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Welsh Language (Wales) Measure 2011

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  1. Introductory Text

  2. PART 1 OFFICIAL STATUS OF THE WELSH LANGUAGE

    1. 1.Official status of the Welsh language

  3. PART 2 THE WELSH LANGUAGE COMMISSIONER

    1. The Commissioner

      1. 2.The Welsh Language Commissioner

    2. General duty

      1. 3.The Commissioner's principal aim

    3. Functions

      1. 4.Promoting and facilitating use of Welsh and treating Welsh no less favourably than English

      2. 5.Production of 5-year reports

      3. 6.5-year reports: supplementary

      4. 7.Inquiries

      5. 8.Judicial review and other legal proceedings

      6. 9.Legal assistance

      7. 10.Legal assistance: costs

      8. 11.Powers

      9. 12.Staff

      10. 13.Exercise of Commissioner's functions by staff

      11. 14.Complaints procedure

      12. 15.Seal and validity of documents

      13. 16.Welsh Ministers' power of direction

      14. 17.Consultation

    4. Annual reports

      1. 18.Annual reports

      2. 19.Annual reports: supplementary

    5. Working with other ombudsmen, commissioners etc

      1. 20.Working jointly with the Public Services Ombudsman for Wales

      2. 21.Working collaboratively with ombudsmen, commissioners etc

    6. Disclosure of information

      1. 22.Power to disclose information

  4. PART 3 ADVISORY PANEL TO THE WELSH LANGUAGE COMMISSIONER

    1. 23.Advisory Panel

    2. 24.Consultation

  5. PART 4 STANDARDS

    1. CHAPTER 1 DUTY TO COMPLY WITH STANDARDS

      1. 25.Duty to comply with a standard

    2. CHAPTER 2 STANDARDS AND THEIR SPECIFICATION

      1. Specification of standards

        1. 26.Welsh Ministers to specify standards

        2. 27.Specification of standards: supplementary provision

      2. Service delivery standards

        1. 28.Service delivery standards

      3. Policy making standards

        1. 29.Policy making standards

      4. Operational standards

        1. 30.Operational standards

      5. Promotion standards

        1. 31.Promotion standards

      6. Record keeping standards

        1. 32.Record keeping standards

    3. CHAPTER 3 PERSONS LIABLE TO BE REQUIRED TO COMPLY WITH STANDARDS

      1. 33.Persons liable to be required to comply with standards

      2. 34.Persons who are within Schedules 5, 6, 7 and 8

      3. 35.Amendment of persons and categories specified in Schedules 6 and 8

    4. CHAPTER 4 STANDARDS POTENTIALLY APPLICABLE

      1. 36.Persons within Schedule 6

      2. 37.Persons within Schedule 8

      3. 38.Amendment of standards potentially applicable

    5. CHAPTER 5 STANDARDS THAT ARE SPECIFICALLY APPLICABLE

      1. 39.Standards that are specifically applicable

      2. 40.Duty to make standards specifically applicable

      3. 41.Different standards relating to particular conduct

      4. 42.Duty to make certain service delivery standards specifically applicable

      5. 43.Limitation on power to make standards specifically applicable

    6. CHAPTER 6 COMPLIANCE NOTICES

      1. Compliance notices

        1. 44.Compliance notices

      2. Giving compliance notices

        1. 45.Giving compliance notices to any person

        2. 46.Imposition days

        3. 47.Consultation

        4. 48.Giving compliance notices to contractors

      3. Varying compliance notices

        1. 49.Varying compliance notices

      4. Revoking compliance notices

        1. 50.Revoking compliance notices

      5. When compliance notice in force

        1. 51.When compliance notice in force

      6. Publicising compliance notices

        1. 52.Publicising compliance notices

      7. Cessation of requirement to comply with standard

        1. 53.Cessation of requirement to comply with standard

    7. CHAPTER 7 RIGHT OF CHALLENGE

      1. 54.Challenging future duties

      2. 55.Challenging existing duties

      3. 56.Applications to the Commissioner

      4. 57.Determining an application

      5. 58.Right of appeal

      6. 59.Appeals from Tribunal

      7. 60.Postponement of imposition of duty

    8. CHAPTER 8 STANDARDS INVESTIGATIONS AND REPORTS

      1. Standards investigations

        1. 61.Standards investigations

        2. 62.Power to carry out standards investigations

        3. 63.Requirements when carrying out standards investigations

      2. Standards reports

        1. 64.Standards report

      3. Welsh Ministers' power of direction

        1. 65.Direction to carry out standards investigation

      4. Regard to be had to standards report

        1. 66.Welsh Ministers to have due regard to report

    9. CHAPTER 9 GENERAL

      1. Exception for broadcasting

        1. 67.Exception for broadcasting

      2. Codes of practice

        1. 68.Codes of practice

        2. 69.Failure to comply with codes

      3. Interpretation

        1. 70.Interpretation

  6. PART 5 ENFORCEMENT OF STANDARDS

    1. CHAPTER 1 INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

      1. Investigations

        1. 71.Investigating failure to comply with standards etc

        2. 72.Discontinuing an investigation

      2. Determination of investigation

        1. 73.Determination of investigation

      3. Investigation reports

        1. 74.Investigation reports

      4. Decision notices

        1. 75.Decision notices

      5. No failure to comply: Commissioner's options

        1. 76.No failure to comply with a relevant requirement

      6. Failure to comply: Commissioner's options

        1. 77.Failure to comply with a relevant requirement

      7. No imposed enforcement action

        1. 78.No imposed enforcement action

      8. Preventing continuation or repetition of D's failure

        1. 79.Requirement to prepare action plan or take steps

        2. 80.Action plans

      9. Publicising D's failure to comply

        1. 81.Publicising the failure to comply

        2. 82.Requiring the failure to comply to be publicised

      10. Civil penalties

        1. 83.Civil penalties

        2. 84.Imposition of civil penalty

      11. Consultation

        1. 85.Consultation before final determination etc

        2. 86.Consultation before final determination following an appeal

      12. When enforcement action takes effect

        1. 87.When enforcement action takes effect

      13. Enforcement by county court

        1. 88.Failure to comply with requirement to take steps

        2. 89.Failure to comply with action plan

        3. 90.Failure to comply with requirement to publicise failure to comply

    2. CHAPTER 2 SETTLEMENT AGREEMENTS

      1. 91.Settlement agreements

      2. 92.Failure to comply with settlement agreement

    3. CHAPTER 3 NON-COMPLIANCE WITH STANDARDS: COMPLAINTS BY PERSONS AFFECTED

      1. 93.Consideration of whether to investigate if conduct complained about

      2. 94.Notification if no investigation etc

    4. CHAPTER 4 APPEALS

      1. 95.Appeals to the Tribunal

      2. 96.Powers of Tribunal on appeal

      3. 97.Appeals from Tribunal

      4. 98.Commissioner's duty on an appeal

    5. CHAPTER 5 APPEALS BY THE COMPLAINANT

      1. Appeals against a determination that D has not failed to comply with a standard

        1. 99.Right of appeal by P

        2. 100.Powers of Tribunal on appeal by P

        3. 101.Appeals from Tribunal

        4. 102.Commissioner's duty on an appeal by P

    6. CHAPTER 6 REVIEW BY THE COMPLAINANT

      1. Review of Commissioner's failure to investigate a complaint

        1. 103.P's right of review

        2. 104.Powers of Tribunal on review

        3. 105.Appeals from Tribunal

    7. CHAPTER 7 ADDING A PARTY TO PROCEEDINGS

      1. 106.Right to apply to be added as a party to proceedings

    8. CHAPTER 8 GENERAL

      1. Obstruction and contempt

        1. 107.Obstruction and contempt

      2. Enforcement policy document

        1. 108.Enforcement policy document

      3. Register of enforcement action

        1. 109.Register of enforcement action

      4. Interpretation

        1. 110.Interpretation

  7. PART 6 FREEDOM TO USE WELSH

    1. 111.Application to Commissioner

    2. 112.Welsh communications

    3. 113.Interference with freedom to use Welsh

    4. 114.Deciding whether to investigate

    5. 115.Investigations

    6. 116.Discontinuing investigations

    7. 117.Concluding investigations

    8. 118.Reports

    9. 119.Annual report to Welsh Ministers

  8. PART 7 WELSH LANGUAGE TRIBUNAL

    1. The Tribunal

      1. 120.The Welsh Language Tribunal

      2. 121.Composition for proceedings before Tribunal

      3. 122.Hearings in public

    2. Practice and procedure etc

      1. 123.Welsh Language Tribunal Rules

      2. 124.Practice directions

      3. 125.Guidance, advice and information

      4. 126.Supplementary powers

    3. Staff and other resources

      1. 127.Staff, accommodation and other resources of Tribunal

      2. 128.Specially qualified advisers

    4. Administrative matters

      1. 129.Seal

      2. 130.Financial year

      3. 131.Vacancy in the office of President

    5. Reports, reviews and performance

      1. 132.President's annual report

      2. 133.Training etc for members of Tribunal

  9. PART 8 GENERAL

    1. CHAPTER 1 INTEGRITY

      1. 134.Register of interests

      2. 135.Publication of registers of interests

      3. 136.Conflicts of interest

      4. 137.Validity of acts

      5. 138.Regulations

      6. 139.Interpretation of this Chapter

    2. CHAPTER 2 DEFAMATION

      1. 140.Absolute privilege

      2. 141.Interpretation of this Chapter

    3. CHAPTER 3 RESTRICTIONS

      1. 142.Restrictions

  10. PART 9 WELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC

    1. 143.Abolition of Board and transfer of functions

    2. 144.Abolition of Board's general functions and replacement of schemes with standards

    3. 145.Replacement of Welsh language schemes with standards

    4. 146.Other provision

    5. 147.Supplementary

  11. PART 10 WELSH MINISTERS' WELSH LANGUAGE STRATEGY

    1. 148.Welsh Ministers to prepare an action plan

    2. 149.The Welsh Language Partnership Council

  12. PART 11 SUPPLEMENTARY

    1. 150.Orders and regulations

    2. 151.Directions

    3. 152.Notices etc

    4. 153.Interpretation of this Measure

    5. 154.Transitional and consequential provision etc

    6. 155.Extent

    7. 156.Commencement

    8. 157.Short title

    1. SCHEDULE 1

      THE WELSH LANGUAGE COMMISSIONER

      1. PART 1 STATUS ETC

        1. Status

          1. 1.(1) The Commissioner is a corporation sole.

        2. Validity of acts

          1. 2.(1) The validity of an act of a person as...

      2. PART 2 APPOINTMENT

        1. Appointment

          1. 3.(1) In appointing the Commissioner, the First Minister—

        2. Remuneration, allowances and pensions

          1. 4.(1) The Welsh Ministers may pay remuneration to the Commissioner....

        3. Terms of appointment

          1. 5.(1) The Commissioner holds office subject to the terms of...

        4. Duration of appointment

          1. 6.(1) A person appointed as Commissioner holds the office (by...

        5. Appointment regulations

          1. 7.(1) The Welsh Ministers must, by regulations, make provision about...

        6. Delegation of appointment functions etc

          1. 8.(1) The First Minister may, by order—

      3. PART 3 END OF APPOINTMENT

        1. Resignation

          1. 9.The Commissioner may resign from office if he or she...

        2. Disqualification

          1. 10.A person ceases to be Commissioner if the person is...

        3. Dismissal

          1. 11.The First Minister may dismiss the Commissioner if the First...

        4. Payments on ceasing to hold office

          1. 12.The Welsh Ministers may make a payment to a person...

      4. PART 4 DISQUALIFICATION FROM BEING COMMISSIONER

        1. 13.A person is disqualified from being Commissioner on grounds of...

      5. PART 5 FINANCIAL MATTERS

        1. Payments by the Welsh Ministers

          1. 14.The Welsh Ministers may pay the Commissioner such amounts, at...

        2. Financial year

          1. 15.(1) The Commissioner's first financial year is the period that...

        3. Accounting officer

          1. 16.(1) The Commissioner is the accounting officer for the office...

        4. Estimates

          1. 17.(1) For each financial year other than the first, the...

        5. Accounts

          1. 18.(1) The Commissioner must— (a) keep proper accounting records, and...

        6. Audit

          1. 19.(1) The Commissioner must submit the accounts prepared for a...

        7. Examinations into the use of resources

          1. 20.(1) The Auditor General for Wales may carry out examinations...

      6. PART 6 GENERAL

        1. Interpretation

          1. 21.In this Schedule— “appointment regulations” (“”) means regulations made under...

    2. SCHEDULE 2

      INQUIRIES BY THE COMMISSIONER

      1. Introduction

        1. 1.This Schedule applies to inquiries under section 7.

      2. Terms of reference

        1. 2.Before conducting an inquiry, the Commissioner must prepare the terms...

        2. 3.(1) This paragraph applies if the terms of reference relate...

        3. 4.(1) This paragraph applies if the terms of reference do...

        4. 5.Paragraph 3 or 4 applies to any change in the...

      3. Representations

        1. 6.(1) The Commissioner must make arrangements for giving persons an...

        2. 7.(1) The Commissioner must consider representations made in relation to...

      4. Reports on inquiries

        1. 8.(1) The Commissioner must prepare a report of his or...

    3. SCHEDULE 3

      AMENDMENTS ABOUT JOINT AND COLLABORATIVE WORKING

      1. Care Standards Act 2000

        1. 1.Amend the Care Standards Act 2000 as follows.

        2. 2.In section 75ZA (Children's Commissioner for Wales: working with the...

        3. 3.In section 76 (further functions) in subsection (5), after paragraph...

      2. Public Services Ombudsman (Wales) Act 2005

        1. 4.Amend the Public Services Ombudsman (Wales) Act 2005 as follows....

        2. 5.In section 25A (working jointly with Commissioner for Older People...

        3. 6.In section 25B (working collaboratively with the Commissioner for Older...

      3. Commissioner for Older People (Wales) Act 2006

        1. 7.Amend the Commissioner for Older People (Wales) Act 2006 as...

        2. 8.In section 15 (reports following discharge of particular functions), in...

        3. 9.In section 17 (working collaboratively with other ombudsmen)—

    4. SCHEDULE 4

      MEMBERS OF THE ADVISORY PANEL

      1. PART 1 APPOINTMENT

        1. Appointment

          1. 1.(1) In appointing a member of the Advisory Panel, the...

        2. Remuneration, allowances and pensions

          1. 2.(1) The Welsh Ministers may pay remuneration to the members...

        3. Terms of appointment

          1. 3.(1) A member of the Advisory Panel holds office subject...

        4. Duration of appointment

          1. 4.(1) A person appointed as a member of the Advisory...

        5. Appointment regulations

          1. 5.(1) The Welsh Ministers must, by regulations, make provision about...

      2. PART 2 END OF APPOINTMENT

        1. Resignation

          1. 6.A member of the Advisory Panel may resign from office...

        2. Disqualification from membership

          1. 7.A person ceases to be a member of the Advisory...

        3. Dismissal

          1. 8.(1) The Welsh Ministers may dismiss a member of the...

        4. Payments on ceasing to hold office

          1. 9.The Welsh Ministers may make a payment to a person...

      3. PART 3 DISQUALIFICATION

        1. Disqualification on grounds of employment

          1. 10.A person is disqualified from being a member of the...

      4. PART 4 GENERAL

        1. Interpretation

          1. 11.In this Schedule “appointment regulations” means regulations made under paragraph...

    5. SCHEDULE 5

      CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 6

      1. Entry (5): amendment by order

        1. 1.(1) The Welsh Ministers may, by order, amend entry (5)...

      2. Entry (8): interpretation etc

        1. 2.For the purposes of entry (8) in the table—

      3. Interpretation

        1. 3.In this Schedule— “public authority” (“awdurdod cyhoeddus”) means each public...

    6. SCHEDULE 6

      PUBLIC BODIES ETC: STANDARDS

      1. Interpretation etc

        1. 1.The table has effect subject to the following provisions—

        2. 2.In this Schedule— “Act” (“”) means an Act of Parliament...

    7. SCHEDULE 7

      CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 8

      1. Services provided in shops: exclusions

        1. 1.(1) The references in the table to “related services” do...

      2. Interpretation

        1. 2.In this Schedule— “bus services” (“”) means a scheduled service,...

    8. SCHEDULE 8

      OTHER BODIES: STANDARDS

      1. Interpretation

        1. 1.(1) Expressions used in this Schedule and in Schedule 7...

        2. 2.References to the provision of a service to the public...

      2. Gas

        1. 3.In this Schedule— “licensed gas supplier” (“”) means the holder...

      3. Electricity

        1. 4.In this Schedule— “licensed electricity supplier” (“cyflenwr trydan trwyddedig” )...

      4. Postal services

        1. 5.In this Schedule “not for profit organisation” means a person...

      5. Railways

        1. 6.In this Schedule “passenger railway services” includes (but is not...

      6. Related services

        1. 7.In this Schedule the references to “related services” do not...

    9. SCHEDULE 9

      ACTIVITIES IN RELATION TO WHICH SERVICE DELIVERY STANDARDS MUST BE SPECIFIED

      1. These are the activities referred to in section 42(2)— correspondence;...

    10. SCHEDULE 10

      COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC

      1. PART 1 GENERAL

        1. Introduction

          1. 1.This Schedule applies to investigations under section 71.

        2. Terms of reference

          1. 2.(1) Before conducting an investigation, the Commissioner must prepare the...

        3. Representations

          1. 3.(1) The Commissioner must make arrangements for giving persons an...

          2. 4.(1) The Commissioner must consider representations made in relation to...

      2. PART 2 INFORMATION, DOCUMENTS AND ORAL EVIDENCE

        1. Evidence notices

          1. 5.(1) In the course of an investigation, the Commissioner may...

          2. 6.(1) This paragraph applies if, in the course of an...

        2. Confidentiality etc

          1. 7.A notice under paragraph 5— (a) may not require a...

          2. 8.(1) A must disregard a notice given under paragraph 5,...

        3. Appeals

          1. 9.A may apply to the Tribunal to have the notice...

          2. 10.A may apply to the Tribunal to have the notice...

        4. Enforcement

          1. 11.(1) This paragraph applies where the Commissioner thinks that A—...

      3. PART 3 POWER OF ENTRY AND INSPECTION

        1. Power of entry and inspection

          1. 12.(1) The Commissioner, or any person authorised by the Commissioner,...

    11. SCHEDULE 11

      THE WELSH LANGUAGE TRIBUNAL

      1. PART 1 NUMBER OF MEMBERS OF THE TRIBUNAL

        1. Legally-qualified members

          1. 1.(1) The Welsh Ministers must from time to time determine...

        2. Lay members

          1. 2.(1) The Welsh Ministers must from time to time determine...

      2. PART 2 APPOINTMENT

        1. The President

          1. 3.(1) The Welsh Ministers may appoint a person to be...

        2. Legally-qualified members

          1. 4.(1) The Welsh Ministers may appoint a person to be...

        3. Lay members

          1. 5.(1) The Welsh Ministers may appoint a person to be...

        4. Remuneration etc

          1. 6.(1) The Welsh Ministers may pay remuneration to the members...

        5. Terms of appointment

          1. 7.(1) A member of the Tribunal holds office subject to...

        6. Duration of appointment

          1. 8.(1) A person appointed to be a member of the...

        7. Appointment regulations

          1. 9.(1) The Welsh Ministers may, by regulations, make provision about...

      3. Part 2A Cross-deployment of tribunal members

        1. 9A.A member of a tribunal listed in section 59 of...

      4. PART 3 END OF APPOINTMENT

        1. Resignation

          1. 10.(1) The President may resign from the Tribunal if he...

        2. Disqualification from membership

          1. 11.A person ceases to be a member of the Tribunal...

        3. Dismissal

          1. 12.(1) The Welsh Ministers may dismiss a member of the...

      5. PART 4 DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT

        1. Disqualification from membership: employment

          1. 13.(1) A person is disqualified from membership of the Tribunal...

        2. Disqualification from membership: unsuitability

          1. 14.(1) A person is disqualified from membership of the Tribunal...

        3. Disqualification from appointment: age

          1. 15.A person is disqualified from appointment as President or as...

        4. Disqualification from appointment: previous appointment

          1. 16.(1) A person is disqualified from appointment as President on...

        5. Disqualification from appointment: previous dismissal from office

          1. 17.A person is disqualified from appointment as President or as...

      6. PART 5 GENERAL

        1. Interpretation

          1. 18.In this Schedule “appointment regulations” means regulations made under paragraph...

    12. SCHEDULE 12

      ABOLITION OF WELSH LANGUAGE BOARD: OTHER PROVISION

      1. Staff of the Board

        1. 1.(1) The Welsh Ministers may, by order, make provision for...

      2. Property, rights and liabilities of the Board

        1. 2.(1) Without prejudice to paragraph 1, the Welsh Ministers may,...

      3. Modification of 1993 Act in relation to functions transferred to Welsh Ministers

        1. 3.If the functions conferred on the Board by section 3...

      4. References to the Board

        1. 4.Any reference to the Board in the 1993 Act is...

      5. Continuation of legal proceedings, validity of acts etc

        1. 5.(1) Anything (including legal proceedings) which relates to—

      6. Interpretation

        1. 6.In this Schedule— “1993 Act” (“”) has the meaning given...

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