2018 No. 441 (W. 77)
The Welsh Language Standards (No. 7) Regulations 2018
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 interpretationI11
1
The title of these Regulations is the Welsh Language Standards (No. 7) Regulations 2018.
2
These Regulations come into force on 29 June 2018.
3
These Regulations apply in relation to Wales.
4
In these Regulations—
a “body” (“corff”) means a person listed in Schedule 6;
a “care home service” (“gwasanaeth cartref gofal”) has the same meaning as in section 2(2) of, and paragraph 1 of Schedule 1 to, the Regulation and Inspection of Social Care (Wales) Act 20162;
a “case conference” (“cynhadledd achos”) means an interaction the main purpose of which is to discuss an individual’s (“A”) health related provision and is between—
- a
A,
- b
one or more bodies, and
- c
one or more persons where at least one of those persons is a county council or a county borough council in Wales;
- a
a “clinic” (“clinig”) is a surgery or consulting room in which—
- a
a clinical consultation; or
- b
a private clinical consultation;
takes place;
a “clinical consultation” (“ymgynghoriad clinigol”) means a health provision interaction between one or more individuals and a body;
- a
“health provision” (“darpariaeth iechyd”) means the provision of health services as part of the national health service to an individual and includes the assessment, diagnosis or treatment of that individual;
“health related provision” (“darpariaeth sy’n ymwneud ag iechyd”) means provision of services to an individual which may have an effect on the health of that individual but which are not health provision or private health provision;
a “hospital” (“ysbyty”) means—
- a
any institution for the reception and treatment of persons suffering from illness,
- b
any maternity home, and
- c
any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
- a
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;
an “individual” (“unigolyn”) means a natural person ordinarily resident in Wales acting in their personal capacity; but does not include an individual acting in their capacity as a volunteer;
an “in-patient” (“claf mewnol”) means an individual who is admitted to hospital for at least one night;
an “in-patient admission” (“derbyniad fel claf mewnol”) begins on the day the in-patient is admitted to hospital and ends on the day the in-patient ceases to be in hospital;
a “member of staff” (“aelod o staff”) means an employee of a body or a natural person working for a body but not a person appointed to a body by the Welsh Ministers, a Minister of the Crown, Secretary of State, a county council or county borough council or a voluntary organisation3 (and “staff” (“staff”) must be construed accordingly);
“national health service” (“gwasanaeth iechyd gwladol”) means the comprehensive health service in Wales continued under section 1(1) of the National Health Service (Wales) Act 20064;
a “national health service clinic” (“clinig gwasanaeth iechyd gwladol”) means a clinic vested in the Welsh Ministers, a Local Health Board or a National Health Service Trust;
a “national health service hospital” (“ysbyty gwasanaeth iechyd gwladol”) means a hospital vested in the Welsh Ministers, a Local Health Board or a National Health Service Trust;
a “primary care provider” (“darparwr gofal sylfaenol”) means a person who provides a primary care service on behalf of a Local Health Board;
a “primary care service” (“gwasanaeth gofal sylfaenol”) means a service provided under a contract, arrangement or agreement made under or by virtue of any of the following provisions of the National Health Service (Wales) Act 2006—
- a
section 41(2)(b) (primary medical services);
- b
section 42(1) (general medical services contracts);
- c
section 50 (arrangements by Local Health Boards for the provision of primary medical services);
- ch
section 57(1) (general dental services contracts);
- d
section 64 (arrangements by Local Health Boards for the provision of primary dental services);
- dd
(section 71 (arrangements for general ophthalmic services);
- e
section 80 (arrangements for pharmaceutical services);
- f
section 81 (additional pharmaceutical services);
- ff
section 92 (pilot schemes);
- g
section 102 (local pharmaceutical services schemes);
- a
a “private clinic” (“clinig preifat”) means a clinic which is not a national health service clinic;
a “private clinical consultation” (“ymgynghoriad clinigol preifat”) means a private health provision interaction between one or more individuals and a person;
“private health provision” (“darpariaeth iechyd breifat”) means the provision of health services not as part of the national health service to an individual and includes the assessment, diagnosis or treatment of that individual; and
a “private hospital” (“ysbyty preifat”) means a hospital which is not a national health service hospital.
5
Subject to paragraphs (7), (8), (9) and (10), 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.
6
Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where it is carrying out that activity or providing that service on behalf of a third party under arrangements made between it and the third party, except in relation to—
a
a clinical consultation,
b
a case conference, or
c
an in-patient (when the in-patient is not attending a clinical consultation).
7
Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out on its behalf or a service provided on its behalf by a third party under arrangements made between it and the third party in relation to—
a
a clinical consultation,
b
a case conference, or
c
an in-patient (when the in-patient is not attending a clinical consultation).
8
Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where that activity is carried out or that service is provided on its behalf—
a
in a private hospital or private clinic in Wales,
b
on a private ward in a hospital in Wales, or
c
in a hospital or clinic located outside of Wales.
9
Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where that activity is carried out or that service is provided on its behalf by a primary care provider.
10
Nothing in these Regulations requires a body to comply with a standard in relation to an activity carried out by it or a service provided by it where the activity carried out or the service provided on its behalf is a care home service.
Standards specifiedI22
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 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.
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
In Schedule 5—
a
Part 1 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4;
b
Part 2 makes provision about interpreting the supplementary standards.
Standards that are specifically applicableI33
1
The Welsh Ministers authorise 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 and Schedules 1 to 5.
2
But the Commissioner is not authorised to give a compliance notice to—
a
National Health Service Trusts in Wales requiring them to comply with the following standards—
i
65 to 68,
ii
78 to 78A;
b
F4the Citizen Voice Body requiring it to comply with the following standards—
i
23 to 25,
ii
64 to 68,
iii
78 to 78A,
iv
110 and 110A.
Amendment of Welsh Language Standards (No. 4) Regulations 2016I44
1
In regulation 3 of the Welsh Language Standards (No. 4) Regulations 2016 (“the No. 4 Regulations”)5 for paragraph (2) substitute—
2
But the Commissioner is not authorised to give a compliance notice to—
a
the Agricultural Land Tribunal (Wales), the Mental Health Review Tribunal for Wales, the Residential Property Tribunal Wales and the Special Educational Needs Tribunal for Wales requiring them to comply with the following standards—
i
92 to 139,
ii
144 to 148,
iii
161 to 166;
b
Social Care Wales6 requiring it to comply with standard 60.
2
In Schedule 6 to the No. 4 Regulations in the appropriate place insert—
Social Care Wales (“Gofal Cymdeithasol Cymru”)
SCHEDULE 1Service Delivery Standards
I5PART 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—
|
(b) When a body corresponds with more than one member of the same household | |
Standard 3: | When you send correspondence addressed to one or more 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—
|
(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: |
|
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 if that is the person’s wish until such point as—
|
Standard 11: | 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 12: | 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 13: | 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 14: | 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 15: | Your main telephone call answering service (or services) must inform persons calling, in Welsh, that they can leave a message in Welsh. |
Standard 16: | 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 17: | 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—
|
Standard 18: | 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 19: | 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 20: | 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 public |
(1) Meetings between a body and one other invited person | |
Standard 21: | If you invite one person only (“P”) to a meeting—
|
(2) Meetings between a body and more than one invited person | |
Standard 22: | 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 22A: | 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 or consecutive translation service from Welsh to English to be available at the meeting. |
Standard 22B: | 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 or consecutive translation service from Welsh to English to be available at the meeting. |
Standard 22C: | 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 or consecutive translation service from Welsh to English to be available at the meeting. |
Standard 22CH: | 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 or, if necessary, arrange for a simultaneous or consecutive translation service from Welsh to English to be available at the meeting. |
4 | Standards relating to in-patients |
Standard 23: | You must ask an in-patient (“A”) on the first day of A’s in-patient admission whether A wishes to use the Welsh language to communicate with you during that in-patient admission. |
Standard 23A: | If the in-patient (“A”) informs you that A wishes to use the Welsh language to communicate with you during an in-patient admission you must identify to your staff who are likely to communicate with A, that A wishes to use the Welsh language to communicate with you during that in-patient admission. |
Standard 24: | You must produce and publish a policy on how to establish whether an in-patient (“A”) wishes to use the Welsh language during A’s in-patient admission if A is unable to inform you that A wishes to use the Welsh language to communicate with you during an in-patient admission. |
5 | Standards relating to case conferences |
Standard 25: | If you invite an individual (“A”), to a case conference which will be held 5 or more working days after the invitation is sent—
|
6 | 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 and at which public participation is allowed 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 and at which public participation is allowed, 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 and at which public participation is allowed, you must—
|
Standard 29: | If you arrange a meeting that is open to the public and at which public participation is allowed, 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—
|
Standard 30: | If you produce and 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. |
7 | 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 you produce and display at the event and in relation to audio announcements made at the event). |
8 | 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. |
9 | Standards relating to a body displaying material in public |
Standard 34: | Any material that you produce and 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 produce and 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. |
10 | Standards relating to a body producing and publishing documents and forms |
Standard 36: | If you produce a form that is to be completed by an individual, you must produce it in Welsh. |
Standard 37: | If you produce a document (but not a form) which is available to one or more individuals, you must produce it in Welsh—
|
Standard 38: | If you produce a document or a form in Welsh and in English you must—
|
11 | Standards relating to a body’s websites and on-line services |
(1) Websites published by a body | |
Standard 39: | You must ensure that—
|
Standard 40: | You must ensure that—
|
Standard 41: | You must ensure that when you publish a new page on your website or amend a page—
|
Standard 42: | 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 43: | You must provide the interface and menus on every page of your website in Welsh. |
(2) Apps published by a body | |
Standard 44: | 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. |
12 | Standards relating to a body’s use of social media |
Standard 45: | When you use social media you must not treat the Welsh language less favourably than the English language. |
Standard 46: | If a person contacts you by social media in Welsh, you must reply in Welsh (if an answer is required). |
13 | Standards relating to signs and notices displayed or published by a body |
Standard 47: |
|
Standard 48: |
|
Standard 49: | You must ensure that the Welsh language text on signs and notices is accurate in terms of meaning and expression. |
14 | Standards relating to a body receiving visitors at its buildings |
Standard 50: | Any reception service you make available in English at your reception must also be available in Welsh, and any person who requires a Welsh language reception service at your reception must not be treated less favourably than a person who requires an English language reception service. |
Standard 51: | If you have no face to face Welsh language reception service available at your reception, you must ensure that a Welsh language reception service is available over a phone in your reception. |
Standard 52: | 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 53: | 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 a body awarding grants |
Standard 54: | 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 55: | When you invite applications for a grant, you must—
|
Standard 56: | 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. |
16 | Standards relating to a body awarding contracts |
Standard 57: | Any invitations to tender for a contract that you publish must be published in Welsh if the subject matter of the contract suggests that it should be produced in Welsh, and you must not treat a Welsh language version of any invitation less favourably than an English language version. |
Standard 58: | When you publish invitations to tender for a contract, you must—
|
Standard 59: | 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. |
17 | Standards for raising awareness about Welsh language services provided by a body |
Standard 60: | You must promote any Welsh language service that you provide, and advertise that service in Welsh. |
Standard 61: | 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. |
18 | Standard relating to a body’s corporate identity |
Standard 62: | When you form, revise or present your corporate identity, you must not treat the Welsh language less favourably than the English language. |
19 | Standard relating to courses offered by a body |
Standard 63: | If you offer an education course to one or more individuals, you must—
|
20 | Standard relating to public address systems used by a body |
Standard 64: | When you announce a recorded 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. |
21 | Standards relating to primary care |
Standard 65: | When you know that a primary care provider is willing to provide a primary care service or part of a primary care service through the medium of Welsh, you must designate and maintain a page on your website (in Welsh) containing that information. |
Standard 66: | You must—
|
Standard 67: | You must—
|
Standard 68: | You must provide training courses, information or hold events so that a primary care provider can develop—
|
I6PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
Sch. 1 Pt. 2 in force at 29.6.2018, see reg. 1(2)
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). |
Column 1 | Column 2 | |
---|---|---|
Row | Main standard | 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 | Standard 10 | |
(7) | Receiving telephone calls | |
Standard 10 | Standard 9 Standard 13 | |
(8) | Raising awareness about telephone services in Welsh | |
Standard 13 | Standard 10 Standard 15 and Standard 16 | |
(9) | Meetings with more than one person | |
Standard 22 | One or more of the following: Standard 22A Standard 22B Standard 22C and also; Standard 22CH | |
(10) | Meetings with more than one person | |
Standard 22A, 22B, 22C or 22CH | Standard 22 | |
(11) | In-patients | |
Standard 23 | Standard 23A | |
(12) | In-patients | |
Standard 23A | Standard 23 | |
(13) | Public meetings | |
Standard 26 | Standard 29 | |
(14) | Public meetings | |
Standard 29 | Standard 26 | |
(15) | Documents and forms | |
Standard 36 or 37 | Standard 38 | |
(16) | Websites | |
Standard 39, 40 or 41 | Standard 42 | |
(17) | Signs and notices | |
Standard 47 or 48 | Standard 49 | |
(18) | Reception | |
Standard 50 | Standard 52 Standard 53 | |
(19) | Reception | |
Standard 51 | Standard 52 | |
(20) | Raising awareness of Welsh-language services in a reception | |
Standard 52 | One or more of the following: Standard 50 Standard 51 | |
(21) | Grants | |
Standard 55 | Standard 56 | |
(22) | Contracts | |
Standard 58 | Standard 59 |
I7PART 3INTERPRETING THE STANDARDS
Sch. 1 Pt. 3 in force at 29.6.2018, see reg. 1(2)
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— (a) delivers services to a person, or (b) deals with any other person in connection with delivering services— (i) to that other person, or (ii) to a third person. |
25 | The standards do not apply to the extent that the activity carried out or the service provided relates to research. |
26 | 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. |
27 | For the purposes of the standards— (a) a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard); (b) a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard). |
28 | (1) A body is not required to translate into Welsh any text that it has not produced (“text A”). (2) A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3). (3) A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with— (a) its Welsh Language Scheme; (b) a duty to comply with standards; (c) Standing Orders of the Assembly; (ch) section 35(1C) of the 2006 Act; or (d) the Assembly Commission’s Official Languages Scheme. (4) In this paragraph— (a) “Welsh Language Scheme” means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 19937; (b) “a duty to comply with standards” means a duty to comply with a standard under section 25 of the Welsh Language (Wales) Measure 2011; (c) “the 2006 Act” means the Government of Wales Act 20068; (ch) “Standing Orders of the Assembly” means standing orders made under section 31 of the 2006 Act; (d) “the Assembly Commission’s Official Languages Scheme” means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act. |
29 |
|
30 |
|
31 |
|
32 | For the purposes of standards 2, 3 and 19, 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. |
33 | Standards 1 to 5 do not apply to correspondence which contains the report of a clinical consultation (including, for example, test results). |
34 | Standards 4 and 5 do not apply to correspondence between a body and a person (who is not an individual) about one or more individuals. |
35 | Standards 8 to 10 and 13 to 16 do not apply to calls made to the following telephone numbers—
|
36 | Standard 19 does not apply to the extent that the activity carried out or the service provided relates to a primary care service. |
37 | In standard 20 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 keys in order to choose different options. |
38 |
|
39 |
|
40 | In standard 25—
|
41 | Standard 32 does not apply to—
|
42 | Standards 32 and 64 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill. |
43 | Where a standard refers to material that is to be produced in Welsh (with the exception of standards 39 to 44 (websites and apps), 45 and 46 (social media) and 57 (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—
|
44 | For the purposes of standard 37 references to documents or other materials being available to one or more individuals do not include documents or materials that are only available to individuals by virtue of the Freedom of Information Act 200011. |
45 |
|
46 | Standards 36 to 38 do not apply—
|
47 | Standards 39 to 43 (websites) do not apply to—
|
48 |
|
49 | For the purpose of standards 39 to 41 (websites), 44 (apps) and 45 (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. |
50 |
|
51 | Standards 45 and 46 (social media) do not apply to—
|
52 |
|
53 | For the purposes of standards 7 and 47 to 49 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment. |
54 | For the purposes of standard 57 (invitation to tender)—
|
55 |
|
56 | For the purposes of standard 63 (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 individuals; but does not include—
|
57 | For the purposes of the standards “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—
|
SCHEDULE 2Policy making standards
I8PART 1THE STANDARDS
Sch. 2 Pt. 1 in force at 29.6.2018, see reg. 1(2)
1 | Standards relating to considering the effects of a body’s policy decisions on the Welsh language |
Standard 69: | 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—
|
Standard 70: | 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—
|
Standard 71: | 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—
|
Standard 72: | 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—
|
Standard 73: | 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—
|
Standard 74: | 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—
|
Standard 75: | 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 76: | 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 positive effects, or so that it would have increased positive effects, on—
|
Standard 77: | 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—
|
Standard 78: | You must publish a policy on providing a primary care service which requires you to take the following into account when you make decisions in relation to providing a primary care service—
|
Standard 78A: | On the expiry of 5 years after publishing the policy in accordance with standard 78 (whether or not revisions have been made to that policy) and on the expiry of each subsequent period of 5 years you must —
|
I9PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
Sch. 2 Pt. 2 in force at 29.6.2018, see reg. 1(2)
2 | 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. |
Column 1 | Column 2 | |
---|---|---|
Row | Main standard | Reliant standard |
(1) | Policy on a primary care service | |
Standard 78A | Standard 78 |
I10PART 3INTERPRETING THE STANDARDS
Sch. 2 Pt. 3 in force at 29.6.2018, see reg. 1(2)
3 | 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—
|
4 | In Part 1 of this Schedule a reference to positive or adverse effects is a reference to such effects whether direct or indirect. |
5 | Standards 75 to 77 do not apply to the extent that the research commissioned or undertaken is or relates to medical research. |
SCHEDULE 3Operational standards
I11PART 1THE STANDARDS
Sch. 3 Pt. 1 in force at 29.6.2018, see reg. 1(2)
1 | Standards relating to the use of the Welsh language within a body’s internal administration |
Standard 79: | 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 80: | 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 81: | You must ask each employee (“A”) whether A wishes to receive any of the following in Welsh, and if A wishes to receive one or more in Welsh you must provide it (or them) to A in Welsh—
|
Standard 82: | If you publish any of the following, you must publish it in Welsh—
|
2 | Standards relating to complaints made by a member of a body’s staff |
Standard 83: | You must allow and 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 84: | 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 85: | When you inform a member of staff (“A”) of a decision you have reached in relation to a complaint made by A, or in relation to a complaint made about A, you must do so in Welsh if A—
|
3 | Standards relating to a body disciplining staff |
Standard 86: | You must—
|
Standard 87: | 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 88: | When you inform a member of staff (“A”) of a decision you have reached following a disciplinary procedure, you must do so in Welsh if A—
|
4 | Standards relating to a body’s information technology and about support material provided by a body, and relating to the intranet |
Standard 89: | 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 90: | You must ensure that—
|
Standard 91: | You must ensure that—
|
Standard 92: | You must ensure that each time you publish a new intranet page or amend a page—
|
Standard 93: | 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 94: | 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 95: | 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 96: | You must assess the Welsh language skills of your employees. |
Standard 97: | You must provide opportunities for training in Welsh in the following areas, if you provide such training in English—
|
Standard 98: | You must provide opportunities for training in Welsh on using Welsh effectively in—
|
Standard 99: | You must provide opportunities during working hours—
|
Standard 100: | 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 101: | You must provide opportunities for employees to receive training, free of charge, to improve their Welsh language skills. |
Standard 102: | You must provide training courses so that your employees can develop—
|
Standard 103: | 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 104: | You must provide—
|
Standard 105: | You must—
|
6 | Standards relating to a body recruiting and appointing |
Standard 106: | 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 106A: | If you have categorised a post as one where Welsh language skills are essential, desirable or need to be learnt you must—
|
Standard 107: | 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 107A: | 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 107B: | 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 applicants of decisions). |
Standard 108: | You must ensure that your application forms for posts provide a space for applicants to indicate that they wish an interview or other method of assessment in Welsh and if an applicant so wishes, you must conduct any interview or other method of assessment in Welsh, or, if necessary, provide a simultaneous or consecutive translation service from Welsh to English for that purpose. |
Standard 109: | When you inform an applicant 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 a plan dealing with offering to carry out clinical consultations in Welsh |
Standard 110: | You must publish a plan for each 5 year period setting out—
|
Standard 110A: | Three years after publishing a plan in accordance with standard 110, and at the end of a plan’s 5 year period you must—
|
8 | Standards relating to signs and notices displayed or published in a body’s workplace |
Standard 111: | When you—
any text displayed on the sign or notice must be displayed in Welsh (whether on the same sign or notice as the corresponding English language text or on a separate sign or notice), 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 112: | When you—
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 113: | You must ensure that the Welsh language text on signs and notices displayed in your workplace is accurate in terms of meaning and expression. |
9 | Standard relating to audio announcements and messages in a body’s workplace |
Standard 114: | When you make a recorded announcement 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. |
I12PART 2STANDARDS THAT ARE RELIANT ON OTHER STANDARDS – SPECIAL CONDITIONS
Sch. 3 Pt. 2 in force at 29.6.2018, see reg. 1(2)
10 | 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. |
Column 1 | Column 2 | |
---|---|---|
Row | Main standard | Reliant standard |
(1) | Intranet | Standard 93 |
Standards 90, 91 or 92 | ||
(2) | Recruiting and appointing | Standard 106A |
Standard 106 | ||
(3) | Recruiting and appointing | Standard 107A Standard 107B Standard 109 |
Standard 107 | ||
(4) | Plan relating to clinical consultations | Standard 110A |
Standard 110 | ||
(5) | Plan relating to clinical consultations | Standard 110 |
Standard 110A | ||
(6) | Internal signs and notices | Standard 113 |
Standard 111 |
I13PART 3INTERPRETING THE STANDARDS
Sch. 3 Pt. 3 in force at 29.6.2018, see reg. 1(2)
11 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
12 |
|
13 | For the purposes of standards 90 to 92 (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. |
14 | For the purposes of standards 107A (recruitment) and 111 (internal signs and notices), 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—
|
15 | 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). |
16 | Standards 90 to 92 (intranet) do not apply to—
|
17 | For the purposes of standards 106 and 106A only—
|
18 | For the purposes of standards 107 to 109 only “post” includes a voluntary post. |
19 | In standard 110 the “5 year period” means—
|
20 | In paragraph 19 the “imposition date” means the day from which a person is required to comply with standard 110 or to comply with it in a particular respect. |
21 | Standard 114 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
I14PART 1THE STANDARDS
Sch. 4 Pt. 1 in force at 29.6.2018, see reg. 1(2)
1 | Standards relating to a body keeping records |
Standard 115: | 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 116: | You must keep a record (following assessments of your employees’ Welsh language skills made in accordance with standard 96), 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 117: | 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 106) as posts where—
|
I15PART 2INTERPRETING THE STANDARDS
Sch. 4 Pt. 2 in force at 29.6.2018, see reg. 1(2)
2 | The standards specified in Part 1 of this Schedule must be interpreted as follows. |
3 | For the purposes of standards 115, 116 and 117 “financial year” means the body’s own financial year. |
SCHEDULE 5Standards which deal with Supplementary Matters
I16PART 1STANDARDS
Sch. 5 Pt. 1 in force at 29.6.2018, see reg. 1(2)
1 | A body publicising standards |
Standard 118: | You must ensure that a document which records the 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 on your website. |
2 | A body publishing a complaints procedure |
Standard 119: | You must—
|
3 | A body producing an annual report regarding standards |
Standard 120: |
|
4 | A body providing information to the Welsh Language Commissioner |
Standard 121: | You must provide the Welsh Language Commissioner (if requested by the Commissioner) with any information which relates to your compliance with the service delivery standards, the policy making standards or the operational standards with which you are under a duty to comply. |
I17PART 2INTERPRETING THE STANDARDS
Sch. 5 Pt. 2 in force at 29.6.2018, see reg. 1(2)
5 | The standards specified in Part 1 must be interpreted as follows. |
6 | For the purpose of standard 120, “financial year” means the body’s own financial year. |
7 | 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). |
I18SCHEDULE 6
Sch. 6 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(a); S.I. 2023/370, art. 3(1)(t)
Sch. 6 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(b); S.I. 2023/370, art. 3(1)(t)
Sch. 6 entry inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 16(3)(c); S.I. 2023/370, art. 3(1)(t)
(This note is not part of the Regulations)
Sch. 1 Pt. 1 in force at 29.6.2018, see reg. 1(2)