The Welsh Language (Wales) Measure 2011 (Commencement No.6) Order 2012

Welsh Statutory Instruments

2012 No. 1423 (W.176) (C.53)

WELSH LANGUAGE

The Welsh Language (Wales) Measure 2011 (Commencement No.6) Order 2012

Made

29 May 2012

The Welsh Ministers, in exercise of the powers conferred by sections 150(5) and 156(2) of the Welsh Language (Wales) Measure 2011(1), make the following Order:

Title

1.  The title of this Order is the Welsh Language (Wales) Measure 2011 (Commencement No.6) Order 2012.

Commencement

2.  The following provisions of the Welsh Language (Wales) Measure 2011 come into force on 1 June 2012—

(a) sections 4 and 11;

(b) section 144(1) in so far as it relates to those functions conferred upon the Commissioner by section 3 of the Welsh Language Act 1993(2); and

(c) section 144(3)(a) for the purpose of repealing subsections (2)(a), (3) and (4) of section 3 of that Act.

Leighton Andrews

Minister for Education and Skills, one of the Welsh Ministers

29 May 2012

Explanatory Note

(This note is not part of the Order)

This Order is made under sections 150(5) and 156(2) of the Welsh Language (Wales) Measure 2011. It brings into force provisions of the Measure that relate to the Welsh Language Commissioner’s function of promoting and facilitating the use of the Welsh language. The relevant provisions are sections 4, 11, 144(1) and 144(3)(a).

Section 4 of the Measure gives the Commissioner the power to do anything he or she thinks appropriate to promote and facilitate the use of the Welsh language and to work towards ensuring that the Welsh language is treated no less favourably than the English language. Section 11 gives the Commissioner the power to do anything that he or she thinks to be appropriate in connection with any of his or her functions.

Sections 144(1) and 144(3)(a) provide for the abolition and repeal of functions that were formerly exercised by the Welsh Language Board under section 3 of the Welsh Language Act 1993. Section 3 of the 1993 Act gave the Board functions relating to promoting and facilitating the use of Welsh. In addition, under section 3, the Board was given the power to do anything that was incidental or conducive to the performance of its functions. These functions were transferred to the Commissioner and the Welsh Ministers upon the Board’s abolition. As a result of the coming into force of sections 4 and 11 of the Measure this Order partially commences section 144(1) and 144(3)(a) for the purpose of abolishing the functions conferred upon the Commissioner by section 3 of the 1993 Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Measure have been brought into force by commencement orders made before the date of this Order:

Provision	Date of Commencement	S.I. No.
section 2(2) (partially)	28 June 2011	2011/1586 (W. 182)
section 2(3) (partially)	28 June 2011	2011/1586 (W. 182)
section 2 (fully)	1 April 2012	2012/969 (W. 126)
section 3	1 April 2012	2012/969 (W. 126)
sections 5 and 6	1 April 2012	2012/969 (W. 126)
section 7 (partially)	1 April 2012	2012/969 (W. 126)
sections 8 to 10	1 April 2012	2012/969 (W. 126)
sections 12 to 15	1 April 2012	2012/969 (W. 126)
section 16 (partially)	1 April 2012	2012/969 (W. 126)
sections 17 to 19	1 April 2012	2012/969 (W. 126)
section 22 (partially)	17 April 2012	2012/1096 (W. 135)
section 23(1) (partially)	10 January 2012	2012/46 (W.10)
section 23(4)	10 January 2012	2012/46 (W.10)
section 23 (fully)	1 April 2012	2012/969 (W. 126)
section 24	17 April 2012	2012/1096 (W. 135)
Part 4, Chapters 2 to 5	1 April 2012	2012/969 (W. 126)
section 44	17 April 2012	2012/1096 (W. 135)
Part 4, Chapter 8	1 April 2012	2012/969 (W. 126)
Part 4, Chapter 9 (partially)	1 April 2012	2012/969 (W. 126)
Part 6	1 April 2012	2012/969 (W. 126)
section 120(4) (partially)	1 April 2012	2012/969 (W. 126)
sections 134 to 137	1 April 2012	2012/969 (W. 126)
sections 138 and 139 (partially)	28 June 2012	2011/1586 (W. 182)
sections 138 and 139 (fully)	1 April 2012	2012/969 (W. 126)
section 140 (partially)	1 April 2012	2012/969 (W. 126)
section 141 (partially)	1 April 2012	2012/969 (W. 126)
sections 142 and 143	1 April 2012	2012/969 (W. 126)
section 144 (partially)	1 April 2012	2012/969 (W. 126)
section 146 (partially)	28 June 2012	2011/1586 (W. 182)
section 146 (fully)	1 April 2012	2012/969 (W. 126)
section 147	1 April 2012	2012/969 (W. 126)
sections 148 and 149	5 February 2012	2012/223 (W.37)
Schedule 1, paragraphs 3, 7, 8, 13 and 21	28 June 2012	2011/1586 (W. 182)
Schedule 1 (fully)	1 April 2012	2012/969 (W. 126)
Schedule 2 (partially)	1 April 2012	2012/969 (W. 126)
Schedule 4, paragraphs 1, 5, 10 and 11	10 January 2012	2012/46 (W.10)
Schedule 4 (fully)	1 April 2012	2012/969 (W. 126)
Schedules 5 to 9	1 April 2012	2012/969 (W. 126)
Schedule 11 (partially)	1 April 2012	2012/969 (W. 126)
Schedule 12, paragraphs 1, 2 and 6	28 June 2012	2011/1586 (W. 182)
Schedule 12 (fully)	1 April 2012	2012/969 (W. 126)

(1)

2011 nawm 1.

(2)

1993 c. 38. The Welsh Language Board’s functions under section 3 of the Welsh Language Act 1993 were transferred to the Welsh Language Commissioner on 1 April 2012 as a result of the commencement of section 143(2) of the Welsh Language Measure. In addition to that transfer to the Commissioner, functions of the Board under section 3 of the 1993 Act were transferred to the Welsh Ministers on 1 April 2012 by article 3 of the Welsh Language (Wales) Measure 2011 (Transfer of Functions, Transitional and Consequential Provisions) Order 2012 (S.I. 2012/990 (W. 130)). The transfer of functions order was made by the Welsh Ministers in reliance upon the powers conferred upon them by section 154 of the Measure.