Welsh Statutory Instrument SI 2011 Wales

Welsh Language (Wales) Measure 2011

A Measure of the National Assembly for Wales to make provision about the official status of the Welsh language in Wales; to provide for a Welsh Language Partnership Council; to establish the Office of Welsh Language Commissioner; to provide for an Advisory Panel to the Welsh Language Commissioner; to make …

Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 73 obligations carry a fine up to £5,000. 1 carries different penalties and 68 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10

Plus 63 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

OFFICIAL STATUS OF THE WELSH LANGUAGE

0 of 1 section shown
1 other section in this Part — procedural and definitional
Part 2

THE WELSH LANGUAGE COMMISSIONER

10 of 21 sections shown
s.002 The Welsh Language Commissioner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • First Minister must appoint a Welsh Language CommissionerCrown / Minister / Government department
s.003 The Commissioner's principal aim (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must promote the use of WelshStatutory regulator
s.005 Production of 5-year reports (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must produce 5-year reportsStatutory regulator
s.006 5-year reports: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must publish and submit 5-year reportsStatutory regulator
s.012 Staff (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must appoint staff and seek Ministerial approvalStatutory regulator
s.014 Complaints procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must establish and publish a complaints procedureStatutory regulator
s.016 Welsh Ministers' power of direction (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers may give directions to the Welsh Language CommissionerCrown / Minister / Government department
s.017 Consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consider consultation responsesStatutory regulator
s.018 Annual reports (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must produce and publish annual reportsStatutory regulator
s.019 Annual reports: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must publish and submit annual reportsStatutory regulator
11 other sections in this Part — procedural and definitional
Part 3

ADVISORY PANEL TO THE WELSH LANGUAGE COMMISSIONER

1 of 2 sections shown
s.023 Advisory Panel (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must appoint an Advisory Panel for the Welsh Language CommissionerCrown / Minister / Government department
1 other section in this Part — procedural and definitional
Part 4

STANDARDS

18 of 46 sections shown
s.025 Duty to comply with a standard (opens in a new tab) Regulated
  • Comply with Welsh language standards specified in a compliance noticeAny Person
s.040 Duty to make standards specifically applicable (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must assign Welsh language standards to specific organisationsCrown / Minister / Government department
s.042 Duty to make certain service delivery standards specifically applicable (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must apply service delivery standards to relevant personsCrown / Minister / Government department
s.046 Imposition days (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulator must provide at least 6 months' notice for Welsh language standardsStatutory regulator
s.047 Consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consult before issuing a compliance noticeStatutory regulator
s.048 Giving compliance notices to contractors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must ensure contractor standards match public bodiesStatutory regulator
s.052 Publicising compliance notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must publish compliance noticesStatutory regulator
s.053 Cessation of requirement to comply with standard (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must update compliance noticesStatutory regulator
s.056 Applications to the Commissioner (opens in a new tab) Regulated
  • Apply in writing to challenge Welsh language standardsAny Person
s.057 Determining an application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must determine applications against standardsStatutory regulator
s.058 Right of appeal (opens in a new tab) Regulated
  • Appeal a Welsh Language Commissioner decision to the TribunalAny Person
s.059 Appeals from Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • High Court may overturn or remit Welsh Language Tribunal decisionsTribunal / Court
s.060 Postponement of imposition of duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must postpone duties while an appeal is activeStatutory regulator
s.063 Requirements when carrying out standards investigations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must ensure standards are reasonableStatutory regulator
s.064 Standards report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must produce and distribute standards reportsStatutory regulator
s.065 Direction to carry out standards investigation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must follow specific criteria when ordering a standards inquiryCrown / Minister / Government department
s.066 Welsh Ministers to have due regard to report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must consider standards reports when making decisionsCrown / Minister / Government department
s.068 Codes of practice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must issue and consult on codes of practiceStatutory regulator
28 other sections in this Part — procedural and definitional
Part 5

ENFORCEMENT OF STANDARDS

29 of 40 sections shown
s.072 Discontinuing an investigation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify reasons if an investigation is droppedStatutory regulator
s.073 Determination of investigation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must determine investigation resultsStatutory regulator
s.077 Failure to comply with a relevant requirement (opens in a new tab) Prosecution
  • Fail to comply with Welsh language standardsAny Person

Fine up to £5,000

s.078 No imposed enforcement action (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must provide reasons for enforcement decisionsStatutory regulator
s.079 Requirement to prepare action plan or take steps (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must issue enforcement notices for non-complianceStatutory regulator
s.080 Action plans (opens in a new tab) Regulated
  • Submit draft action plan to the Welsh Language Commissioner when requiredAny Person
s.082 Requiring the failure to comply to be publicised (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify you of publicity requirementsStatutory regulator
s.083 Civil penalties (opens in a new tab) Prosecution
  • Fail to comply with Welsh language standardsAny Person

Fine up to £5,000

s.084 Imposition of civil penalty (opens in a new tab) Prosecution
  • Fail to comply with Welsh language standardsAny Person

Fine up to £5,000

s.085 Consultation before final determination etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consult you before final investigation rulingsStatutory regulator
s.086 Consultation before final determination following an appeal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consult you before final appeal decisionsStatutory regulator
s.087 When enforcement action takes effect (opens in a new tab) Prosecution
  • Fail to comply with Welsh language enforcement actions or civil penaltiesAny Person

Fine up to £5,000

s.093 Consideration of whether to investigate if conduct complained about (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consider investigating valid complaintsStatutory regulator
s.094 Notification if no investigation etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify parties of investigation decisionsStatutory regulator
s.096 Powers of Tribunal on appeal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must decide on appeals against Welsh language enforcementTribunal / Court
s.097 Appeals from Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • High Court must determine errors of law in Welsh language appealsTribunal / Court
s.098 Commissioner's duty on an appeal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify complainants of appeal progressStatutory regulator
s.099 Right of appeal by P (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must hear appeals against Welsh Language Commissioner decisionsTribunal / Court
s.101 Appeals from Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • High Court must review Tribunal decisions for legal errorsTribunal / Court

amended 2 times (opens in a new tab)

s.102 Commissioner's duty on an appeal by P (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify you of appeal developmentsStatutory regulator

amended 2 times (opens in a new tab)

s.103 P's right of review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must review Welsh Language Commissioner decisions upon applicationTribunal / Court

amended 2 times (opens in a new tab)

s.105 Appeals from Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal and High Court must handle appeals on points of Welsh language lawTribunal / Court

amended 2 times (opens in a new tab)

s.106 Right to apply to be added as a party to proceedings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must notify parties and allow them to join Welsh language appealsTribunal / Court

amended 2 times (opens in a new tab)

s.107 Obstruction and contempt (opens in a new tab) Imprisonment
  • Obstructing a Welsh Language Commissioner investigationAny Person

2 years imprisonment · amended 2 times (opens in a new tab)

s.108 Enforcement policy document (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must publish enforcement policyStatutory regulator

amended 2 times (opens in a new tab)

s.109 Register of enforcement action (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must maintain a public register of enforcementStatutory regulator

amended 2 times (opens in a new tab)

11 other sections in this Part — procedural and definitional
Part 6

FREEDOM TO USE WELSH

9 of 9 sections shown
s.111 Application to Commissioner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must accept and investigate interference complaintsStatutory regulator

amended 2 times (opens in a new tab)

s.114 Deciding whether to investigate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must decide whether to investigate complaintsStatutory regulator

amended 2 times (opens in a new tab)

s.116 Discontinuing investigations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must notify parties if an investigation is stoppedStatutory regulator

amended 2 times (opens in a new tab)

s.117 Concluding investigations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must conclude investigations and notify partiesStatutory regulator

amended 2 times (opens in a new tab)

s.118 Reports (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consult before publishing reportsStatutory regulator

amended 2 times (opens in a new tab)

s.119 Annual report to Welsh Ministers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must report annually on language freedomStatutory regulator

amended 2 times (opens in a new tab)

Part 7

WELSH LANGUAGE TRIBUNAL

14 of 14 sections shown
s.120 The Welsh Language Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must appoint members to the Welsh Language TribunalCrown / Minister / Government department

amended 6 times (opens in a new tab)

s.121 Composition for proceedings before Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal President must select a three-member panel for proceedingsTribunal / Court

amended 2 times (opens in a new tab)

s.127 Staff, accommodation and other resources of Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must resource the Welsh Language TribunalCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.132 President's annual report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal President must produce and lay an annual reportTribunal / Court

amended 2 times (opens in a new tab)

s.133 Training etc for members of Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal President must provide training and welfare for membersTribunal / Court

amended 2 times (opens in a new tab)

Part 8

GENERAL

9 of 9 sections shown
s.134 Register of interests (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Relevant office holders must maintain a bilingual register of interestsTribunal / Court

amended 2 times (opens in a new tab)

s.135 Publication of registers of interests (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must publish registers of interestsStatutory regulator

amended 2 times (opens in a new tab)

s.136 Conflicts of interest (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must delegate functions if a conflict of interest existsStatutory regulator

amended 2 times (opens in a new tab)

Part 9

WELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC

5 of 5 sections shown
Part 10

WELSH MINISTERS' WELSH LANGUAGE STRATEGY

2 of 2 sections shown
Part 11

SUPPLEMENTARY

8 of 8 sections shown
Schedules

Schedules

3 of 113 shown
s.sch002 INQUIRIES BY THE COMMISSIONER (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Language Commissioner must consult and notify before and after inquiriesStatutory regulator
s.sch004 MEMBERS OF THE ADVISORY PANEL (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must appoint and manage the Welsh Language Advisory PanelCrown / Minister / Government department
s.sch010 COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC (opens in a new tab) Regulated
  • Provide information or evidence to the Welsh Language CommissionerAny Person
110 other schedules
s.sch001 (1) The Commissioner is a corporation sole.
s.sch001 A person ceases to be Commissioner if the person is...
s.sch001 The First Minister may dismiss the Commissioner if the First...
s.sch001 The Welsh Ministers may make a payment to a person...
s.sch001 A person is disqualified from being Commissioner on grounds of...
s.sch001 The Welsh Ministers may pay the Commissioner such amounts, at...
s.sch001 (1) The Commissioner's first financial year is the period that...
s.sch001 (1) The Commissioner is the accounting officer for the office...
s.sch001 (1) For each financial year other than the first, the...
s.sch001 (1) The Commissioner must— (a) keep proper accounting records, and...
s.sch001 (1) The Commissioner must submit the accounts prepared for a...
s.sch001 (1) The validity of an act of a person as...
s.sch001 (1) The Auditor General for Wales may carry out examinations...
s.sch001 In this Schedule— “appointment regulations” (“”) means regulations made under...
s.sch001 (1) In appointing the Commissioner, the First Minister—
s.sch001 (1) The Welsh Ministers may pay remuneration to the Commissioner....
s.sch001 (1) The Commissioner holds office subject to the terms of...
s.sch001 (1) A person appointed as Commissioner holds the office (by...
s.sch001 (1) The Welsh Ministers must, by regulations, make provision about...
s.sch001 (1) The First Minister may, by order—
s.sch001 The Commissioner may resign from office if he or she...
s.sch002 This Schedule applies to inquiries under section 7.
s.sch002 Before conducting an inquiry, the Commissioner must prepare the terms...
s.sch002 (1) This paragraph applies if the terms of reference relate...
s.sch002 (1) This paragraph applies if the terms of reference do...
s.sch002 Paragraph 3 or 4 applies to any change in the...
s.sch002 (1) The Commissioner must make arrangements for giving persons an...
s.sch002 (1) The Commissioner must consider representations made in relation to...
s.sch002 (1) The Commissioner must prepare a report of his or...
s.sch003 Amend the Care Standards Act 2000 as follows.
s.sch003 In section 75ZA (Children's Commissioner for Wales: working with the...
s.sch003 In section 76 (further functions) in subsection (5), after paragraph...
s.sch003 Amend the Public Services Ombudsman (Wales) Act 2005 as follows....
s.sch003 In section 25A (working jointly with Commissioner for Older People...
s.sch003 In section 25B (working collaboratively with the Commissioner for Older...
s.sch003 Amend the Commissioner for Older People (Wales) Act 2006 as...
s.sch003 In section 15 (reports following discharge of particular functions), in...
s.sch003 In section 17 (working collaboratively with other ombudsmen)—
s.sch004 (1) In appointing a member of the Advisory Panel, the...
s.sch004 A person is disqualified from being a member of the...
s.sch004 In this Schedule “appointment regulations” means regulations made under paragraph...
s.sch004 (1) The Welsh Ministers may pay remuneration to the members...
s.sch004 (1) A member of the Advisory Panel holds office subject...
s.sch004 (1) A person appointed as a member of the Advisory...
s.sch004 (1) The Welsh Ministers must, by regulations, make provision about...
s.sch004 A member of the Advisory Panel may resign from office...
s.sch004 A person ceases to be a member of the Advisory...
s.sch004 (1) The Welsh Ministers may dismiss a member of the...
s.sch004 The Welsh Ministers may make a payment to a person...
s.sch005 (1) The Welsh Ministers may, by order, amend entry (5)...
s.sch005 For the purposes of entry (8) in the table—
s.sch005 In this Schedule— “public authority” (“awdurdod cyhoeddus”) means each public...
s.sch006 The table has effect subject to the following provisions—
s.sch006 In this Schedule— “Act” (“Deddf”) means an Act of Parliament...
s.sch007 (1) The references in the table to “related services” do...
s.sch007 In this Schedule— “bus services” (“”) means a scheduled service,...
s.sch008 (1) Expressions used in this Schedule and in Schedule 7...
s.sch008 References to the provision of a service to the public...
s.sch008 In this Schedule— “licensed gas supplier” (“”) means the holder...
s.sch008 In this Schedule— “licensed electricity supplier” (“cyflenwr trydan trwyddedig” )...
s.sch008 In this Schedule “not for profit organisation” means a person...
s.sch008 In this Schedule “passenger railway services” includes (but is not...
s.sch008 In this Schedule the references to “related services” do not...
s.sch009 These are the activities referred to in section 42(2)— correspondence;...
s.sch010 This Schedule applies to investigations under section 71.
s.sch010 A may apply to the Tribunal to have the notice...
s.sch010 (1) This paragraph applies where the Commissioner thinks that A—...
s.sch010 (1) The Commissioner, or any person authorised by the Commissioner,...
s.sch010 (1) Before conducting an investigation, the Commissioner must prepare the...
s.sch010 (1) The Commissioner must make arrangements for giving persons an...
s.sch010 (1) The Commissioner must consider representations made in relation to...
s.sch010 (1) In the course of an investigation, the Commissioner may...
s.sch010 (1) This paragraph applies if, in the course of an...
s.sch010 A notice under paragraph 5— (a) may not require a...
s.sch010 (1) A must disregard a notice given under paragraph 5,...
s.sch010 A may apply to the Tribunal to have the notice...
s.sch011 (1) The Welsh Ministers must from time to time determine...
s.sch011 (1) The President may resign from the Tribunal if he...
s.sch011 A person ceases to be a member of the Tribunal...
s.sch011 (1) The Welsh Ministers may dismiss a member of the...
s.sch011 (1) A person is disqualified from membership of the Tribunal...
s.sch011 (1) A person is disqualified from membership of the Tribunal...
s.sch011 A person is disqualified from appointment as President or as...
s.sch011 (1) A person is disqualified from appointment as President on...
s.sch011 A person is disqualified from appointment as President or as...
s.sch011 In this Schedule “appointment regulations” means regulations made under paragraph...
s.sch011 (1) The Welsh Ministers must from time to time determine...
s.sch011 (1) The Welsh Ministers may appoint a person to be...
s.sch011 (1) The Welsh Ministers may appoint a person to be...
s.sch011 (1) The Welsh Ministers may appoint a person to be...
s.sch011 (1) The Welsh Ministers may pay remuneration to the members...
s.sch011 (1) A member of the Tribunal holds office subject to...
s.sch011 (1) A person appointed to be a member of the...
s.sch011 (1) The Welsh Ministers may, by regulations, make provision about...
s.sch011 A member of a tribunal listed in section 59 of...
s.sch012 (1) The Welsh Ministers may, by order, make provision for...
s.sch012 (1) Without prejudice to paragraph 1, the Welsh Ministers may,...
s.sch012 If the functions conferred on the Board by section 3...
s.sch012 Any reference to the Board in the 1993 Act is...
s.sch012 (1) Anything (including legal proceedings) which relates to—
s.sch012 In this Schedule— “1993 Act” (“”) has the meaning given...

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