BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Instruments made by the National Assembly for Wales |
||
|
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Welsh Language Standards (No. 1) Regulations 2015 No. 996 (W. 68) URL: http://www.bailii.org/wales/legis/num_reg/2015/wsi_2015996_en_1.html |
||
[New search] [Printable PDF version] [Help]
Welsh Statutory Instruments
Welsh Language
Made
24 March 2015
Coming into force
31 March 2015
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. 1) Regulations 2015.
(2) These Regulations come into force on 31 March 2015.
(3) These Regulations apply in relation to Wales.
(4) In these Regulations-
a "body" ("corff") means the Welsh Ministers, a county council or county borough council or a National Park authority;
an "individual" ("unigolyn") means a member of the public;
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);
a reference to an employee of a body or an individual working for a body includes, in the case of the Welsh Ministers, an employee of the Welsh Government or an individual working for the Welsh Government.
(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.
2.-(1) In Schedule 1-
(a)Part 1 specifies service delivery standards;
(b)Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
(c)Part 3 defines a number of words and expressions.
(2) In Schedule 2-
(a)Part 1 specifies policy making standards;
(b)Part 2 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 promotion 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.
(5) In Schedule 5-
(a)Part 1 specifies record keeping standards;
(b)Part 2 defines a number of words and expressions.
(6) Schedule 6 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 5 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 promotion standards that deal with supplementary matters;
(d)Part 5 specifies record keeping standards that deal with supplementary matters;
(dd)Part 6 makes provision about interpreting the supplementary standards;
(e)Part 7 makes supplementary provision.
3.-(1) The Welsh Ministers authorise the Welsh Language Commissioner to give a compliance notice to the Welsh Ministers, to county councils, to county borough councils and to National Park authorities requiring them to comply with any of the standards specified under regulation 2.
(2) But the Commissioner is not authorised to give a compliance notice to the Welsh Ministers requiring them to comply with standards 145 or 146 (promotion standards) or standards 173 or 174 (promotion standards that deal with supplementary matters).
Carwyn Jones
First Minister of Wales
24 March 2015
Regulation 2(1)
| 1 | Standards relating to correspondence sent by a body |
| (1) When a body replies to correspondence | |
| Standard 1: | If you receive correspondence from a person in Welsh you must reply in Welsh (if an answer is required), unless the person has indicated that there is no need to reply in Welsh. |
| (2) When a body initiates correspondence | |
| (a) When a body corresponds with an individual | |
| Standard 2: | When you correspond with an individual ("A") for the first time, you must ask A whether A wishes to receive correspondence from you in Welsh, and if A responds to say that A wishes to receive correspondence in Welsh you must- (a) keep a record of A's wish, (b) correspond with A in Welsh when corresponding with A from then onwards, and (c) send any forms you send to A from then onwards in Welsh. |
| (b) When a body corresponds with more than one member of the same household | |
| Standard 3: | When you send correspondence addressed to two individuals who are members of the same household (for example, the parents of a child) for the first time, you must ask them whether they wish to receive correspondence from you in Welsh; and if- (a) both individuals respond to say that they wish to receive correspondence in Welsh, you must keep a record of that wish and correspond in Welsh from then onwards when sending correspondence addressed to both of those individuals; (b) one (but not both) of the individuals responds to say that he or she wishes to receive correspondence in Welsh, you must keep a record of that wish and provide a Welsh language version of correspondence from then onwards when sending correspondence addressed to both of those individuals. |
| (c) When a body corresponds with several persons (for example, when it sends a circular, or sends the same letter to a number of homes) | |
| Standard 4: | When you send the same correspondence to several persons, you must send a Welsh language version of the correspondence at the same time as you send any English language version. |
| (3) General standards relating to correspondence | |
| Standard 5: | If you don't know whether a person wishes to receive correspondence from you in Welsh, when you correspond with that person you must provide a Welsh language version of the correspondence. |
| Standard 6: | If you produce a Welsh language version and a corresponding English language version of correspondence, you must not treat the Welsh language version less favourably than the English language version (for example, if the English version is signed, or if contact details are provided on the English version, then the Welsh version must be treated in the same way). |
| Standard 7: | You must state- (a) in correspondence, and (b) in publications and official notices that invite persons to respond to you or to correspond with you, that you welcome receiving correspondence in Welsh, that you will respond to correspondence in Welsh, and that corresponding in Welsh will not lead to delay. |
| 2 | Standards relating to telephone calls made and received by a body |
| (1) Telephone calls made to a body's main contact number and to any helplines or call centres | |
| Standard 8: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must greet the person in Welsh. |
| Standard 9: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform the person that a Welsh language service is available. |
| Standard 10: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh in its entirety if that is the person's wish (where necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). |
| Standard 11: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh if that is the person's wish until such point as- (a) it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and (b) no Welsh speaking member of staff is available to provide a service on that specific subject matter. |
| Standard 12: | When you advertise telephone numbers, helpline numbers or call centre services, you must not treat the Welsh language less favourably than the English language. |
| Standard 13: | If you offer a Welsh language service on your main telephone number (or numbers), on any helpline numbers or call centre numbers, the telephone number for the Welsh language service must be the same as for the corresponding English language service. |
| Standard 14: | When you publish your main telephone number, or any helpline numbers or call centre service numbers, you must state (in Welsh) that you welcome calls in Welsh. |
| Standard 15: | If you have performance indicators for dealing with telephone calls, you must ensure that those performance indicators do not treat telephone calls made in Welsh any less favourably than calls made in English. |
| Standard 16: | Your main telephone call answering service (or services) must inform persons calling, in Welsh, that they can leave a message in Welsh. |
| Standard 17: | When there is no Welsh language service available on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform persons calling, in Welsh (by way of an automated message or otherwise), when a Welsh language service will be available. |
| (2) Telephone calls made to departments and to members of a body's staff | |
| Standard 18: | If a person contacts one of your departments on a direct line telephone number (including on staff members' direct line numbers), and that person wishes to receive a service in Welsh, you must provide that service in Welsh in its entirety (if necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). |
| Standard 19: | If a person contacts one of your departments on a direct line telephone number (including on staff members' direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh until such point as- (a) it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and (b) no Welsh speaking member of staff is available to provide a service on that specific subject matter. |
| Standard 20: | When a person contacts you on a direct line number (whether on a department's direct line number or on the direct line number of a member of staff), you must ensure that, when greeting the person, the Welsh language is not treated less favourably than the English language. |
| (3) Telephone calls made by a body | |
| Standard 21: | When you telephone an individual ("A") for the first time you must ask A whether A wishes to receive telephone calls from you in Welsh, and if A responds to say that A wishes to receive telephone calls in Welsh you must keep a record of that wish, and conduct telephone calls made to A from then onwards in Welsh. |
| (4) A body dealing with telephone calls using an automated system | |
| Standard 22: | Any automated telephone systems that you have must provide the complete automated service in Welsh. |
| 3 | Standards relating to a body holding meetings that are not open to the general public |
| (1) Meetings between a body and one other invited person | |
| Standard 23: | If you invite one person only ("P") to a meeting, you must offer to conduct the meeting in Welsh; and if P informs you that P wishes for the meeting to be conducted in Welsh, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
| Standard 24: | If you invite one person only ("P") to a meeting you must ask P whether P wishes to use the Welsh language at the meeting, and inform P that you will, if necessary, provide a translation service from Welsh to English for that purpose. |
| Standard 24A: | If you have invited one person only ("P") to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
| Standard 24B: | If you have invited one person only ("P") to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a consecutive translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
| Standard 25: | If you invite an individual ("A") to a meeting, and the meeting relates to the well-being of A, you must- (a) ask A whether A wishes for the meeting to be conducted in Welsh, and (b) if A informs you that A 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 26: | If you invite an individual ("A") to a meeting, and the meeting relates to the well-being of A, you must ask A whether A wishes to use the Welsh language at the meeting, and inform A that you will, if necessary, provide a translation service from Welsh to English and from English to Welsh for that purpose. |
| Standard 26A: | You must arrange for a simultaneous translation service from Welsh to English and from English to Welsh to be available at a meeting- (a) if the meeting relates to the well-being of an invited individual ("A"), and (b) if A has informed you that A wishes to use the Welsh language at the meeting; unless you conduct the meeting in Welsh without the assistance of a translation service. |
| Standard 26B: | You must arrange for a consecutive translation service from Welsh to English and from English to Welsh to be available at a meeting- (a) if the meeting relates to the well-being of an invited individual ("A"), and (b) if A has informed you that A wishes to use the Welsh language at the meeting; unless you conduct the meeting in Welsh without the assistance of a translation service. |
| (2) Meetings between a body and more than one invited person | |
| Standard 27: | If you invite more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), you must ask each person whether they wish to use the Welsh language at the meeting. |
| Standard 27A: | If you have invited more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), and at least 10% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
| Standard 27B: | If you have invited more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), and at least 20% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
| Standard 27C: | If you have invited more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), and at least 30% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
| Standard 27CH: | If you have invited more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
| Standard 27D: | If you have invited more than one person to a meeting (which does not relate to the well-being of one or more of the individuals invited), and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
| Standard 28: | If you invite more than one person to a meeting, and that meeting relates to the well-being of one or more of the individuals invited, you must- (a) ask that individual or each of those individuals whether he or she wishes for the meeting to be conducted in Welsh, and (b) if that individual, or if each of those individuals, informs you that he or she 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 29: | If you invite more than one person to a meeting, and that meeting relates to the well-being of one or more of the individuals invited, you must- (a) ask that individual or each of those individuals whether he or she wishes to use the Welsh language at the meeting, and (b) inform that individual (or those individuals) that, if necessary, you will provide a translation service from Welsh to English and from English to Welsh for that purpose. |
| Standard 29A: | You must provide a simultaneous translation service from Welsh to English and from English to Welsh at a meeting- (a) if you have invited more than one person to the meeting, (b) if the meeting relates to the well-being of one or more of the individuals invited, and (c) if at least one of those individuals has informed you that he or she wishes to use the Welsh language at the meeting; unless you conduct the meeting in Welsh without the assistance of a translation service. |
| Standard 29B: | You must provide a consecutive translation service from Welsh to English and from English to Welsh at a meeting- (a) if you have invited more than one person to the meeting, (b) if the meeting relates to the well-being of one or more of the individuals invited, and (c) if at least one of those individuals has informed you that he or she wishes to use the Welsh language at the meeting; unless you conduct the meeting in Welsh without the assistance of a translation service. |
| 4 | Standards relating to meetings arranged by a body that are open to the public |
| Standard 30: | If you arrange a meeting that is open to the public you must state on any material advertising it, and on any invitation to it, that anyone attending is welcome to use the Welsh language at the meeting. |
| Standard 31: | When you send invitations to a meeting that you arrange which is open to the public, you must send the invitations in Welsh. |
| Standard 32: | If you invite persons to speak at a meeting that you arrange which is open to the public you must- (a) ask each person invited to speak whether he or she wishes to use the Welsh language, and (b) if that person (or at least one of those persons) has informed you that he or she wishes to use the Welsh language at the meeting, provide a simultaneous translation service from Welsh to English for that purpose (unless you conduct the meeting in Welsh without a translation service). |
| Standard 33: | If you arrange a meeting that is open to the public, you must ensure that a simultaneous translation service from Welsh to English is available at the meeting, and you must orally inform those present in Welsh- (a) that they are welcome to use the Welsh language, and (b) that a simultaneous translation service is available. |
| Standard 34: | If you display any written material at a meeting that you arrange which is open to the public, you must ensure that that material is displayed in Welsh, and you must not treat any Welsh language text less favourably than the English language text. |
| 5 | Standards relating to public events organised or funded by a body |
| Standard 35: | If you organise a public event, or fund at least 50% of a public event, you must ensure that, in promoting the event, the Welsh language is treated no less favourably than the English language (for example, in the way the event is advertised or publicised). |
| Standard 36: | If you organise a public event, or fund at least 50% of a public event, you must ensure that the Welsh language is treated no less favourably than the English language at the event (for example, in relation to services offered to persons attending the event, in relation to signs displayed at the event and in relation to audio announcements made at the event). |
| 6 | Standard relating to a body's publicity and advertising |
| Standard 37: | Any publicity or advertising material that you produce must be produced in Welsh, and if you produce the advertising material in Welsh and in English, you must not treat the Welsh language version less favourably than you treat the English language version. |
| 7 | Standards relating to a body displaying material in public |
| Standard 38: | Any material that you display in public must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than the English language version. |
| Standard 39: | Any material that you display at a public exhibition organised by you must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than you treat an English language version. |
| 8 | Standards relating to a body producing and publishing documents |
| Standard 40: | Any documents that you produce for public use must be produced in Welsh. |
| Standard 41: | If you produce the following documents you must produce them in Welsh- (a) agendas, minutes and other papers that are available to the public, which relate to management board or cabinet meetings; (b) agendas, minutes and other papers for meetings, conferences or seminars that are open to the public. |
| Standard 42: | Any licence or certificate you produce must be produced in Welsh. |
| Standard 43: | Any brochure, leaflet, pamphlet or card that you produce in order to provide information to the public must be produced in Welsh. |
| Standard 44: | If you produce the following documents, and they are available to the public, you must produce them in Welsh- (a) policies, strategies, annual reports and corporate plans; (b) guidelines and codes of practice; (c) consultation papers. |
| Standard 45: | Any rules that you publish that apply to the public must be published in Welsh. |
| Standard 46: | When you issue any statement to the press you must issue it in Welsh and, if there is a Welsh language version and an English language version of a statement, you must issue both versions at the same time. |
| Standard 47: | If you produce a document for public use, and no other standard has required you to produce the document in Welsh, you must produce it in Welsh- (a) if the subject matter of the document suggests that it should be produced in Welsh, or (b) if the anticipated audience, and their expectations, suggests that the document should be produced in Welsh. |
| Standard 48: | If you produce a document in Welsh and in English (whether separate versions or not), you must not treat any Welsh language version less favourably than you treat the English language version. |
| Standard 49: | If you produce a Welsh language version and a separate English language version of a document, you must ensure that the English language version clearly states that the document is also available in Welsh. |
| 9 | Standards relating to a body producing and publishing forms |
| Standard 50: | Any form that you produce for public use must be produced in Welsh. |
| Standard 50A: | If you produce a Welsh language version and a separate English language version of a form, you must ensure that the English language version clearly states that the form is also available in Welsh. |
| Standard 50B: | If you produce a form in Welsh and in English (whether separate versions or not), you must ensure that the Welsh language version is treated no less favourably than the English language version, and you must not differentiate between the Welsh and English versions in relation to any requirements that are relevant to the form (for example in relation to any deadline for submitting the form, or in relation to the time allowed to respond to the content of the form). |
| Standard 51: | If you pre-enter information on a Welsh language version of a form (for example, before sending it to a member of the public in order for him or her to check the content or to fill in the remainder of the form), you must ensure that the information that you pre-enter is in Welsh. |
| 10 | Standards relating to a body's websites and on-line services |
| (1) Websites published by a body | |
| Standard 52: | You must ensure that- (a) the text of each page of your website is available in Welsh, (b) every Welsh language page on your website is fully functional, and (c) the Welsh language is not treated less favourably than the English language on your website. |
| Standard 53: | You must ensure that- (a) the text of the homepage of your website is available in Welsh, (b) any Welsh language text on your homepage (or, where relevant, your Welsh language 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 website. |
| Standard 54: | You must ensure that when you publish a new page on your website 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 that page. |
| Standard 55: | If you have a Welsh language web page that corresponds to an English language web page, you must state clearly on the English language web page that the page is also available in Welsh, and you must provide a direct link to the Welsh page on the corresponding English page. |
| Standard 56: | You must provide the interface and menus on every page of your website in Welsh. |
| (2) Apps published by a body | |
| Standard 57: | All apps that you publish must function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that app. |
| 11 | Standards relating to a body's use of social media |
| Standard 58: | When you use social media you must not treat the Welsh language less favourably than the English language. |
| Standard 59: | If a person contacts you by social media in Welsh, you must reply in Welsh (if an answer is required). |
| 12 | Standard relating to self service machines |
| Standard 60: | You must ensure that any self service machines that you have function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that machine. |
| 13 | Standards relating to signs displayed by a body |
| Standard 61: | When you erect a new sign or renew a sign (including temporary signs), any text displayed on the sign must be displayed in Welsh (whether on the same sign as you display 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 62: | When you erect a new sign or renew a sign (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 63: | You must ensure that the Welsh language text on signs is accurate in terms of meaning and expression. |
| 14 | Standards relating to a body receiving visitors at its buildings |
| Standard 64: | Any reception service you make available in English must also be available in Welsh, and any person who requires a Welsh language reception service must not be treated less favourably that a person who requires an English language reception service. |
| Standard 65: | If you arrange a visit or appointment in advance for a person ("P") which will mean that P will come to your reception, you must ask P whether P wishes to receive a Welsh language reception service (unless you already know whether P wishes to receive that service in Welsh). |
| Standard 65A: | You must provide a face to face Welsh language reception service for a person ("P") at your reception if you have arranged a visit or appointment for P in advance and- (a) P has informed you in advance that P wishes to receive the service in Welsh, or (b) you are already aware that P wishes to receive the service in Welsh. |
| Standard 66: | If you have no face to face Welsh language reception service available, you must ensure that a Welsh language reception service is available over a phone in your reception. |
| Standard 67: | You must display a sign in your reception which states (in Welsh) that persons are welcome to use the Welsh language at the reception. |
| Standard 68: | You must ensure that staff at the reception who are able to provide a Welsh language reception service wear a badge to convey that. |
| 15 | Standards relating to official notices made by a body |
| Standard 69: | Any official notice that you publish or display must be published or displayed in Welsh, and you must not treat any Welsh language version of a notice less favourably than an English language version. |
| Standard 70: | When you publish or display an official notice that contains Welsh language text as well as English language text, the Welsh language text must be positioned so that it is likely to be read first. |
| 16 | Standards relating to a body awarding grants |
| Standard 71: | Any documents that you publish which relate to applications for a grant, must be published in Welsh, and you must not treat a Welsh language version of such documents less favourably than an English language version. |
| Standard 72: | When you invite applications for a grant, you must state in the invitation that applications may be submitted in Welsh and that any application submitted in Welsh will be treated no less favourably than an application submitted in English. |
| Standard 72A: | You must not treat applications for a grant submitted in Welsh less favourably than applications submitted in English (including, amongst other matters, in relation to the closing date for receiving applications and in relation to the time-scale for informing applicants of decisions). |
| Standard 73: | If you receive an application for a grant in Welsh and it is necessary to interview an applicant as part of your assessment of the application, you must offer to conduct that interview in Welsh and, if the applicant so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). |
| Standard 74: | If you receive an application for a grant in Welsh and it is necessary to interview the applicant as part of your assessment of the application you must- (a) offer to provide a translation service from Welsh to English to enable the applicant to use the Welsh language at the interview, and (b) if the applicant wishes to use the Welsh language at the interview, provide a simultaneous translation service for that purpose (unless you conduct the interview in Welsh without a translation service). |
| Standard 75: | When you inform an applicant of your decision in relation to an application for a grant, you must do so in Welsh if the application was submitted in Welsh. |
| 17 | Standards relating to a body awarding contracts |
| Standard 76: | Any invitations to tender for a contract that you publish must be published in Welsh, and you must not treat a Welsh language version of any invitation less favourably than an English language version. |
| Standard 77: | When you publish invitations to tender for a contract, you must state in the invitation that tenders may be submitted in Welsh, and that a tender submitted in Welsh will be treated no less favourably than a tender submitted in English. |
| Standard 77A: | You must not treat a tender for a contract submitted in Welsh less favourably than a tender submitted in English (including, amongst other matters, in relation to the closing date for receiving tenders, and in relation to the time-scale for informing tenderers of decisions). |
| Standard 78: | If you receive a tender in Welsh and it is necessary to interview a tenderer as part of your assessment of the tender, you must offer to conduct that interview in Welsh and, if the tenderer so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). |
| Standard 79: | If you receive a tender in Welsh and it is necessary to interview the tenderer as part of your assessment of the tender you must- (a) offer to provide a translation service from Welsh to English to enable the tenderer to use the Welsh language at the interview, and (b) if the tenderer wishes to use the Welsh language at the interview, provide a simultaneous translation service for that purpose (unless you conduct the interview in Welsh without a translation service). |
| Standard 80: | When you inform a tenderer of your decision in relation to a tender, you must do so in Welsh if the tender was submitted in Welsh. |
| 18 | Standards for raising awareness about Welsh language services provided by a body |
| Standard 81: | You must promote any Welsh language service that you provide, and advertise that service in Welsh. |
| Standard 82: | If you provide a service in Welsh that corresponds to a service you provide in English, any publicity or document that you produce, or website that you publish, which refers to the English service must also state that a corresponding service is available in Welsh. |
| 19 | Standard relating to a body's corporate identity |
| Standard 83: | When you form, revise or present your corporate identity, you must not treat the Welsh language less favourably than the English language. |
| 20 | Standards relating to courses offered by a body |
| Standard 84: | If you offer an education course that is open to the public, you must offer it in Welsh. |
| Standard 85: | If you offer an education course that is open to the public and which is aimed specifically at persons aged 18 or under, you must offer it in Welsh. |
| Standard 86: | If you develop an education course that is to be offered to the public, you must assess the need for that course to be offered in Welsh; and you must ensure that the assessment is published on your website. |
| 21 | Standard relating to public address systems used by a body |
| Standard 87: | When you announce a message over a public address system, you must make that announcement in Welsh and, if the announcement is made in Welsh and in English, the announcement must be made in Welsh first. |
| 22 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated). |
| Row | Column 1 | Column 2 |
|---|---|---|
| Main standard | Reliant standard | |
| Replying to correspondence | ||
| (1) | Standard 1 | Standard 7 |
| Corresponding with members of the same household | ||
| (2) | Standard 3 | Standard 6 |
| Corresponding with several persons | ||
| (3) | Standard 4 | Standard 6 |
| Standard 7 | ||
| General standards relating to correspondence | ||
| (4) | Standard 5 | Standard 6 |
| Standard 7 | ||
| Raising awareness about corresponding in Welsh | ||
| (5) | Standard 7 | Standard 1 |
| Receiving telephone calls | ||
| (6) | Standard 9 | One or more of the following: |
| Standard 10 | ||
| Standard 11 | ||
| Receiving telephone calls | ||
| (7) | Standards 10 or 11 | Standard 9 |
| Standard 14 | ||
| Raising awareness about telephone services in Welsh | ||
| (8) | Standard 14 | One or more of the following: |
| Standard 10 | ||
| Standard 11 | ||
| and alsoStandard 16, andStandard 17 | ||
| Meetings with one person | ||
| (9) | Standard 24 | One or more of the following: |
| Standard 24A | ||
| Standard 24B | ||
| Meetings with one person | ||
| (10) | Standards 24A or 24B | Standard 24 |
| Meetings with one person | ||
| (11) | Standard 26 | One or more of the following: |
| Standard 26A | ||
| Standard 26B | ||
| Meetings with one person | ||
| (12) | Standards 26A or 26B | Standard 26 |
| Meetings with more than one person | ||
| (13) | 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 | ||
| Meetings with more than one person | ||
| (14) | Standards 27A, 27B, 27C, 27CH or 27D | Standard 27 |
| Meetings with more than one person | ||
| (15) | Standard 29 | One or more of the following: |
| Standard 29A | ||
| Standard 29B | ||
| Meetings with more than one person | ||
| (16) | Standards 29A or 29B | Standard 29 |
| Public meetings | ||
| (17) | Standard 30 | Standard 33 |
| Public meetings | ||
| (18) | Standard 33 | Standard 30 |
| Documents | ||
| (19) | Standards 40, 41, 42, 43, 44, 45, or 47 | Standard 48 |
| Standard 49 | ||
| Forms | ||
| (20) | Standard 50 | Standard 50A |
| Standard 50B | ||
| Websites | ||
| (21) | Standards 52, 53 or 54 | Standard 55 |
| Signs | ||
| (22) | Standards 61 or 62 | Standard 63 |
| Reception | ||
| (23) | Standard 64 | Standard 67 |
| Standard 68 | ||
| Reception | ||
| (24) | Standard 65 | Standard 65A |
| Reception | ||
| (25) | Standard 66 | Standard 67 |
| Raising awareness of Welsh-language services in a reception | ||
| (26) | Standard 67 | One or more of the following: |
| Standard 64 | ||
| Standard 66 | ||
| Grants | ||
| (27) | Standard 72 | Standard 72A |
| Standard 75 | ||
| Grants | ||
| (28) | Standard 73 or 74 | Standard 72 |
| Standard 72A | ||
| Contracts | ||
| (29) | Standard 77 | Standard 77A |
| Standard 80 | ||
| Contracts | ||
| (30) | Standard 78 or 79 | Standard 77 |
| Standard 77A | ||
| 23 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
| 24 | 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. |
| 25 | 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. |
| 26 | 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). |
| 27 | 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. |
| 28 | 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 numbers in order to choose different options. |
| 29 | Where a standard refers to material that is to be produced in Welsh (with the exception of standards 52 to 57 (websites and apps), 58 and 59 (social media) and 76 (invitations to tender)), 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. |
| 30 | For the purposes of standards 40, 41, 44, 47 and 50, references to documents or other materials being available to the public or being produced for public use do not include documents or materials that are only available to the public by virtue of the Freedom of Information Act 2000 (c. 36). |
| 31 | (1) Standards 50, 50A and 50B 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 137A, 138 and 139 in relation to recruitment); (b)forms used when applying for grant assistance from a body (see standards 71 to 75 in relation to applications for grants); (c)forms used when submitting a tender to enter into a contract with a body (see standards 76 to 80 in relation to tendering for a contract). |
| 32 | Standards 40, 47, 48 and 49 do not apply to an enactment made by a body or to a draft enactment prepared by a body. |
| 33 | Standard 45 does not apply to rules specified in an enactment or in a draft enactment prepared by a body. |
| 34 | Standards 52 to 56 (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 40 to 49 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). |
| 35 | (1) For the purpose of standard 57 an ‘app' is a software application designed to undertake a specific task on an electronic device. (2) Standard 57 does not apply to any advertising material on an app (see standard 37 in relation to advertising material produced by a body). |
| 36 | For the purpose of standards 52 to 57 (websites and apps) and standards 58 and 59 (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. |
| 37 | (1) Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 58 and 59 in relation to social media). (2) Standards 52 to 57 (websites and apps) do not apply to social media (see standards 58 and 59 in relation to social media). |
| 38 | Standards 58 and 59 (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 40 to 49 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). |
| 39 | For the purpose of standard 60 (self service machines) reference to treating the Welsh language no less favourably than the English language include, 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. |
| 40 | For the purposes of standards 64 to 68 (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" includ e libraries, leisure centres, arts centres, advice centres and drop in centres. |
| 41 | For the purposes of standards 7, 69 and 70 an "official notice" means any notice that a body publishes to inform persons about service delivery activities or changes to service delivery activities, but it does not include official notices prescribed by an enactment. |
| 42 | For the purposes of standard 76 (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. |
| 43 | (1) For the purposes of standard 83, the reference to a body 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 83 does not apply to the extent that an enactment requires a body to use a legal name. |
| 44 | For the purposes of standards 84, 85 and 86 (courses), an "education course" means any seminar, training, workshop or similar provision which is provided in order to educate or to improve the skills of members of the public; but does not include activities or courses provided as part of the curriculum in accordance with any enactment. |
| 45 | 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 88: | 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 89: | 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 90: | 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 91: | 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 92: | 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 93: | 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 94: | You must produce and publish a policy on awarding grants (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- (a) what effects, if any (and whether positive or negative), the awarding of a grant 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 of grant) 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 of grant) 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 on- (i) opportunities for persons to use the Welsh language, and (ii) treating the Welsh language no less favourably than the English language. |
| Standard 95: | 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 96: | 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 97: | 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. |
| 2 | In Part 1 of this Schedule a "policy decision" means any decision made by a body about the exercise of its functions or about the conduct of its business or other undertaking, and it includes, amongst other things (and as appropriate to the body), decisions about- (a) the content of legislation; (b) the exercise of statutory powers; (c) the content of policy statements; (ch) strategies or strategic plans; (d) internal structures. |
| 3 | In Part 1 of this Schedule a reference to positive or adverse effects is a reference to such effects whether direct or indirect. |
Regulation 2(3)
| 1 | Standards relating to the use of the Welsh language within a body's internal administration |
| Standard 98: | 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 99: | 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 100: | 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 101: | 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 102: | 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 103: | 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 104: | 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 105: | If you publish a policy relating to behaviour in the workplace, you must publish it in Welsh. |
| Standard 106: | If you publish a policy relating to health and well-being at work, you must publish it in Welsh. |
| Standard 107: | If you publish a policy relating to salaries or workplace benefits, you must publish it in Welsh. |
| Standard 108: | If you publish a policy relating to performance management, you must publish it in Welsh. |
| Standard 109: | If you publish a policy about absence from work, you must publish it in Welsh. |
| Standard 110: | If you publish a policy relating to working conditions, you must publish it in Welsh. |
| Standard 111: | 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 112: | 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 112A: | 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, and (b) respond to a complaint made about him or about her in Welsh; and you must also inform each member of staff of that right. |
| Standard 113: | 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 114: | 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 115: | 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 116: | You must allow all members of staff to respond in Welsh to allegations made against them in any internal disciplinary process. |
| Standard 116A: | 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 117: | 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 118: | 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 119: | 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 120: | 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 121: | 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 122: | 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 home-page (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 123: | 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 124: | 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 125: | 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 126: | 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 127: | You must assess the Welsh languages skills of your employees. |
| Standard 128: | 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 129: | You must provide training (in Welsh) on using Welsh effectively in- (a) meetings; (b) interviews; and (c) complaints and disciplinary procedures. |
| Standard 130: | 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 131: | 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 132: | 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 133: | 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 134: | You must provide text 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 135: | 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. |
| 6 | Standards relating to a body recruiting and appointing |
| Standard 136: | 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 136A: | 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 137: | 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 137A: | 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 137B: | 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 time-scale for informing individuals of decisions). |
| Standard 138: | 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 139: | 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 140: | 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 141: | 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 142: | 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 143: | 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 144: | 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 | Column 2 |
|---|---|---|
| Main standard | Reliant standard | |
| Complaints procedures | ||
| (1) | Standard 112 | Standard 112A |
| Complaints procedures | ||
| (2) | Standard 112A | Standard 112 |
| Disciplining staff | ||
| (3) | Standard 116 | Standard 116A |
| Disciplining staff | ||
| (4) | Standard 116A | Standard 116 |
| Intranet | ||
| (5) | Standards 121, 122 or 123 | Standard 124 |
| Recruitment and appointments | ||
| (6) | Standard 136 | Standard 136A |
| Recruitment | ||
| (7) | Standard 137 | Standard 137A |
| Standard 137B | ||
| Standard 140 | ||
| Internal signs | ||
| (8) | Standard 141 | Standard 143 |
| 10 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
| 11 | For the purposes of standards 121, 122 and 123 (a body's intranet), 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); (b) when material is published on the intranet; 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. |
| 12 | For the purposes of standards 137A (recruitment) and 141 (internal signs), references to treating the Welsh language no less favourably than the English language includes, 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 or font of any text); (b) the size of the material; (c) the position and prominence of the material in any public area; (ch) when and how material is published, provided or exhibited; (d) the publication format of material. |
| 13 | For the purposes of the standards a requirement to publish, provide or display any written material in Welsh does not mean that material should be published, provided or, displayed in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
| 14 | Standards 121 to 124 (intranet) do not apply to- (a) documents to which a link is provided on the intranet, advertising material on the intranet, or to video and audio clips on the intranet (see standards 105 to 111 for specific provision in relation to documents); (b) information presented by persons on an interactive page published on a body's intranet (for example on a section for comments or on a discussion forum). |
| 15 | For the purposes of standards 136 and 136A only- (a) "post" includes a public appointment; (b) "public appointment" means any appointment to a public body or public office. |
Regulation 2(4)
| 1 | Standards relating to a body promoting the Welsh language |
| Standard 145: | You must produce, and publish on your website, a 5-year strategy that sets out how you propose to promote the Welsh language and to facilitate the use of the Welsh language more widely in your area; and the strategy must include (amongst other matters)- (a) a target (in terms of the percentage of speakers in your area) for increasing or maintaining the number of Welsh speakers in your area by the end of the 5 year period concerned, and (b) a statement setting out how you intend to reach that target; and you must review the strategy and publish a revised version on your website within 5 years of publishing a strategy (or of publishing a revised strategy). |
| Standard 146: | Five years after publishing a strategy in accordance with standard 145 you must- (a) assess to what extent you have followed that strategy and have reached the target set by it, and (b) publish that assessment on your website, ensuring that it contains the following information- (i) the number of Welsh speakers in your area, and the age of those speakers; (ii) a list of the activities that you have arranged or funded during the previous 5 years in order to promote the use of the Welsh language. |
| 2 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard of standards listed in column 2 of that row. |
| Row | Column 1 | Column 2 |
|---|---|---|
| Main standard | Reliant Standard | |
| Reviewing strategy | ||
| (1) | Standard 146 | Standard 145 |
Regulation 2(5)
| 1 | Standards relating to a body keeping records |
| Standard 147: | 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 148: | 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 149: | 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 150: | 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 151: | You must keep a record (following assessments of your employees' Welsh language skills made in accordance with standard 127), 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 152: | You must keep a record, for each financial year of- (a) the number of members of staff who attended training courses offered by you in Welsh (in accordance with standard 128), and (b) if a Welsh version of a course was offered by you in accordance with standard 128, the percentage of the total number of staff attending the course who attended that version. |
| Standard 153: | You must keep a copy of every assessment that you carry out (in accordance with standard 136) in respect of the Welsh language skills that may be needed in relation to a new or vacant post. |
| Standard 154: | 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 136) 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 147, 151, 152 and 154- (a) when a body is under a duty to comply with a standard for the first time, "financial year" means the period beginning with the day from which a body is under a duty to comply with a standard and ending with the following 31 March; (b) subject to that, "financial year" means the period of 12 months ending with 31 March. |
Regulation 2(6)
| 19 | A body publicising promotion standards |
| Standard 173: | You must ensure that a document which records the promotion 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 174: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the promotion standards with which you are under a duty to comply. |
| 21 | A body publicising record keeping standards |
| Standard 175: | 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. |
| 22 | A body providing information to the Welsh Language Commissioner |
| Standard 176: | You must provide any records you 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. |
| 23 | The standards specified in Part 1 to 5 must be interpreted as follows. |
| 24 | For the purposes of standards 158, 164 and 170- (a) when a body is under a duty to comply with a standard for the first time, "financial year" means the period beginning with the day from which a body is under a duty to comply with a standard and ending with the following 31 March; (b) subject to that, "financial year" means the period of 12 months ending with 31 March. |
| 25 | For the purpose of the standards a requirement to produce or publish any written material in Welsh does not mean that material should be produced or published in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
(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 the Welsh Ministers, county and county borough councils and National Park authorities (which are referred to in the Regulations as "bodies"). The Regulations also authorise (subject to certain exceptions) the Commissioner to give a compliance notice, in relation to standards specified by the Regulations, to those bodies.
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 that material must be displayed or provided in Welsh only, or that that service must only be provided in Welsh (unless that is specifically stated).
Schedule 1 to the Regulations specifies service delivery standards. Section 28 of the 2011 Measure provides that a "service delivery standard' means a standard that relates to a service delivery activity, and is intended to promote or facilitate the use of the Welsh language, or to work towards ensuring that the Welsh language is treated no less favourably than the English language when that activity is carried out. A "service delivery activity" means a person delivering services to another person, or dealing with any other person in connection with delivering services to that other person, or to a third person.
Schedule 2 to the Regulations specifies policy making standards. Section 29 of the 2011 Measure provides that a "policy making standard" means a standard that relates to a policy decision, and is intended to secure, or to contribute to securing, that the person making the policy decision considers one or more of the following-
(a)what effects, if any, (whether positive or adverse) the policy decision would have on opportunities for 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 promotion standards. Section 31 of the 2011 Measure states that a "promotion standard" means a standard (relating to any activity) that is intended to promote or facilitate the use of the Welsh language more widely.
Schedule 5 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 6 to the Regulations specifies standards that deal with supplementary matters. These are specific forms of service delivery standards, policy making standards, operational standards, promotion 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 5).
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.
2011 nawm 1.
