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Welsh Language (Wales) Measure 2011

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 OFFICIAL STATUS OF THE WELSH LANGUAGE

    1. 1.Official status of the Welsh language

  3. PART 2 THE WELSH LANGUAGE COMMISSIONER

    1. The Commissioner

      1. 2.The Welsh Language Commissioner

    2. General duty

      1. 3.The Commissioner’s principal aim

    3. Functions

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

      2. 5.Production of 5-year reports

      3. 6.5-year reports: supplementary

      4. 7.Inquiries

      5. 8.Judicial review and other legal proceedings

      6. 9.Legal assistance

      7. 10.Legal assistance: costs

      8. 11.Powers

      9. 12.Staff

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

      11. 14.Complaints procedure

      12. 15.Seal and validity of documents

      13. 16.Welsh Ministers' power of direction

      14. 17.Consultation

    4. Annual reports

      1. 18.Annual reports

      2. 19.Annual reports: supplementary

    5. Working with other ombudsmen, commissioners etc

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

      2. 21.Working collaboratively with ombudsmen, commissioners etc

    6. Disclosure of information

      1. 22.Power to disclose information

  4. PART 3 ADVISORY PANEL TO THE WELSH LANGUAGE COMMISSIONER

    1. 23.Advisory Panel

    2. 24.Consultation

  5. PART 4 STANDARDS

    1. CHAPTER 1 DUTY TO COMPLY WITH STANDARDS

      1. 25.Duty to comply with a standard

    2. CHAPTER 2 STANDARDS AND THEIR SPECIFICATION

      1. Specification of standards

        1. 26.Welsh Ministers to specify standards

        2. 27.Specification of standards: supplementary provision

      2. Service delivery standards

        1. 28.Service delivery standards

      3. Policy making standards

        1. 29.Policy making standards

      4. Operational standards

        1. 30.Operational standards

      5. Promotion standards

        1. 31.Promotion standards

      6. Record keeping standards

        1. 32.Record keeping standards

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

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

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

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

    4. CHAPTER 4 STANDARDS POTENTIALLY APPLICABLE

      1. 36.Persons within Schedule 6

      2. 37.Persons within Schedule 8

      3. 38.Amendment of standards potentially applicable

    5. CHAPTER 5 STANDARDS THAT ARE SPECIFICALLY APPLICABLE

      1. 39.Standards that are specifically applicable

      2. 40.Duty to make standards specifically applicable

      3. 41.Different standards relating to particular conduct

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

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

    6. CHAPTER 6 COMPLIANCE NOTICES

      1. Compliance notices

        1. 44.Compliance notices

      2. Giving compliance notices

        1. 45.Giving compliance notices to any person

        2. 46.Imposition days

        3. 47.Consultation

        4. 48.Giving compliance notices to contractors

      3. Varying compliance notices

        1. 49.Varying compliance notices

      4. Revoking compliance notices

        1. 50.Revoking compliance notices

      5. When compliance notice in force

        1. 51.When compliance notice in force

      6. Publicising compliance notices

        1. 52.Publicising compliance notices

      7. Cessation of requirement to comply with standard

        1. 53.Cessation of requirement to comply with standard

    7. CHAPTER 7 RIGHT OF CHALLENGE

      1. 54.Challenging future duties

      2. 55.Challenging existing duties

      3. 56.Applications to the Commissioner

      4. 57.Determining an application

      5. 58.Right of appeal

      6. 59.Appeals from Tribunal

      7. 60.Postponement of imposition of duty

    8. CHAPTER 8 STANDARDS INVESTIGATIONS AND REPORTS

      1. Standards investigations

        1. 61.Standards investigations

        2. 62.Power to carry out standards investigations

        3. 63.Requirements when carrying out standards investigations

      2. Standards reports

        1. 64.Standards report

      3. Welsh Ministers' power of direction

        1. 65.Direction to carry out standards investigation

      4. Regard to be had to standards report

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

    9. CHAPTER 9 GENERAL

      1. Exception for broadcasting

        1. 67.Exception for broadcasting

      2. Codes of practice

        1. 68.Codes of practice

        2. 69.Failure to comply with codes

      3. Interpretation

        1. 70.Interpretation

  6. PART 5 ENFORCEMENT OF STANDARDS

    1. CHAPTER 1 INVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC

      1. Investigations

        1. 71.Investigating failure to comply with standards etc

        2. 72.Discontinuing an investigation

      2. Determination of investigation

        1. 73.Determination of investigation

      3. Investigation reports

        1. 74.Investigation reports

      4. Decision notices

        1. 75.Decision notices

      5. No failure to comply: Commissioner’s options

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

      6. Failure to comply: Commissioner’s options

        1. 77.Failure to comply with a relevant requirement

      7. No imposed enforcement action

        1. 78.No imposed enforcement action

      8. Preventing continuation or repetition of D’s failure

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

        2. 80.Action plans

      9. Publicising D’s failure to comply

        1. 81.Publicising the failure to comply

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

      10. Civil penalties

        1. 83.Civil penalties

        2. 84.Imposition of civil penalty

      11. Consultation

        1. 85.Consultation before final determination etc

        2. 86.Consultation before final determination following an appeal

      12. When enforcement action takes effect

        1. 87.When enforcement action takes effect

      13. Enforcement by county court

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

        2. 89.Failure to comply with action plan

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

    2. CHAPTER 2 SETTLEMENT AGREEMENTS

      1. 91.Settlement agreements

      2. 92.Failure to comply with settlement agreement

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

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

      2. 94.Notification if no investigation etc

    4. CHAPTER 4 APPEALS

      1. 95.Appeals to the Tribunal

      2. 96.Powers of Tribunal on appeal

      3. 97.Appeals from Tribunal

      4. 98.Commissioner’s duty on an appeal

    5. CHAPTER 5 APPEALS BY THE COMPLAINANT

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

        1. 99.Right of appeal by P

        2. 100.Powers of Tribunal on appeal by P

        3. 101.Appeals from Tribunal

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

    6. CHAPTER 6 REVIEW BY THE COMPLAINANT

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

        1. 103.P’s right of review

        2. 104.Powers of Tribunal on review

        3. 105.Appeals from Tribunal

    7. CHAPTER 7 ADDING A PARTY TO PROCEEDINGS

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

    8. CHAPTER 8 GENERAL

      1. Obstruction and contempt

        1. 107.Obstruction and contempt

      2. Enforcement policy document

        1. 108.Enforcement policy document

      3. Register of enforcement action

        1. 109.Register of enforcement action

      4. Interpretation

        1. 110.Interpretation

  7. PART 6 FREEDOM TO USE WELSH

    1. 111.Application to Commissioner

    2. 112.Welsh communications

    3. 113.Interference with freedom to use Welsh

    4. 114.Deciding whether to investigate

    5. 115.Investigations

    6. 116.Discontinuing investigations

    7. 117.Concluding investigations

    8. 118.Reports

    9. 119.Annual report to Welsh Ministers

  8. PART 7 WELSH LANGUAGE TRIBUNAL

    1. The Tribunal

      1. 120.The Welsh Language Tribunal

      2. 121.Composition for proceedings before Tribunal

      3. 122.Hearings in public

    2. Practice and procedure etc

      1. 123.Welsh Language Tribunal Rules

      2. 124.Practice directions

      3. 125.Guidance, advice and information

      4. 126.Supplementary powers

    3. Staff and other resources

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

      2. 128.Specially qualified advisers

    4. Administrative matters

      1. 129.Seal

      2. 130.Financial year

      3. 131.Vacancy in the office of President

    5. Reports, reviews and performance

      1. 132.President’s annual report

      2. 133.Training etc for members of Tribunal

  9. PART 8 GENERAL

    1. CHAPTER 1 INTEGRITY

      1. 134.Register of interests

      2. 135.Publication of registers of interests

      3. 136.Conflicts of interest

      4. 137.Validity of acts

      5. 138.Regulations

      6. 139.Interpretation of this Chapter

    2. CHAPTER 2 DEFAMATION

      1. 140.Absolute privilege

      2. 141.Interpretation of this Chapter

    3. CHAPTER 3 RESTRICTIONS

      1. 142.Restrictions

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

    1. 143.Abolition of Board and transfer of functions

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

    3. 145.Replacement of Welsh language schemes with standards

    4. 146.Other provision

    5. 147.Supplementary

  11. PART 10 WELSH MINISTERS' WELSH LANGUAGE STRATEGY

    1. 148.Welsh Ministers to prepare an action plan

    2. 149.The Welsh Language Partnership Council

  12. PART 11 SUPPLEMENTARY

    1. 150.Orders and regulations

    2. 151.Directions

    3. 152.Notices etc

    4. 153.Interpretation of this Measure

    5. 154.Transitional and consequential provision etc

    6. 155.Extent

    7. 156.Commencement

    8. 157.Short title

    1. SCHEDULE 1

      THE WELSH LANGUAGE COMMISSIONER

      1. PART 1 STATUS ETC

        1. 1.Status

        2. 2.Validity of acts

      2. PART 2 APPOINTMENT

        1. 3.Appointment

        2. 4.Remuneration, allowances and pensions

        3. 5.Terms of appointment

        4. 6.Duration of appointment

        5. 7.Appointment regulations

        6. 8.Delegation of appointment functions etc

      3. PART 3 END OF APPOINTMENT

        1. 9.Resignation

        2. 10.Disqualification

        3. 11.Dismissal

        4. 12.Payments on ceasing to hold office

      4. PART 4 DISQUALIFICATION FROM BEING COMMISSIONER

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

      5. PART 5 FINANCIAL MATTERS

        1. 14.Payments by the Welsh Ministers

        2. 15.Financial year

        3. 16.Accounting officer

        4. 17.Estimates

        5. 18.Accounts

        6. 19.Audit

        7. 20.Examinations into the use of resources

      6. PART 6 GENERAL

        1. 21.Interpretation

    2. SCHEDULE 2

      INQUIRIES BY THE COMMISSIONER

      1. 1.Introduction

      2. 2.Terms of reference

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

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

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

      6. 6.Representations

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

      8. 8.Reports on inquiries

    3. SCHEDULE 3

      AMENDMENTS ABOUT JOINT AND COLLABORATIVE WORKING

      1. 1.Care Standards Act 2000

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

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

      4. 4.Public Services Ombudsman (Wales) Act 2005

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

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

      7. 7.Commissioner for Older People (Wales) Act 2006

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

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

    4. SCHEDULE 4

      MEMBERS OF THE ADVISORY PANEL

      1. PART 1 APPOINTMENT

        1. 1.Appointment

        2. 2.Remuneration, allowances and pensions

        3. 3.Terms of appointment

        4. 4.Duration of appointment

        5. 5.Appointment regulations

      2. PART 2 END OF APPOINTMENT

        1. 6.Resignation

        2. 7.Disqualification from membership

        3. 8.Dismissal

        4. 9.Payments on ceasing to hold office

      3. PART 3 DISQUALIFICATION

        1. 10.Disqualification on grounds of employment

      4. PART 4 GENERAL

        1. 11.Interpretation

    5. SCHEDULE 5

      CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 6

      1. 1.Entry (5): amendment by order

      2. 2.Entry (8): interpretation etc

      3. 3.Interpretation

    6. SCHEDULE 6

      PUBLIC BODIES ETC: STANDARDS

      1. 1.Interpretation etc

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

    7. SCHEDULE 7

      CATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 8

      1. 1.Services provided in shops: exclusions

      2. 2.Interpretation

    8. SCHEDULE 8

      OTHER BODIES: STANDARDS

      1. 1.Interpretation

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

      3. 3.Gas

      4. 4.Electricity

      5. 5.Postal services

      6. 6.Railways

      7. 7.Related services

    9. SCHEDULE 9

      ACTIVITIES IN RELATION TO WHICH SERVICE DELIVERY STANDARDS MUST BE SPECIFIED

    10. SCHEDULE 10

      COMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC

      1. PART 1 GENERAL

        1. 1.Introduction

        2. 2.Terms of reference

        3. 3.Representations

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

      2. PART 2 INFORMATION, DOCUMENTS AND ORAL EVIDENCE

        1. 5.Evidence notices

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

        3. 7.Confidentiality etc

        4. 8.(1) A must disregard a notice given under paragraph 5,...

        5. 9.Appeals

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

        7. 11.Enforcement

      3. PART 3 POWER OF ENTRY AND INSPECTION

        1. 12.Power of entry and inspection

    11. SCHEDULE 11

      THE WELSH LANGUAGE TRIBUNAL

      1. PART 1 NUMBER OF MEMBERS OF THE TRIBUNAL

        1. 1.Legally-qualified members

        2. 2.Lay members

      2. PART 2 APPOINTMENT

        1. 3.The President

        2. 4.Legally-qualified members

        3. 5.Lay members

        4. 6.Remuneration etc

        5. 7.Terms of appointment

        6. 8.Duration of appointment

        7. 9.Appointment regulations

      3. PART 3 END OF APPOINTMENT

        1. 10.Resignation

        2. 11.Disqualification from membership

        3. 12.Dismissal

      4. PART 4 DISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT

        1. 13.Disqualification from membership: employment

        2. 14.Disqualification from membership: unsuitability

        3. 15.Disqualification from appointment: age

        4. 16.Disqualification from appointment: previous appointment

        5. 17.Disqualification from appointment: previous dismissal from office

      5. PART 5 GENERAL

        1. 18.Interpretation

    12. SCHEDULE 12

      ABOLITION OF WELSH LANGUAGE BOARD: OTHER PROVISION

      1. 1.Staff of the Board

      2. 2.Property, rights and liabilities of the Board

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

      4. 4.References to the Board

      5. 5.Continuation of legal proceedings, validity of acts etc

      6. 6.Interpretation

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