Welsh Language (Wales) Measure 2011

Welsh Language (Wales) Measure 2011

1

Commentary on Sections

Schedule 12 – Abolition of the Welsh Language Board: other provision

421. This Schedule is introduced by section 146 of the Measure.

Paragraph 1 – Staff of the Board

422. The Welsh Ministers have the power make an order transferring the Board’s staff to the Commissioner or the Welsh Assembly Government. For the purposes of paragraph 1, subparagraph (9) uses the term “transferee” to refer to the employer to whom the Board staff member will or would be transferred.

423. Where staff are transferred by order made by the Welsh Ministers under subparagraph (1), subparagraphs (2) to (9) make provision about the effect of the transfer upon the employment contracts of transferring staff.

424. The employment contracts of staff that transfer to the transferee as a result of an order made in accordance with this paragraph will not be terminated by the transfer and will have effect from the date of transfer as if originally made between the transferred member of staff and the transferee. All rights, powers, duties and liabilities of the Board in relation to the transferred staff member’s contract of employment will transfer to the transferee on the date of transfer. Similarly, anything done before the date of transfer by or in relation to the Board in respect of the transferring member of staff or their contract of employment will be treated from the date of transfer as having been done by or in relation to the transferee.

425. A transferring person’s period of employment with the Board immediately prior to the transfer date will count as a period of employment as a member of staff of the transferee. In addition, for the purposes of section 218(3) of the Employment Rights Act 1996, the transferring person’s period of employment with the Board immediately prior to the transfer date will be treated as continuous employment as a member of staff of the transferee.

426. A contract of employment of a member of the Board’s staff is not transferred under this paragraph if the employee objects to the transfer. That staff member’s contract of employment will be terminated immediately before the date that the transfer to the transferee would occur but the employee whose contract is terminated is not treated for any purpose as having been dismissed by the Board.

Paragraph 2 – Property, rights and liabilities of the Board

427. The Welsh Ministers have the power to make an order about the property, rights and liabilities of the Board. This includes the power to transfer the property, rights and liabilities to the Commissioner or the Welsh Ministers. Definitions of “property” and “rights and liabilities” are also provided.

Paragraph 3 – Modification of the 1993 Act in relation to functions transferred to Welsh Ministers

428. In circumstances where the Board’s functions under section 3 of the Welsh Language Act 1993 (“1993 Act”) are transferred to the Welsh Ministers (see section 143(3)), this paragraph provides a list of those provisions of the 1993 Act which do not apply to those transferred functions as they are exercisable by the Welsh Ministers.

Paragraph 4 – References to the Board

429. This paragraph makes provision for interpreting references to the Board contained in the 1993 Act following the Board’s abolition under the Measure. References to the Board in the 1993 Act that relate to a function of the Board that is transferred to the Commissioner should be interpreted, as a result of this paragraph, as being, or including, a reference to the Commissioner. Similarly, references in the 1993 Act to the Board that relate to a function of the Board that has been transferred to the Welsh Ministers should be interpreted as being, or including, a reference to the Welsh Ministers.

Paragraph 5 – Continuation of legal proceedings, validity of acts etc

430. This paragraph makes provision about the continuation of anything (including legal proceedings) which relates to a function of the Board transferred under the Measure to the Commissioner or Welsh Ministers (referred to collectively as “the transferee”) that was in the process of being done by, or in relation to the Board, immediately prior to the time of the transfer of the function. With regard to such transferred functions, whatever was being done by, or in relation to, the Board immediately before the transfer may be continued by, or in relation to, the transferee.

431. Similar provision is made regarding any instruments, contracts or legal proceedings that relates to a function of the Board which transfers to the transferee under the Measure. In any such instruments, contracts or legal proceedings made or commenced before the time of the transfer of the Board function, the transferee is substituted for the Board.

432. In addition, anything which was done by, or in relation to the Board for the purpose of, or in connection with, a function transferred from the Board to the transferee under this Measure and which is in effect immediately before the transfer of the function has effect after the transfer as if done by, or in relation to the transferee.

433. Paragraph 5 also addresses the continuation of anything (including legal proceedings) which relates to the Board’s property, rights and liabilities transferred to the transferee under this Measure. Anything which relates to such property, rights and liabilities immediately before their transfer and which is in the process of being done by, or in relation to, the Board may be continued by, or in relation to, the transferee.

434. In addition, anything which was done by, or in relation to the Board for the purpose of, or in connection with, property, rights and liabilities transferred to the transferee under this Measure and which is in effect immediately before the transfer of the property, rights or liabilities has effect after the transfer as if done by, or in relation to the transferee.

435. Where the Board’s property, rights or liabilities are transferred to the transferee, in any instruments, contracts or legal proceedings relating to the transferred property, rights or liabilities that are made or commenced before the transfer the transferee is substituted for the Board.

436. However the provisions in this paragraph do not apply in relation to rights and liabilities under the employment contracts of the staff of Board.

Paragraph 6 – Interpretation

437. This paragraph defines “1993 Act” and “Board” for the purpose of this Schedule.