Welsh Language (Wales) Measure 2011 (nawm1) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 OFFICIAL STATUS OF THE WELSH LANGUAGE
1.Official status of the Welsh language
PART 2 THE WELSH LANGUAGE COMMISSIONER
The Commissioner
2.The Welsh Language Commissioner
General duty
3.The Commissioner’s principal aim
Functions
4.Promoting and facilitating use of Welsh and treating Welsh no less favourably than English
5.Production of 5-year reports
6.5-year reports: supplementary
7.Inquiries
8.Judicial review and other legal proceedings
9.Legal assistance
10.Legal assistance: costs
11.Powers
12.Staff
13.Exercise of Commissioner’s functions by staff
14.Complaints procedure
15.Seal and validity of documents
16.Welsh Ministers' power of direction
17.Consultation
Annual reports
18.Annual reports
19.Annual reports: supplementary
Working with other ombudsmen, commissioners etc
20.Working jointly with the Public Services Ombudsman for Wales
21.Working collaboratively with ombudsmen, commissioners etc
Disclosure of information
22.Power to disclose information
PART 3 ADVISORY PANEL TO THE WELSH LANGUAGE COMMISSIONER
23.Advisory Panel
24.Consultation
PART 4 STANDARDS
CHAPTER 1 DUTY TO COMPLY WITH STANDARDS
25.Duty to comply with a standard
CHAPTER 2 STANDARDS AND THEIR SPECIFICATION
Specification of standards
26.Welsh Ministers to specify standards
27.Specification of standards: supplementary provision
Service delivery standards
28.Service delivery standards
Policy making standards
29.Policy making standards
Operational standards
30.Operational standards
Promotion standards
31.Promotion standards
Record keeping standards
32.Record keeping standards
CHAPTER 3 PERSONS LIABLE TO BE REQUIRED TO COMPLY WITH STANDARDS
33.Persons liable to be required to comply with standards
34.Persons who are within Schedules 5, 6, 7 and 8
35.Amendment of persons and categories specified in Schedules 6 and 8
CHAPTER 4 STANDARDS POTENTIALLY APPLICABLE
36.Persons within Schedule 6
37.Persons within Schedule 8
38.Amendment of standards potentially applicable
CHAPTER 5 STANDARDS THAT ARE SPECIFICALLY APPLICABLE
39.Standards that are specifically applicable
40.Duty to make standards specifically applicable
41.Different standards relating to particular conduct
42.Duty to make certain service delivery standards specifically applicable
43.Limitation on power to make standards specifically applicable
CHAPTER 6 COMPLIANCE NOTICES
Compliance notices
44.Compliance notices
Giving compliance notices
45.Giving compliance notices to any person
46.Imposition days
47.Consultation
48.Giving compliance notices to contractors
Varying compliance notices
49.Varying compliance notices
Revoking compliance notices
50.Revoking compliance notices
When compliance notice in force
51.When compliance notice in force
Publicising compliance notices
52.Publicising compliance notices
Cessation of requirement to comply with standard
53.Cessation of requirement to comply with standard
CHAPTER 7 RIGHT OF CHALLENGE
54.Challenging future duties
55.Challenging existing duties
56.Applications to the Commissioner
57.Determining an application
58.Right of appeal
59.Appeals from Tribunal
60.Postponement of imposition of duty
CHAPTER 8 STANDARDS INVESTIGATIONS AND REPORTS
Standards investigations
61.Standards investigations
62.Power to carry out standards investigations
63.Requirements when carrying out standards investigations
Standards reports
64.Standards report
Welsh Ministers' power of direction
65.Direction to carry out standards investigation
Regard to be had to standards report
66.Welsh Ministers to have due regard to report
CHAPTER 9 GENERAL
Exception for broadcasting
67.Exception for broadcasting
Codes of practice
68.Codes of practice
69.Failure to comply with codes
Interpretation
70.Interpretation
PART 5 ENFORCEMENT OF STANDARDS
CHAPTER 1 INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
Investigations
71.Investigating failure to comply with standards etc
72.Discontinuing an investigation
Determination of investigation
73.Determination of investigation
Investigation reports
74.Investigation reports
Decision notices
75.Decision notices
No failure to comply: Commissioner’s options
76.No failure to comply with a relevant requirement
Failure to comply: Commissioner’s options
77.Failure to comply with a relevant requirement
No imposed enforcement action
78.No imposed enforcement action
Preventing continuation or repetition of D’s failure
79.Requirement to prepare action plan or take steps
80.Action plans
Publicising D’s failure to comply
81.Publicising the failure to comply
82.Requiring the failure to comply to be publicised
Civil penalties
83.Civil penalties
84.Imposition of civil penalty
Consultation
85.Consultation before final determination etc
86.Consultation before final determination following an appeal
When enforcement action takes effect
87.When enforcement action takes effect
Enforcement by county court
88.Failure to comply with requirement to take steps
89.Failure to comply with action plan
90.Failure to comply with requirement to publicise failure to comply
CHAPTER 2 SETTLEMENT AGREEMENTS
91.Settlement agreements
92.Failure to comply with settlement agreement
CHAPTER 3 NON-COMPLIANCE WITH STANDARDS: COMPLAINTS BY PERSONS AFFECTED
93.Consideration of whether to investigate if conduct complained about
94.Notification if no investigation etc
CHAPTER 4 APPEALS
95.Appeals to the Tribunal
96.Powers of Tribunal on appeal
97.Appeals from Tribunal
98.Commissioner’s duty on an appeal
CHAPTER 5 APPEALS BY THE COMPLAINANT
Appeals against a determination that D has not failed to comply with a standard
99.Right of appeal by P
100.Powers of Tribunal on appeal by P
101.Appeals from Tribunal
102.Commissioner’s duty on an appeal by P
CHAPTER 6 REVIEW BY THE COMPLAINANT
Review of Commissioner’s failure to investigate a complaint
103.P’s right of review
104.Powers of Tribunal on review
105.Appeals from Tribunal
CHAPTER 7 ADDING A PARTY TO PROCEEDINGS
106.Right to apply to be added as a party to proceedings
CHAPTER 8 GENERAL
Obstruction and contempt
107.Obstruction and contempt
Enforcement policy document
108.Enforcement policy document
Register of enforcement action
109.Register of enforcement action
Interpretation
110.Interpretation
PART 6 FREEDOM TO USE WELSH
111.Application to Commissioner
112.Welsh communications
113.Interference with freedom to use Welsh
114.Deciding whether to investigate
115.Investigations
116.Discontinuing investigations
117.Concluding investigations
118.Reports
119.Annual report to Welsh Ministers
PART 7 WELSH LANGUAGE TRIBUNAL
The Tribunal
120.The Welsh Language Tribunal
121.Composition for proceedings before Tribunal
122.Hearings in public
Practice and procedure etc
123.Welsh Language Tribunal Rules
124.Practice directions
125.Guidance, advice and information
126.Supplementary powers
Staff and other resources
127.Staff, accommodation and other resources of Tribunal
128.Specially qualified advisers
Administrative matters
129.Seal
130.Financial year
131.Vacancy in the office of President
Reports, reviews and performance
132.President’s annual report
133.Training etc for members of Tribunal
PART 8 GENERAL
CHAPTER 1 INTEGRITY
134.Register of interests
135.Publication of registers of interests
136.Conflicts of interest
137.Validity of acts
138.Regulations
139.Interpretation of this Chapter
CHAPTER 2 DEFAMATION
140.Absolute privilege
141.Interpretation of this Chapter
CHAPTER 3 RESTRICTIONS
142.Restrictions
PART 9 WELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC
143.Abolition of Board and transfer of functions
144.Abolition of Board’s general functions and replacement of schemes with standards
145.Replacement of Welsh language schemes with standards
146.Other provision
147.Supplementary
PART 10 WELSH MINISTERS' WELSH LANGUAGE STRATEGY
148.Welsh Ministers to prepare an action plan
149.The Welsh Language Partnership Council
PART 11 SUPPLEMENTARY
150.Orders and regulations
151.Directions
152.Notices etc
153.Interpretation of this Measure
154.Transitional and consequential provision etc
155.Extent
156.Commencement
157.Short title
SCHEDULE 1
THE WELSH LANGUAGE COMMISSIONER
PART 1 STATUS ETC
1.Status
2.Validity of acts
PART 2 APPOINTMENT
3.Appointment
4.Remuneration, allowances and pensions
5.Terms of appointment
6.Duration of appointment
7.Appointment regulations
8.Delegation of appointment functions etc
PART 3 END OF APPOINTMENT
9.Resignation
10.Disqualification
11.Dismissal
12.Payments on ceasing to hold office
PART 4 DISQUALIFICATION FROM BEING COMMISSIONER
13.A person is disqualified from being Commissioner on grounds of...
PART 5 FINANCIAL MATTERS
14.Payments by the Welsh Ministers
15.Financial year
16.Accounting officer
17.Estimates
18.Accounts
19.Audit
20.Examinations into the use of resources
PART 6 GENERAL
21.Interpretation
SCHEDULE 2
INQUIRIES BY THE COMMISSIONER
1.Introduction
2.Terms of reference
3.(1) This paragraph applies if the terms of reference relate...
4.(1) This paragraph applies if the terms of reference do...
5.Paragraph 3 or 4 applies to any change in the...
6.Representations
7.(1) The Commissioner must consider representations made in relation to...
8.Reports on inquiries
SCHEDULE 3
AMENDMENTS ABOUT JOINT AND COLLABORATIVE WORKING
1.Care Standards Act 2000
2.In section 75ZA (Children’s Commissioner for Wales: working with the...
3.In section 76 (further functions) in subsection (5), after paragraph...
4.Public Services Ombudsman (Wales) Act 2005
5.In section 25A (working jointly with Commissioner for Older People...
6.In section 25B (working collaboratively with the Commissioner for Older...
7.Commissioner for Older People (Wales) Act 2006
8.In section 15 (reports following discharge of particular functions), in...
9.In section 17 (working collaboratively with other ombudsmen)—
SCHEDULE 4
MEMBERS OF THE ADVISORY PANEL
PART 1 APPOINTMENT
1.Appointment
2.Remuneration, allowances and pensions
3.Terms of appointment
4.Duration of appointment
5.Appointment regulations
PART 2 END OF APPOINTMENT
6.Resignation
7.Disqualification from membership
8.Dismissal
9.Payments on ceasing to hold office
PART 3 DISQUALIFICATION
10.Disqualification on grounds of employment
PART 4 GENERAL
11.Interpretation
SCHEDULE 5
CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 6
1.Entry (5): amendment by order
2.Entry (8): interpretation etc
3.Interpretation
SCHEDULE 6
PUBLIC BODIES ETC: STANDARDS
1.Interpretation etc
2.In this Schedule— “Act” (“Deddf”) means an Act of Parliament...
SCHEDULE 7
CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 8
1.Services provided in shops: exclusions
2.Interpretation
SCHEDULE 8
OTHER BODIES: STANDARDS
1.Interpretation
2.References to the provision of a service to the public...
3.Gas
4.Electricity
5.Postal services
6.Railways
7.Related services
SCHEDULE 9
ACTIVITIES IN RELATION TO WHICH SERVICE DELIVERY STANDARDS MUST BE SPECIFIED
SCHEDULE 10
COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC
PART 1 GENERAL
1.Introduction
2.Terms of reference
3.Representations
4.(1) The Commissioner must consider representations made in relation to...
PART 2 INFORMATION, DOCUMENTS AND ORAL EVIDENCE
5.Evidence notices
6.(1) This paragraph applies if, in the course of an...
7.Confidentiality etc
8.(1) A must disregard a notice given under paragraph 5,...
9.Appeals
10.A may apply to the Tribunal to have the notice...
11.Enforcement
PART 3 POWER OF ENTRY AND INSPECTION
12.Power of entry and inspection
SCHEDULE 11
THE WELSH LANGUAGE TRIBUNAL
PART 1 NUMBER OF MEMBERS OF THE TRIBUNAL
1.Legally-qualified members
2.Lay members
PART 2 APPOINTMENT
3.The President
4.Legally-qualified members
5.Lay members
6.Remuneration etc
7.Terms of appointment
8.Duration of appointment
9.Appointment regulations
PART 3 END OF APPOINTMENT
10.Resignation
11.Disqualification from membership
12.Dismissal
PART 4 DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT
13.Disqualification from membership: employment
14.Disqualification from membership: unsuitability
15.Disqualification from appointment: age
16.Disqualification from appointment: previous appointment
17.Disqualification from appointment: previous dismissal from office
PART 5 GENERAL
18.Interpretation
SCHEDULE 12
ABOLITION OF WELSH LANGUAGE BOARD: OTHER PROVISION
1.Staff of the Board
2.Property, rights and liabilities of the Board
3.Modification of 1993 Act in relation to functions transferred to Welsh Ministers
4.References to the Board
5.Continuation of legal proceedings, validity of acts etc
6.Interpretation