2016 No. 182 (W. 76)
The Welsh Language Standards (No. 2) Regulations 2016
Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred upon them by sections 26, 27, 39 and 150(5) of the Welsh Language (Wales) Measure 20111, having received the approval of the National Assembly for Wales in accordance with section 150(2) of that Measure, make the following Regulations:
Title, commencement, application and interpretation1
1
The title of these Regulations is the Welsh Language Standards (No. 2) Regulations 2016.
2
These Regulations come into force on 16 February 2016.
3
These Regulations apply in relation to Wales.
4
In these Regulations—
a “body” (“corff”) means a person listed in Schedule 6;
an “individual” (“unigolyn”) means a member of the public;
a “member of staff” (“aelod o staff”) means an employee of a body or an individual working for a body but not a person appointed to a body by the Welsh Ministers, a Minister of the Crown or Her Majesty (and “staff” (“staff”) must be construed accordingly).
5
In these Regulations—
a
references to any activity being carried out by a body, or to any service being provided by a body, are to be read as including a reference to that activity being carried out on the body’s behalf or to that service being provided on the body’s behalf by a third party under arrangements made between the third party and the body;
b
accordingly, unless a compliance notice provides to the contrary, a body will have failed to comply with a standard in respect of an activity or service it has arranged to be carried out or provided by a third party if that activity or service has not been carried out or provided in accordance with the standard.
Standards specified2
1
In Schedule 1—
a
Part 1 specifies service delivery standards;
b
Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
c
Part 3 defines a number of words and expressions.
2
In Schedule 2—
a
Part 1 specifies policy making standards;
b
Part 2 defines a number of words and expressions.
3
In Schedule 3—
a
Part 1 specifies operational standards;
b
Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
c
Part 3 defines a number of words and expressions.
4
In Schedule 4—
a
Part 1 specifies record keeping standards;
b
Part 2 defines a number of words and expressions.
5
Schedule 5 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4 and, in particular—
a
Part 1 specifies service delivery standards that deal with supplementary matters;
b
Part 2 specifies policy making standards that deal with supplementary matters;
c
Part 3 specifies operational standards that deal with supplementary matters;
ch
Part 4 specifies record keeping standards that deal with supplementary matters;
d
Part 5 makes provision about interpreting the supplementary standards;
dd
Part 6 makes supplementary provision.
Standards that are specifically applicable3
1
The Welsh Ministers authorize 2 the Welsh Language Commissioner to give a compliance notice to the persons listed in Schedule 6 requiring them to comply with any of the standards specified under regulation 2.
2
But the Commissioner is not authorised to give a compliance notice to—
a
the Auditor General for Wales requiring him or her to comply with the following standards—
i
94 to 140,
ii
145 to 148,
iii
161 to 166;
b
the Student Loans Company Limited requiring it to comply with the following standards—
i
1 to 93,
ii
144,
iii
149 to 160.
SCHEDULE 1
PART 1THE STANDARDS
1 | Standards relating to correspondence sent by a body |
(1) When a body replies to correspondence | |
Standard 1: | If you receive correspondence from a person in Welsh you must reply in Welsh (if an answer is required), unless the person has indicated that there is no need to reply in Welsh. |
(2) When a body initiates correspondence | |
(a) When a body corresponds with an individual | |
Standard 2: | When you correspond with an individual (“A”) for the first time, you must ask A whether A wishes to receive correspondence from you in Welsh, and if A responds to say that A wishes to receive correspondence in Welsh you must—
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(b) When a body corresponds with more than one member of the same household | |
Standard 3: | When you send correspondence addressed to two individuals who are members of the same household (for example, the parents of a child) for the first time, you must ask them whether they wish to receive correspondence from you in Welsh; and if —
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(c) When a body corresponds with several persons (for example, when it sends a circular, or sends the same letter to a number of homes) | |
Standard 4: | When you send the same correspondence to several persons, you must send a Welsh language version of the correspondence at the same time as you send any English language version. |
(3) General standards relating to correspondence | |
Standard 5: | If you don’t know whether a person wishes to receive correspondence from you in Welsh, when you correspond with that person you must provide a Welsh language version of the correspondence. |
Standard 6: | If you produce a Welsh language version and a corresponding English language version of correspondence, you must not treat the Welsh language version less favourably than the English language version (for example, if the English version is signed, or if contact details are provided on the English version, then the Welsh version must be treated in the same way). |
Standard 7: | You must state —
that you welcome receiving correspondence in Welsh, that you will respond to correspondence in Welsh, and that corresponding in Welsh will not lead to delay. |
2 | Standards relating to telephone calls made and received by a body |
(1) Telephone calls made to a body’s main contact number and to any helplines or call centres | |
Standard 8: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must greet the person in Welsh. |
Standard 9: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform the person that a Welsh language service is available. |
Standard 10: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh in its entirety if that is the person’s wish (where necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). |
Standard 11: | When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh if that is the person’s wish until such point as —
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Standard 12: | When you advertise telephone numbers, helpline numbers or call centre services, you must not treat the Welsh language less favourably than the English language. |
Standard 13: | If you offer a Welsh language service on your main telephone number (or numbers), on any helpline numbers or call centre numbers, the telephone number for the Welsh language service must be the same as for the corresponding English language service. |
Standard 14: | When you publish your main telephone number, or any helpline numbers or call centre service numbers, you must state (in Welsh) that you welcome calls in Welsh. |
Standard 15: | If you have performance indicators for dealing with telephone calls, you must ensure that those performance indicators do not treat telephone calls made in Welsh any less favourably than calls made in English. |
Standard 16: | Your main telephone call answering service (or services) must inform persons calling, in Welsh, that they can leave a message in Welsh. |
Standard 17: | When there is no Welsh language service available on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform persons calling in Welsh (by way of an automated message or otherwise), when a Welsh language service will be available. |
(2) Telephone calls made to departments and to members of a body’s staff | |
Standard 18: | If a person contacts one of your departments on a direct line telephone number (including on staff members’ direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh in its entirety (if necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). |
Standard 19: | If a person contacts one of your departments on a direct line telephone number (including on staff members’ direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh until such point as —
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Standard 20: | When a person contacts you on a direct line number (whether on a department’s direct line number or on the direct line number of a member of staff), you must ensure that, when greeting the person, the Welsh language is not treated less favourably than the English language. |
(3) Telephone calls made by a body | |
Standard 21: | When you telephone an individual (“A”) for the first time you must ask A whether A wishes to receive telephone calls from you in Welsh, and if A responds to say that A wishes to receive telephone calls in Welsh you must keep a record of that wish, and conduct telephone calls made to A from then onwards in Welsh. |
(4) A body dealing with telephone calls using an automated system | |
Standard 22: | Any automated telephone systems that you have must provide the complete automated service in Welsh. |
3 | Standards relating to a body holding meetings that are not open to the general public |
(1) Meetings between a body and one other invited person | |
Standard 23: | If you invite one person only (“P”) to a meeting, you must offer to conduct the meeting in Welsh; and if P informs you that P wishes for the meeting to be conducted in Welsh, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 24: | If you invite one person only (“P”) to a meeting you must ask P whether P wishes to use the Welsh language at the meeting, and inform P that you will, if necessary, provide a translation service from Welsh to English for that purpose. |
Standard 24A: | If you have invited one person only (“P”) to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
Standard 24B: | If you have invited one person only (“P”) to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a consecutive translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
(2) Meetings between a body and more than one invited person | |
Standard 25: | If you invite more than one person to a meeting, you must ask each person whether they wish to use the Welsh language at the meeting. |
Standard 25A: | If you have invited more than one person to a meeting, and at least 10% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
Standard 25B: | If you have invited more than one person to a meeting, and at least 20% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
Standard 25C: | If you have invited more than one person to a meeting, and at least 30% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. |
Standard 25CH: | If you have invited more than one person to a meeting, and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 25D: | If you have invited more than one person to a meeting, and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). |
4 | Standards relating to meetings arranged by a body that are open to the public |
Standard 26: | If you arrange a meeting that is open to the public you must state on any material advertising it, and on any invitation to it, that anyone attending is welcome to use the Welsh language at the meeting. |
Standard 27: | When you send invitations to a meeting that you arrange which is open to the public, you must send the invitations in Welsh. |
Standard 28: | If you invite persons to speak at a meeting that you arrange which is open to the public you must —
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Standard 29: | If you arrange a meeting that is open to the public, you must ensure that a simultaneous translation service from Welsh to English is available at the meeting, and you must orally inform those present in Welsh —
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Standard 30: | If you display any written material at a meeting that you arrange which is open to the public, you must ensure that the material is displayed in Welsh, and you must not treat any Welsh language text less favourably than the English language text. |
5 | Standards relating to public events organised or funded by a body |
Standard 31: | If you organise a public event, or fund at least 50% of a public event, you must ensure that, in promoting the event, the Welsh language is treated no less favourably than the English language (for example, in the way the event is advertised or publicised). |
Standard 32: | If you organise a public event, or fund at least 50% of a public event, you must ensure that the Welsh language is treated no less favourably than the English language at the event (for example, in relation to services offered to persons attending the event, in relation to signs displayed at the event and in relation to audio announcements made at the event). |
6 | Standard relating to a body’s publicity and advertising |
Standard 33: | Any publicity or advertising material that you produce must be produced in Welsh, and if you produce the material in Welsh and in English, you must not treat the Welsh language version less favourably than you treat the English language version. |
7 | Standards relating to a body displaying material in public |
Standard 34: | Any material that you display in public must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than the English language version. |
Standard 35: | Any material that you display at a public exhibition organised by you must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than you treat an English language version. |
8 | Standards relating to a body producing and publishing documents |
Standard 36: | Any documents that you produce for public use must be produced in Welsh. |
Standard 37: | If you produce the following documents you must produce them in Welsh—
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Standard 38: | Any licence, permit or certificate you produce must be produced in Welsh. |
Standard 39: | Any brochure, leaflet, pamphlet or card that you produce in order to provide information to the public must be produced in Welsh. |
Standard 40: | If you produce the following documents, and they are available to the public, you must produce them in Welsh —
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Standard 41: | Any rules that you publish that apply to the public must be published in Welsh. |
Standard 42: | When you issue any statement to the press you must issue it in Welsh and, if there is a Welsh language version and an English language version of a statement, you must issue both versions at the same time. |
Standard 43: | If you produce a document which is available to the public, and no other standard has required you to produce the document in Welsh, you must produce it in Welsh —
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Standard 44: | If you produce a document in Welsh and in English (whether separate versions or not), you must not treat any Welsh language version less favourably than you treat the English language version. |
Standard 45: | If you produce a Welsh language version and a separate English language version of a document, you must ensure that the English language version clearly states that the document is also available in Welsh. |
9 | Standards relating to a body producing and publishing forms |
Standard 46: | Any form that you make available to the public must be produced in Welsh. |
Standard 46A: | If you produce a Welsh language version and a separate English language version of a form, you must ensure that the English language version clearly states that the form is also available in Welsh. |
Standard 46B: | If you produce a form in Welsh and in English (whether separate versions or not), you must ensure that the Welsh language version is treated no less favourably than the English language version, and you must not differentiate between the Welsh and English versions in relation to any requirements that are relevant to the form (for example in relation to any deadline for submitting the form, or in relation to the time allowed to respond to the content of the form). |
Standard 47: | If you pre-enter information on a Welsh language version of a form (for example, before sending it to a member of the public in order for him or her to check the content or to fill in the remainder of the form), you must ensure that the information that you pre-enter is in Welsh. |
10 | Standards relating to a body’s websites and on-line services |
(1) Websites published by a body | |
Standard 48: | You must ensure that —
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Standard 49: | You must ensure that —
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Standard 50: | You must ensure that when you publish a new page on your website or amend a page —
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Standard 51: | If you have a Welsh language web page that corresponds to an English language web page, you must state clearly on the English language web page that the page is also available in Welsh, and you must provide a direct link to the Welsh page on the corresponding English page. |
Standard 52: | You must provide the interface and menus on every page of your website in Welsh. |
(2) Apps published by a body | |
Standard 53: | All apps that you publish must function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that app. |
11 | Standards relating to a body’s use of social media |
Standard 54: | When you use social media you must not treat the Welsh language less favourably than the English language. |
Standard 55: | If a person contacts you by social media in Welsh, you must reply in Welsh (if an answer is required). |
12 | Standard relating to self service machines |
Standard 56: | You must ensure that any self service machines that you have function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that machine. |
13 | Standards relating to signs displayed by a body |
Standard 57: | When you erect a new sign or renew a sign (including temporary signs), any text displayed on the sign must be displayed in Welsh (whether on the same sign as you display corresponding English language text or on a separate sign); and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text. |
Standard 58: | When you erect a new sign or renew a sign (including temporary signs) which conveys the same information in Welsh and in English, the Welsh-language text must be positioned so that it is likely to be read first. |
Standard 59: | You must ensure that the Welsh language text on signs is accurate in terms of meaning and expression. |
14 | Standards relating to a body receiving visitors at its buildings |
Standard 60: | Any reception service you make available in English must also be available in Welsh, and any person who requires a Welsh language reception service must not be treated less favourably than a person who requires an English language reception service. |
Standard 61: | If you arrange a visit or appointment in advance for a person (“P”) which will mean that P will come to your reception, you must ask P whether P wishes to receive a Welsh language reception service (unless you already know whether P wishes to receive that service in Welsh). |
Standard 61A: | You must provide a face to face Welsh language reception service for a person (“P”) at your reception if you have arranged a visit or appointment for P in advance and —
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Standard 62: | If you have no face to face Welsh language reception service available, you must ensure that a Welsh language reception service is available over a phone in your reception. |
Standard 63: | You must display a sign in your reception which states (in Welsh) that persons are welcome to use the Welsh language at the reception. |
Standard 64: | You must ensure that staff at the reception who are able to provide a Welsh language reception service wear a badge to convey that. |
15 | Standards relating to notices made by a body |
Standard 65: | Any notice that you publish or display must be published or displayed in Welsh, and you must not treat any Welsh language version of a notice less favourably than an English language version. |
Standard 66: | When you publish or display a notice that contains Welsh language text as well as English language text, the Welsh language text must be positioned so that it is likely to be read first. |
16 | Standards relating to a body awarding grants |
Standard 67: | Any documents that you publish which relate to applications for a grant must be published in Welsh, and you must not treat a Welsh language version of such documents less favourably than an English language version. |
Standard 68: | When you invite applications for a grant, you must state in the invitation that applications may be submitted in Welsh and that any application submitted in Welsh will be treated no less favourably than an application submitted in English. |
Standard 68A: | You must not treat applications for a grant submitted in Welsh less favourably than applications submitted in English (including, amongst other matters, in relation to the closing date for receiving applications and in relation to the time-scale for informing applicants of decisions). |
Standard 69: | If you receive an application for a grant in Welsh and it is necessary to interview an applicant as part of your assessment of the application, you must offer to conduct that interview in Welsh and, if the applicant so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 70: | If you receive an application for a grant in Welsh and it is necessary to interview the applicant as part of your assessment of the application you must —
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Standard 71: | When you inform an applicant of your decision in relation to an application for a grant, you must do so in Welsh if the application was submitted in Welsh. |
17 | Standards relating to a body awarding contracts |
Standard 72: | Any invitations to tender for a contract that you publish must be published in Welsh, and you must not treat a Welsh language version of any invitation less favourably than an English language version. |
Standard 73: | When you publish invitations to tender for a contract, you must state in the invitation that tenders may be submitted in Welsh, and that a tender submitted in Welsh will be treated no less favourably than a tender submitted in English. |
Standard 73A: | You must not treat a tender for a contract submitted in Welsh less favourably than a tender submitted in English (including, amongst other matters, in relation to the closing date for receiving tenders, and in relation to the time-scale for informing tenderers of decisions). |
Standard 74: | If you receive a tender in Welsh and it is necessary to interview a tenderer as part of your assessment of the tender, you must offer to conduct that interview in Welsh and, if the tenderer so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 75: | If you receive a tender in Welsh and it is necessary to interview the tenderer as part of your assessment of the tender you must —
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Standard 76: | When you inform a tenderer of your decision in relation to a tender, you must do so in Welsh if the tender was submitted in Welsh. |
18 | Standards for raising awareness about Welsh language services provided by a body |
Standard 77: | You must promote any Welsh language service that you provide, and advertise that service in Welsh. |
Standard 78: | If you provide a service in Welsh that corresponds to a service you provide in English, any publicity or document that you produce, or website that you publish, which refers to the English service must also state that a corresponding service is available in Welsh. |
19 | Standard relating to a body’s corporate identity |
Standard 79: | When you form, revise or present your corporate identity, you must not treat the Welsh language less favourably than the English language. |
20 | Standards relating to courses offered by a body |
Standard 80: | If you offer an education course that is open to the public, you must offer it in Welsh. |
Standard 81: | If you offer an education course that is open to the public and which is aimed specifically at persons aged 18 or under, you must offer it in Welsh. |
Standard 82: | If you develop an education course that is to be offered to the public, you must assess the need for that course to be offered in Welsh; and you must ensure that the assessment is published on your website. |
21 | Standard relating to public address systems used by a body |
Standard 83: | When you announce a message over a public address system, you must make that announcement in Welsh and, if the announcement is made in Welsh and in English, the announcement must be made in Welsh first. |
PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
22 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated). |
Row | Column 1 Main standard | Column 2 Reliant standard |
---|---|---|
(1) | Replying to correspondence | |
Standard 1 | Standard 7 | |
(2) | Corresponding with members of the same household | |
Standard 3 | Standard 6 | |
(3) | Corresponding with several persons | |
Standard 4 | Standard 6 Standard 7 | |
(4) | General standards relating to correspondence | |
Standard 5 | Standard 6 Standard 7 | |
(5) | Raising awareness about corresponding in Welsh | |
Standard 7 | Standard 1 | |
(6) | Receiving telephone calls | |
Standard 9 | One or more of the following: Standard 10 Standard 11 | |
(7) | Receiving telephone calls | |
Standard 10 or 11 | Standard 9 Standard 14 | |
(8) | Raising awareness about telephone services in Welsh | |
Standard 14 | One or more of the following: Standard 10 Standard 11 and also Standard 16, and Standard 17 | |
(9) | Meetings with one person | |
Standard 24 | One or more of the following: Standard 24A Standard 24B | |
(10) | Meetings with one person | |
Standard 24A or 24B | Standard 24 | |
(11) | Meetings with more than one person | |
Standard 25 | One or more of the following: Standard 25A Standard 25B Standard 25C and also one of more of the following; Standard 25CH Standard 25D | |
(12) | Meetings with more than one person | |
Standard 25A, 25B, 25C, 25CH or 25D | Standard 25 | |
(13) | Public meetings | |
Standard 26 | Standard 29 | |
(14) | Public meetings | |
Standard 29 | Standard 26 | |
(15) | Documents | |
Standard 36, 37, 38, 39, 40, 41, or 43 | Standard 44 Standard 45 | |
(16) | Forms | |
Standard 46 | Standard 46A Standard 46B | |
(17) | Websites | |
Standard 48, 49 or 50 | Standard 51 | |
(18) | Signs | |
Standard 57 or 58 | Standard 59 | |
(19) | Reception | |
Standard 60 | Standard 63 Standard 64 | |
(20) | Reception | |
Standard 61 | Standard 61A | |
(21) | Reception | |
Standard 62 | Standard 63 | |
(22) | Raising awareness of Welsh-language services in a reception | |
Standard 63 | One or more of the following: Standard 60 Standard 62 | |
(23) | Grants | |
Standard 68 | Standard 68A Standard 71 | |
(24) | Grants | |
Standard 69 or 70 | Standard 68 Standard 68A | |
(25) | Contracts | |
Standard 73 | Standard 73A Standard 76 | |
(26) | Contracts | |
Standard 74 or 75 | Standard 73 Standard 73A |
PART 3INTERPRETING THE STANDARDS
23 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
24 | The standards only apply to the extent that a body —
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25 | A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement. |
26 | For the purposes of the standards —
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27 |
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28 |
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29 | For the purposes of standards 2, 3 and 21, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard. |
30 | In standard 22 an “automated” telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different numbers in order to choose different options. |
31 | Standard 32 does not apply to—
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32 | Standards 32 and 83 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill. |
33 | Where a standard refers to material that is to be produced in Welsh (with the exception of standards 48 to 53 (websites and apps), 54 and 55 (social media) and 72 (invitations to tender)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
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34 | For the purposes of standards 36, 37, 40, 43 and 46, references to documents or other materials being available to the public or being produced for public use do not include documents or materials that are only available to the public by virtue of the Freedom of Information Act 20006. |
35 |
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36 | Standards 36, 43, 44 and 45 do not apply to an enactment made by a body or to a draft enactment prepared by a body. |
37 | Standards 36, 39, 40 and 43 do not apply to any advertising material contained in a document, brochure, leaflet, pamphlet or card. |
38 | Standard 41 does not apply to rules specified in an enactment or in a draft enactment prepared by a body. |
39 | Standards 48 to 52 (websites) do not apply to —
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40 |
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41 | For the purpose of standards 48 to 53 (websites and apps) and standards 54 and 55 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching. |
42 |
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43 | Standards 54 and 55 (social media) do not apply to —
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44 | For the purpose of standard 56 (self service machines) reference to treating the Welsh language no less favourably than the English language includes, amongst other matters, treating the Welsh language no less favourably as regards the visual presentation of the material (for example in relation to the colour, size, font and format of any text), but it does not mean that Welsh language material must appear on screen at the same time as English language material. |
45 | For the purposes of standards 60 to 64 (receiving visitors) —
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46 | For the purposes of standards 7, 65 and 66 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment. |
47 |
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48 |
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49 | For the purposes of standards 80, 81 and 82 (courses), an “education course” means any seminar, training, workshop or similar provision which is provided in order to educate or to improve the skills of members of the public; but does not include—
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50 | For the purposes of the standards “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under —
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SCHEDULE 2Policy making Standards
PART 1THE STANDARDS
1 | Standards relating to considering the effects of a body’s policy decisions on the Welsh language |
Standard 84: | When you formulate a new policy, or review or revise an existing policy, you must consider what effects, if any (whether positive or adverse), the policy decision would have on —
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Standard 85: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would have positive effects, or increased positive effects, on —
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Standard 86: | When you formulate a new policy, or review or revise an existing policy, you must consider how the policy could be formulated (or how an existing policy could be changed) so that the policy decision would not have adverse effects, or so that it would have decreased adverse effects, on —
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Standard 87: | When you publish a consultation document which relates to a policy decision, the document must consider, and seek views on, the effects (whether positive or adverse) that the policy decision under consideration would have on —
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Standard 88: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would have positive effects, or increased positive effects, on —
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Standard 89: | When you publish a consultation document which relates to a policy decision the document must consider, and seek views on, how the policy under consideration could be formulated or revised so that it would not have adverse effects, or so that it would have decreased adverse effects, on —
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Standard 90: | You must produce and publish a policy on awarding grants (or, where appropriate, amend an existing policy) which requires you to take the following matters into account when you make decisions in relation to the awarding of a grant —
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Standard 91: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers what effects, if any (and whether positive or adverse), the policy decision under consideration would have on —
|
Standard 92: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would have a positive effects, or so that it would have increased positive effects, on —
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Standard 93: | When you commission or undertake research that is intended to assist you to make a policy decision, you must ensure that the research considers how the policy decision under consideration could be made so that it would not have adverse effects, or so that it would have decreased adverse effects, on —
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PART 2INTERPRETING THE STANDARDS
2 | In Part 1 of this Schedule a “policy decision” means any decision made by a body about the exercise of its functions or about the conduct of its business or other undertaking, and it includes, amongst other things (and as appropriate to the body), decisions about —
|
3 | In Part 1 of this Schedule a reference to positive or adverse effects is a reference to such effects whether direct or indirect. |
SCHEDULE 3Operational standards
PART 1THE STANDARDS
1 | Standards relating to the use of the Welsh language within a body’s internal administration |
Standard 94: | You must develop a policy on using Welsh internally for the purpose of promoting and facilitating the use of the language, and you must publish that policy on your intranet. |
Standard 95: | When you offer a new post to an individual, you must ask that individual whether he or she wishes for the contract of employment or contract for services to be provided in Welsh; and if that is the individual’s wish you must provide the contract in Welsh. |
Standard 96: | You must —
|
Standard 97: | You must ask each employee whether he or she wishes to receive any documents that outline his or her training needs or requirements in Welsh; and if that is the employee’s wish you must provide any such documents to him or to her in Welsh. |
Standard 98: | You must ask each employee whether he or she wishes to receive any documents that outline his or her performance objectives in Welsh; and if that is the employee’s wish you must provide any such documents to him or to her in Welsh. |
Standard 99: | You must ask each employee whether he or she wishes to receive any documents that outline or record his or her career plan in Welsh; and if that is the employee’s wish you must provide any such documents to him or to her in Welsh. |
Standard 100: | You must ask each employee whether he or she wishes to receive any forms that record and authorise —
in Welsh; and if that is an employee’s wish, you must provide any such forms to him or to her in Welsh. |
Standard 101: | If you publish a policy relating to behaviour in the workplace, you must publish it in Welsh. |
Standard 102: | If you publish a policy relating to health and well-being at work, you must publish it in Welsh. |
Standard 103: | If you publish a policy relating to salaries or workplace benefits, you must publish it in Welsh. |
Standard 104: | If you publish a policy relating to performance management, you must publish it in Welsh. |
Standard 105: | If you publish a policy about absence from work, you must publish it in Welsh. |
Standard 106: | If you publish a policy relating to working conditions, you must publish it in Welsh. |
Standard 107: | If you publish a policy regarding work patterns, you must publish it in Welsh. |
2 | Standards relating to complaints made by a member of a body’s staff |
Standard 108: | You must allow each member of staff —
|
Standard 108A: | You must state in any document that you have that sets out your procedures for making complaints that each member of staff may —
and you must also inform each member of staff of that right. |
Standard 109: | If you receive a complaint from a member of staff or a complaint about a member of staff, and a meeting is required with that member of staff, you must —
|
Standard 110: | If you receive a complaint from a member of staff or a complaint about a member of staff, and a meeting is required with that member of staff, you must —
and if the member of staff wishes to use the Welsh language, you must provide a simultaneous translation service from Welsh to English at the meeting (unless you conduct the meeting in Welsh without translation services). |
Standard 111: | When you inform a member of staff of a decision you have reached in relation to a complaint made by him or by her, or in relation to a complaint made about him or about her, you must do so in Welsh if that member of staff—
|
3 | Standards relating to a body disciplining staff |
Standard 112: | You must allow all members of staff to respond in Welsh to allegations made against them in any internal disciplinary process. |
Standard 112A: | You must —
|
Standard 113: | If you organise a meeting with a member of staff regarding a disciplinary matter that relates to his or to her conduct you must —
|
Standard 114: | If you organise a meeting with a member of staff regarding a disciplinary matter that relates to his or her conduct you must —
and, if the member of staff wishes to use the Welsh language, you must provide a simultaneous translation service from Welsh to English at the meeting (unless you conduct the meeting in Welsh without a translation service). |
Standard 115: | When you inform a member of staff of a decision you have reached following a disciplinary process, you must do so in Welsh if that member of staff—
|
4 | Standards relating to a body’s information technology and about support material provided by a body, and relating to the intranet |
Standard 116: | You must provide staff with computer software for checking spelling and grammar in Welsh, and provide Welsh language interfaces for software (where an interface exists). |
Standard 117: | You must ensure that —
|
Standard 118: | You must ensure that —
|
Standard 119: | You must ensure that each time you publish a new intranet page or amend a page —
|
Standard 120: | If you have a Welsh language page on your intranet that corresponds to an English language page, you must state clearly on the English language page that the page is also available in Welsh, and must provide a direct link to the Welsh language page on the corresponding English language page. |
Standard 121: | You must designate and maintain a page (or pages) on your intranet which provides services and support material to promote the Welsh language and to assist your staff to use the Welsh language. |
Standard 122: | You must provide the interface and menus on your intranet pages in Welsh. |
5 | Standards relating to a body developing Welsh language skills through planning and training its workforce |
Standard 123: | You must assess the Welsh language skills of your employees. |
Standard 124: | You must provide training in Welsh in the following areas, if you provide such training in English —
|
Standard 125: | You must provide training (in Welsh) on using Welsh effectively in —
|
Standard 126: | You must provide opportunities during working hours —
|
Standard 127: | You must provide opportunities for employees who have completed basic Welsh language training to receive further training, free of charge, to develop their language skills. |
Standard 128: | You must provide training courses so that your employees can develop —
|
Standard 129: | When you provide information to new employees (for example by means of an induction process), you must provide information for the purpose of raising their awareness of the Welsh language. |
Standard 130: | You must provide wording or a logo for your staff to include in e-mail signatures which will enable them to indicate whether they speak Welsh fluently or whether they are learning the language. |
Standard 131: | You must provide wording for your employees which will enable them to include a Welsh language version of their contact details in e-mail messages, and to provide a Welsh language version of any message which informs others that they are unavailable to respond to e-mail messages. |
6 | Standards relating to a body recruiting and appointing |
Standard 132: | When you assess the requirements for a new or vacant post, you must assess the need for Welsh language skills, and categorise it as a post where one or more of the following apply —
|
Standard 132A: | If you have categorised a post as one where Welsh language skills are essential, desirable or need to be learnt you must —
|
Standard 133: | When you advertise a post, you must state that applications may be submitted in Welsh, and that an application submitted in Welsh will not be treated less favourably than an application submitted in English. |
Standard 133A: | If you publish —
you must publish them in Welsh; and you must ensure that the Welsh language versions of the documents are treated no less favourably than any English language versions of those documents. |
Standard 133B: | You must not treat an application for a post made in Welsh less favourably than you treat an application made in English (including, amongst other matters, in relation to the closing date you set for receiving applications and in relation to any timescale for informing individuals of decisions). |
Standard 134: | You must ensure that your application forms for posts provide a space for individuals to indicate that they wish an interview or other method of assessment in Welsh and if an individual so wishes, you must conduct any interview or other method of assessment in Welsh (without the assistance of a simultaneous or consecutive translation service). |
Standard 135: | You must ensure that your application forms for posts —
and, if the individual wishes to use the Welsh language at the interview or assessment, you must provide a simultaneous translation service at the interview or assessment (unless you conduct the interview or assessment in Welsh without that translation service). |
Standard 136: | When you inform an individual of your decision in relation to an application for a post, you must do so in Welsh if the application was made in Welsh. |
7 | Standards relating to signs displayed in a body’s workplace |
Standard 137: | When you erect a new sign or renew a sign in your workplace (including temporary signs), any text displayed on the sign must be displayed in Welsh (whether on the same sign as the corresponding English language text or on a separate sign), and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text. |
Standard 138: | When you erect a new sign or renew a sign in your workplace (including temporary signs) which conveys the same information in Welsh and in English, the Welsh language text must be positioned so that it is likely to be read first. |
Standard 139: | You must ensure that the Welsh language text on signs displayed in your workplace is accurate in terms of meaning and expression. |
8 | Standard relating to audio announcements and messages in a body’s workplace |
Standard 140: | When you make announcements in the workplace using audio equipment, that announcement must be made in Welsh, and if the announcement is made in Welsh and in English, the announcement must be made in Welsh first. |
PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
9 | When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row. |
Row | Column 1 Main standard | Column 2 Reliant standard |
---|---|---|
(1) | Complaints procedures | |
Standard 108 | Standard 108A | |
(2) | Complaints procedures | |
Standard 108A | Standard 108 | |
(3) | Disciplining staff | |
Standard 112 | Standard 112A | |
(4) | Disciplining staff | |
Standard 112A | Standard 112 | |
(5) | Intranet | |
Standards 117, 118 or 119 | Standard 120 | |
(6) | Recruitment and appointments | |
Standard 132 | Standard 132A | |
(7) | Recruitment | |
Standard 133 | Standard 133A Standard 133B Standard 136 | |
(8) | Internal signs | |
Standard 137 | Standard 139 |
PART 3INTERPRETING THE STANDARDS
10 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
11 |
|
12 | For the purposes of standards 117, 118 and 119 (a body’s intranet), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—
but it does not mean that the Welsh language material must appear on the same page as the English language material, or on a page that is likely to open before the corresponding English language version of a page. |
13 | For the purposes of standards 133A (recruitment) and 137 (internal signs), references to treating the Welsh language no less favourably than the English language includes, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
|
14 | For the purposes of the standards a requirement to publish, provide or display any written material in Welsh does not mean that material should be published, provided or, displayed in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
15 | Standards 117 to 120 (intranet) do not apply to—
|
16 | For the purposes of standards 132 and 132A only —
|
17 | Standard 140 does not apply when the message that you announce over a public address system is made during an emergency or an emergency drill. |
SCHEDULE 4Record Keeping Standards
PART 1THE STANDARDS
1 | Standards relating to a body keeping records |
Standard 141: | You must keep a record, in relation to each financial year, of the number of complaints you receive relating to your compliance with standards. |
Standard 142: | You must keep a copy of any written complaint that you receive that relates to your compliance with the standards with which you are under a duty to comply. |
Standard 143: | You must keep a copy of any written complaint that you receive that relates to the Welsh language (whether or not that complaint relates to the standards with which you are under a duty to comply). |
Standard 144: | You must keep a record of the steps that you have taken in order to ensure compliance with the policy making standards with which you are under a duty to comply. |
Standard 145: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 123), of the number of employees who have Welsh language skills at the end of each financial year and, where you have that information, you must keep a record of the skill level of those employees. |
Standard 146: | You must keep a record, for each financial year of—
|
Standard 147: | You must keep a copy of every assessment that you carry out (in accordance with standard 132) in respect of the Welsh language skills that may be needed in relation to a new or vacant post. |
Standard 148: | You must keep a record, in relation to each financial year, of the number of new and vacant posts which were categorised (in accordance with standard 132) as posts where—
|
PART 2INTERPRETING THE STANDARDS
2 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
3 | For the purposes of standards 141, 145, 146 and 148 “financial year” means the body’s own financial year. |
SCHEDULE 5Standards which deal with Supplementary Matters
PART 1SERVICE DELIVERY STANDARDS
1 | A body publicising service delivery standards |
Standard 149: | You must ensure that a document which records the service delivery standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available—
|
2 | A body publishing a complaints procedure |
Standard 150: | You must—
|
3 | A body publishing arrangements for oversight, promotion etc. |
Standard 151: | You must—
|
4 | A body producing an annual report regarding service delivery standards |
Standard 152: |
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5 | A body publicising the way it intends to comply with service delivery standards |
Standard 153: | You must publish a document on your website which explains how you intend to comply with the service delivery standards with which you are under a duty to comply. |
6 | A body providing information to the Welsh Language Commissioner |
Standard 154: | You must provide any information requested by the Welsh Language Commissioner which relates to your compliance with the service delivery standards with which you are under a duty to comply. |
PART 2POLICY MAKING STANDARDS
7 | A body publicising policy making standards |
Standard 155: | You must ensure that a document which records the policy making standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available—
|
8 | A body publishing a complaints procedure |
Standard 156: | You must—
|
9 | A body publishing arrangements for oversight |
Standard 157: | You must—
|
10 | A body producing an annual report regarding policy making standards |
Standard 158: |
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11 | A body publicising the way it intends to comply with policy making standards |
Standard 159: | You must publish a document on your website which explains how you intend to comply with the policy making standards with which you are under a duty to comply. |
12 | A body providing information to the Welsh Language Commissioner |
Standard 160: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the policy making standards with which you are under a duty to comply. |
PART 3OPERATIONAL STANDARDS
13 | A body publicising operational standards |
Standard 161: | You must ensure that a document which records the operational standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available—
|
14 | A body publishing a complaints procedure |
Standard 162: | You must—
|
15 | A body publishing oversight arrangements, promotion etc. |
Standard 163: | You must—
|
16 | A body producing an annual report regarding operational standards |
Standard 164: |
|
17 | A body publicising the way it intends to comply with operational standards |
Standard 165: | You must publish a document on your website which explains how you intend to comply with the operational standards with which you are under a duty to comply. |
18 | A body providing information to the Welsh Language Commissioner |
Standard 166: | You must provide any information requested by the Welsh Language Commissioner which relates to compliance with the operational standards with which you are under a duty to comply. |
PART 4RECORD KEEPING STANDARDS
19 | A body publicising record keeping standards |
Standard 167: | You must ensure that a document which records the record keeping standards with which you are under a duty to comply, and the extent to which you are under a duty to comply with those standards, is available—
|
20 | A body providing information to the Welsh Language Commissioner |
Standard 168: | You must provide any records you have kept in accordance with the record keeping standards with which you are under a duty to comply to the Welsh Language Commissioner, if the Commissioner asks for those records. |
PART 5INTERPRETING THE STANDARDS
21 | The standards specified in Parts 1 to 4 must be interpreted as follows. |
22 | For the purposes of standards 152, 158 and 164 “financial year” means the body’s own financial year. |
23 | For the purpose of the standards a requirement to produce or publish any written material in Welsh does not mean that material should be produced or published in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard). |
PART 6SUPPLEMENTARY PROVISION
24 | Complaints procedures |
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25 | Supervisory arrangements |
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26 | Annual reports |
| |
27 | Publicising the way in which a body intends to comply with standards |
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SCHEDULE 6
The Arts Council of Wales (“Cyngor Celfyddydau Cymru”)
The Auditor General for Wales (“Archwilydd Cyffredinol Cymru”)
The Big Lottery Fund (“Y Gronfa Loteri Fawr”)
The British Broadcasting Corporation (“Y Gorfforaeth Ddarlledu Brydeinig”)
The Children’s Commissioner for Wales (“Comisiynydd Plant Cymru”)
Colleges Wales Limited (“Colegau Cymru Cyfyngedig”)
The Commission for Equality and Human Rights (“Comisiwn Cydraddoldeb a Hawliau Dynol”)
The Commissioner for Older People in Wales (“Comisiynydd Pobl Hŷn Cymru”)
Her Majesty’s Chief Inspector of Education and Training in Wales (“Prif Arolygydd ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru”)
The Electoral Commission (“Y Comisiwn Etholiadol”)
The Information Commissioner’s Office (“Swyddfa’r Comisiynydd Gwybodaeth”)
The Local Democracy and Boundary Commission for Wales (“Comisiwn Ffiniau a Democratiaeth Leol i Gymru”)
The Local Government Data Unit – Wales (“Uned Ddata Llywodraeth Leol – Cymru”)
National Botanic Garden of Wales (“Gardd Fotaneg Genedlaethol Cymru”)
The National Library of Wales (“Llyfrgell Genedlaethol Cymru”)
The National Museum of Wales (“Amgueddfa Genedlaethol Cymru”)
The National Theatre of Wales
The Natural Resources Body for Wales (“Corff Adnoddau Naturiol Cymru”)
NIACE
The Office of Communications (“Y Swyddfa Gyfathrebiadau”)
The Quality Assurance Agency for Higher Education (“Asiantaeth Sicrwydd Ansawdd Addysg Uwch”)
The Royal Commission on the Ancient and Historical Monuments of Wales (“Comisiwn Brenhinol Henebion Cymru”)
Sianel 4 Cymru
The Sports Council for Wales (“Cyngor Chwaraeon Cymru”)
Student Loans Company Limited (“Cwmni Benthyciadau Myfyrwyr Cyfyngedig”)
Theatr Genedlaethol Cymru
The Wales Audit Office (“Swyddfa Archwilio Cymru”)
Wales Council for Voluntary Action (“Cyngor Gweithredu Gwirfoddol Cymru”)
Wales Millennium Centre (“Canolfan Mileniwm Cymru”)
The Welsh Books Council (“Cyngor Llyfrau Cymru”)
The Welsh Local Government Association (“Cymdeithas Llywodraeth Leol Cymru”)
Welsh National Opera Limited (“Opera Cenedlaethol Cymru Cyfyngedig”)
(This note is not part of the Regulations)