section for comments). |
58 | For the purposes of standard 64 (self service machines) reference to treating the Welsh language no less favourably than the English language includes, amongst other matters, treating the Welsh language no less favourably as regards the visual presentation of the material (for example in relation to the colour, size, font and format of any text), but it does not mean that Welsh language material must appear on screen at the same time as English language material. |
59 | For the purposes of standards 68 to 72 (receiving visitors) - (a) "reception" means an area in a body's offices and service locations where staff are made available for the purpose of welcoming persons; (b) "reception service" means a service for welcoming persons to the body's offices or service locations by staff who are made available for that purpose; (c) "service locations" include libraries, leisure centres, arts centres, advice centres and drop in centres. |
60 | For the purposes of standards 7, 73 and 74 a "notice" means any notice that a body publishes, but it does not include notices prescribed by an enactment. |
61 | For the purposes of standard 80 (invitation to tender) - (1) A body is not required to publish an invitation to tender in Welsh in the Official Journal of the European Union. (2) A reference to treating a Welsh language version no less favourably than an English language version includes, amongst other matters, treating the Welsh language no less favourably as regards- (a)the visual presentation of material (for example in relation to the colour or font of any text); (b)the size of the material; (c)the position and prominence of the material in any public place; (ch)when and how the material is published, provided or exhibited; (d)the publication format of material; but a body will not be treating the Welsh language less favourably than the English language by not publishing an invitation to tender in Welsh in the Official Journal of the European Union. |
62 | (1) For the purposes of standard 87, the reference to a body forming or presenting its "corporate identity" includes, amongst other things, the way a body presents itself by means of visual statements, the name or names used by a body, and a body's branding and slogans (for example, branding and slogans printed on its stationery). (2) Standard 87 does not apply to the extent that an enactment requires a body to use a legal name. |
63 | For the purposes of standards 88 and 89 (learning opportunities) and paragraph 31, "learning opportunities" means any seminar, training, workshop, taster session, or similar provision which is provided in order to educate or to improve the skills of members of the public; but does not include- (a) any seminar, training, workshop, taster session or similar provision provided as part of a course; or (b) seminars or oral presentations relating to a performance or production. |
64 | Standards 90 and 90A (submitting written work in Welsh) do not apply when the body is assessing the proficiency of a student in a language other than Welsh. |
65 | For the purposes of standard 90 and 90A (submitting written work in Welsh) a reference to treating the Welsh language no less favourably than the English language includes, among other matters, the timescale for informing persons of the outcome of the assessment or examination; but a body will not be treating the Welsh language less favourably than the English language- (a) by obtaining a translation of that work in order for it to be assessed, or (b) by not translating any comments on that translated work. |
66 | For the purposes of standard 93 (allocation of a personal tutor) and paragraph 31- (a) a "personal tutor" is a member of staff allocated to a student ("A") whose main role as a personal tutor is to support A in A's learning or with other matters; (b) the allocation of a personal tutor to A does not include providing A with an academic tutor; (c) an "academic tutor" is a member of staff provided to A whose role as an academic tutor is to– (i) deliver a lecture or course, or (ii) facilitate tutorials, workshops or practical support to the programme of learning. |
67 | For the purposes of the standards "enactment" means an enactment (whenever enacted or made) comprised in, or in an instrument made under- (a) an Act of Parliament; or (b) a Measure or an Act of the National Assembly for Wales. |
Regulation 2(2)
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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) what effects, if any (and whether positive or negative), the awarding of a grant or providing financial assistance would have on- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language; (b) 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- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language; (c) 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- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language; (ch) 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- (i) opportunities for persons to use the Welsh language, and (ii) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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 - (a) opportunities for persons to use the Welsh language, and (b) 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- (a) what effects, if any (and whether positive or negative), that course would have on- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language; (b) how that course would have positive effects, or increased positive effects, on- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language; (c) how that course would not have adverse effects, or so that it would have decreased adverse effects on- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language. |
Regulation 2(3)
1 | Standards relating to the use of the Welsh language within a body's internal administration |
Standard 105: | You must develop a policy on using Welsh internally for the purpose of promoting and facilitating the use of the language, and you must publish that policy on your intranet. |
Standard 106: | When you offer a new post to an individual, you must ask that individual whether he or she wishes for the contract of employment or contract for services to be provided in Welsh; and if that is the individual's wish you must provide the contract in Welsh. |
Standard 107: | You must - (a) ask each employee whether he or she wishes to receive any paper correspondence that relates to his or her employment, and which is addressed to him or her personally, in Welsh, and (b) if an employee so wishes, provide any such correspondence to that employee in Welsh. |
Standard 108: | You must ask each employee whether he or she wishes to receive any documents that outline his or her training needs or requirements in Welsh; and if that is the employee's wish you must provide any such documents to him or to her in Welsh. |
Standard 109: | You must ask each employee whether he or she wishes to receive any documents that outline his or her performance objectives in Welsh; and if that is the employee's wish you must provide any such documents to him or to her in Welsh. |
Standard 110: | You must ask each employee whether he or she wishes to receive any documents that outline or record his or her career plan in Welsh; and if that is the employee's wish you must provide any such documents to him or to her in Welsh. |
Standard 111: | You must ask each employee whether he or she wishes to receive any forms that record and authorise- (a) annual leave, (b) absences from work, and (c) flexible working hours, in Welsh; and if that is an employee's wish, you must provide any such forms to him or to her in Welsh. |
Standard 112: | If you publish a policy relating to behaviour in the workplace, you must publish it in Welsh. |
Standard 113: | If you publish a policy relating to health and well-being at work, you must publish it in Welsh. |
Standard 114: | If you publish a policy relating to salaries or workplace benefits, you must publish it in Welsh. |
Standard 115: | If you publish a policy relating to performance management, you must publish it in Welsh. |
Standard 116: | If you publish a policy about absence from work, you must publish it in Welsh. |
Standard 117: | If you publish a policy relating to working conditions, you must publish it in Welsh. |
Standard 118: | If you publish a policy regarding work patterns, you must publish it in Welsh. |
2 | Standards relating to complaints made by a member of a body's staff |
Standard 119: | You must allow each member of staff - (a) to make complaints to you in Welsh, and (b) to respond in Welsh to any complaint made about him or about her. |
Standard 119A: | You must state in any document that you have that sets out your procedures for making complaints that each member of staff may - (a) make a complaint to you in Welsh, andrespond to a complaint made about him or about her in Welsh; and you must also inform each member of staff of that right. |
Standard 120: | If you receive a complaint from a member of staff or a complaint about a member of staff, and a meeting is required with that member of staff, you must - (a) offer to conduct the meeting in Welsh, and (b) if the member of staff wishes for the meeting to be conducted in Welsh, conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 121: | If you receive a complaint from a member of staff or a complaint about a member of staff, and a meeting is required with that member of staff, you must - (a) ask the member of staff whether he or she wishes to use the Welsh language at the meeting; (b) explain that you will provide a translation service from Welsh to English for that purpose if it is required; and if the member of staff wishes to use the Welsh language, you must provide a simultaneous translation service from Welsh to English at the meeting (unless you conduct the meeting in Welsh without translation services). |
Standard 122: | When you inform a member of staff of a decision you have reached in relation to a complaint made by him or by her, or in relation to a complaint made about him or about her, you must do so in Welsh if that member of staff- (a) made the complaint in Welsh, (b) responded in Welsh to a complaint about him or about her, (c) asked for a meeting about the complaint to be conducted in Welsh, or (ch) asked to use the Welsh language at a meeting about the complaint. |
3 | Standards relating to a body disciplining staff |
Standard 123: | You must allow all members of staff to respond in Welsh to allegations made against them in any internal disciplinary process. |
Standard 123A: | You must - (a) state in any document that you have which sets out your arrangements for disciplining staff that any member of staff may respond in Welsh to any allegations made against him or against her, and (b) if you commence a disciplinary procedure in relation to a member of staff, inform that member of staff of that right. |
Standard 124: | If you organise a meeting with a member of staff regarding a disciplinary matter that relates to his or to her conduct you must - (a) offer to conduct the meeting in Welsh; and (b) if the member of staff wishes for the meeting to be conducted in Welsh, conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 125: | If you organise a meeting with a member of staff regarding a disciplinary matter that relates to his or her conduct you must - (a) ask the member of staff whether he or she wishes to use the Welsh language at the meeting, and (b) explain that you will provide a translation service for that purpose if it is required; and, if the member of staff wishes to use the Welsh language, you must provide a simultaneous translation service from Welsh to English at the meeting (unless you conduct the meeting in Welsh without a translation service). |
Standard 126: | When you inform a member of staff of a decision you have reached following a disciplinary process, you must do so in Welsh if that member of staff- (a) responded to allegations made against him or her in Welsh, (b) asked for a meeting regarding the disciplinary process to be conducted in Welsh, or (c) asked to use the Welsh language at a meeting regarding the disciplinary process. |
4 | Standards relating to a body's information technology and about support material provided by a body, and relating to the intranet |
Standard 127: | You must provide staff with computer software for checking spelling and grammar in Welsh, and provide Welsh language interfaces for software (where an interface exists). |
Standard 128: | You must ensure that - (a) the text of each page of your intranet is available in Welsh, (b) every Welsh language page on your intranet is fully functional, and (c) the Welsh language is treated no less favourably than the English language on your intranet. |
Standard 129: | You must ensure that - (a) the text of the homepage of your intranet is available in Welsh, (b) any Welsh language text on your intranet's homepage (or, where relevant, your Welsh language intranet homepage) is fully functional, and (c) the Welsh language is treated no less favourably than the English language in relation to the homepage of your intranet. |
Standard 130: | You must ensure that each time you publish a new intranet page or amend a page - (a) the text of that page is available in Welsh, (b) any Welsh language version of that page is fully functional, and (c) the Welsh language is treated no less favourably than the English language in relation to the text of that page. |
Standard 131: | If you have a Welsh language page on your intranet that corresponds to an English language page, you must state clearly on the English language page that the page is also available in Welsh, and must provide a direct link to the Welsh language page on the corresponding English language page. |
Standard 132: | You must designate and maintain a page (or pages) on your intranet which provides services and support material to promote the Welsh language and to assist your staff to use the Welsh language. |
Standard 133: | You must provide the interface and menus on your intranet pages in Welsh. |
5 | Standards relating to a body developing Welsh language skills through planning and training its workforce |
Standard 134: | You must assess the Welsh language skills of your employees. |
Standard 135: | You must provide training in Welsh in the following areas, if you provide such training in English - (a) recruitment and interviewing; (b) performance management; (c) complaints and disciplinary procedures; (ch) induction; (d) dealing with the public; and (dd) health and safety. |
Standard 136: | You must provide training (in Welsh) on using Welsh effectively in- (a) meetings; (b) interviews; and (c) complaints and disciplinary procedures. |
Standard 137: | You must provide training to staff who provide careers advice on the value of Welsh language skills in the employment sector. |
Standard 138: | You must provide opportunities during working hours- (a) for your employees to receive basic Welsh language lessons, and (b) for employees who manage others to receive training on using the Welsh language in their role as managers. |
Standard 139: | You must provide opportunities for employees who have completed basic Welsh language training to receive further training, free of charge, to develop their language skills. |
Standard 140: | You must provide training courses so that your employees can develop- (a) awareness of the Welsh language (including awareness of its history and its role in Welsh culture); (b) an understanding of the duty to operate in accordance with the Welsh language standards; (c) an understanding of how the Welsh language can be used in the workplace. |
Standard 141: | When you provide information to new employees (for example by means of an induction process), you must provide information for the purpose of raising their awareness of the Welsh language. |
Standard 142: | You must provide wording or a logo for your staff to include in e-mail signatures which will enable them to indicate whether they speak Welsh fluently or whether they are learning the language. |
Standard 143: | You must provide wording for your employees which will enable them to include a Welsh language version of their contact details in e-mail messages, and to provide a Welsh language version of any message which informs others that they are unavailable to respond to e-mail messages. |
Standard 144: | You must make available to members of staff who are able to speak Welsh a badge for them to wear to convey that. |
Standard 144A: | You must promote to members of staff the wearing of a badge that conveys that a member of staff is able to speak Welsh. |
6 | Standards relating to a body recruiting and appointing |
Standard 145: | When you assess the requirements for a new or vacant post, you must assess the need for Welsh language skills, and categorise it as a post where one or more of the following apply - (a) Welsh language skills are essential; (b) Welsh language skills need to be learnt when appointed to the post; (c) Welsh language skills are desirable; or (ch) Welsh language skills are not necessary. |
Standard 145A: | If you have categorised a post as one where Welsh language skills are essential, desirable or need to be learnt you must - (a) specify that when advertising the post, and (b) advertise the post in Welsh. |
Standard 146: | When you advertise a post, you must state that applications may be submitted in Welsh, and that an application submitted in Welsh will not be treated less favourably than an application submitted in English. |
Standard 146A: | If you publish - (a) application forms for posts; (b) material that explains your procedure for applying for posts; (c) information about your interview process, or about other assessment methods when applying for posts; (ch) job descriptions; you must publish them in Welsh; and you must ensure that the Welsh language versions of the documents are treated no less favourably than any English language versions of those documents. |
Standard 146B: | You must not treat an application for a post made in Welsh less favourably than you treat an application made in English (including, amongst other matters, in relation to the closing date you set for receiving applications and in relation to any timescale for informing individuals of decisions). |
Standard 147: | You must ensure that your application forms for posts provide a space for individuals to indicate that they wish an interview or other method of assessment in Welsh and if an individual so wishes, you must conduct any interview or other method of assessment in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 148: | You must ensure that your application forms for posts - (a) provide a space for individuals to indicate that they wish to use the Welsh language at an interview or at any other method of assessment, and (b) explain that you will provide a translation service from Welsh to English for that purpose if it is required; and, if the individual wishes to use the Welsh language at the interview or assessment, you must provide a simultaneous translation service at the interview or assessment (unless you conduct the interview or assessment in Welsh without that translation service). |
Standard 149: | When you inform an individual of your decision in relation to an application for a post, you must do so in Welsh if the application was made in Welsh. |
7 | Standards relating to signs displayed in a body's workplace |
Standard 150: | When you erect a new sign or renew a sign in your workplace (including temporary signs), any text displayed on the sign must be displayed in Welsh (whether on the same sign as the corresponding English language text or on a separate sign), and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text. |
Standard 151: | When you erect a new sign or renew a sign in your workplace (including temporary signs) which conveys the same information in Welsh and in English, the Welsh language text must be positioned so that it is likely to be read first. |
Standard 152: | You must ensure that the Welsh language text on signs displayed in your workplace is accurate in terms of meaning and expression. |
8 | Standard relating to audio announcements and messages in a body's workplace |
Standard 153: | When you make announcements in the workplace using audio equipment, that announcement must be made in Welsh, and if the announcement is made in Welsh and in English, the announcement must be made in Welsh first. |
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 | Column 2 Reliant standard |
---|---|---|
(1) | Complaints procedures Standard 119 | Standard 119A |
(2) | Complaints procedures Standard 119A | Standard 119 |
(3) | Disciplining staff Standard 123 | Standard 123A |
(4) | Disciplining staff Standard 123A | Standard 123 |
(5) | Intranet Standard 128, 129 or 130 | Standard 131 |
(6) | Raising awareness of Welsh language badge Standard 144 | Standard 144A |
(7) | Raising awareness of Welsh language badge Standard 144A | Standard 144 |
(8) | Recruitment and appointments Standard 145 | Standard 145A |
(9) | Recruitment Standard 146 | Standard 146A Standard 146B Standard 149 |
(10) | Internal signs Standard 150 | Standard 152 |
Regulation 2(4)
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- (a) the number of members of staff who attended training courses provided in Welsh (in accordance with standard 135), and (b) 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- (a) Welsh language skills are essential; (b) Welsh language skills need to be learnt when appointed to the post; (c) Welsh language skills are desirable; or (ch) Welsh language skills are not necessary. |
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. |
Regulation 2(5)
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- (a) on your website, and (b) 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. |
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). |
(This note is not part of the Regulations)
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 3 to the Regulations specifies operational standards. Section 30 of the 2011 Measure provides that an "operational standard" means a standard that relates to the functions, or a business or other undertaking ("relevant activities") of a person ("A"), that is intended to promote or facilitate the use of the Welsh language-
(a)by A in carrying out A's relevant activities,
(b)by A and another person in dealings between them in connection with A's relevant activities, or
(c)by a person other than A in carrying out activities for the purposes of, or in connection with, A's relevant activities.
Schedule 4 to the Regulations specifies record keeping standards. Section 32 of the 2011 Measure provides that a "record keeping standard" is a standard relating to the keeping of records about other specified standards, records about complaints concerning compliance with other specified standards, or records about other complaints concerning the Welsh language.
Schedule 5 to the Regulations specifies standards that deal with supplementary matters. These are specific forms of service delivery standards, policy making standards, operational standards and record keeping standards that deal with the matters referred to in section 27(4) of the 2011 Measure (which are supplementary to the matters dealt with in Schedules 1 to 4).
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.