E+W
Welsh Language (Wales) Measure 2011
2011 nawm 1
A Measure of the National Assembly for Wales to make provision about the official status of the Welsh language in Wales; to provide for a Welsh Language Partnership Council; to establish the Office of Welsh Language Commissioner; to provide for an Advisory Panel to the Welsh Language Commissioner; to make provision about promoting and facilitating the use of the Welsh language and treating the Welsh language no less favourably than the English language; to make provision about standards relating to the Welsh language (including duties to comply with those standards, and rights arising from the enforceability of those duties); to make provision about investigation of interference with the freedom to use the Welsh language; to establish a Welsh Language Tribunal; to abolish the Welsh Language Board and Welsh language schemes; and for connected purposes.
This Measure, passed by the National Assembly for Wales on 7 December 2010 and approved by Her Majesty in Council on 9 February 2011, enacts the following provisions:–
PART 1 E+WOFFICIAL STATUS OF THE WELSH LANGUAGE
1Official status of the Welsh languageE+W
(1)The Welsh language has official status in Wales.
(2)Without prejudice to the general principle of subsection (1), the official status of the Welsh language is given legal effect by the enactments about—
(a)duties on bodies to use the Welsh language, and the rights which arise from the enforceability of those duties, which enable Welsh speakers to use the language in dealings with those bodies (such as the provision of services by those bodies);
(b)the treatment of the Welsh language no less favourably than the English language;
(c)the validity of the use of the Welsh language;
(d)the promotion and facilitation of the use of the Welsh language;
(e)the freedom of persons wishing to use the Welsh language to do so with one another;
(f)the creation of the Welsh Language Commissioner; and
(g)other matters relating to the Welsh language.
(3)Those enactments include (but are not limited to) the enactments which—
(a)require the Welsh and English languages to be treated on the basis of equality in the conduct of the proceedings of the National Assembly for Wales;
(b)confer a right to speak the Welsh language in legal proceedings in Wales;
(c)give equal standing to the Welsh and English texts of—
(i)Measures and Acts of the National Assembly for Wales, and
(ii)subordinate legislation;
(d)impose a duty on the Welsh Ministers to adopt a strategy setting out how they propose to promote and facilitate the use of the Welsh language;
(e)create standards of conduct that relate to the use of the Welsh language, or the treatment of the Welsh language no less favourably than the English language, in connection with—
(i)delivering services,
(ii)making policy, and
(iii)exercising functions or conducting businesses and other undertakings;
(f)create standards of conduct in promoting and facilitating the use of the Welsh language;
(g)create standards of conduct for keeping records in connection with the Welsh language;
(h)impose a duty to comply with those standards of conduct that are created, and create remedies for failures to comply with them; and
(i)create the Welsh Language Commissioner with functions that include—
(i)promoting the use of the Welsh language,
(ii)facilitating the use of the Welsh language,
(iii)working towards ensuring that the Welsh language is treated no less favourably than the English language,
(iv)conducting inquiries into matters relating to the Commissioner's functions, and
(v)investigating interference with the freedom to use the Welsh language.
(4)This Measure does not affect the status of the English language in Wales.
PART 2 E+WTHE WELSH LANGUAGE COMMISSIONER
The CommissionerE+W
2The Welsh Language CommissionerE+W
(1)There is to be a Welsh Language Commissioner (referred to in this Measure as “the Commissioner”).
(2)The First Minister must appoint the Commissioner.
(3)Schedule 1 makes further provision about the Commissioner.
(4)For provision about the integrity of the Commissioner, see Chapter 1 of Part 8.
Commencement Information
I1S. 2(2)(3) in force at 28.6.2011 for specified purposes by S.I. 2011/1586, art. 2(a)
General dutyE+W
3The Commissioner's principal aimE+W
(1)The principal aim of the Commissioner in exercising his or her functions is to promote and facilitate the use of the Welsh language.
(2)The actions which the Commissioner must undertake in exercising functions in accordance with subsection (1) include (but are not limited to) working towards increasing—
(a)the use of the Welsh language in the provision of services, and
(b)other opportunities for persons to use the Welsh language.
(3)In exercising functions in accordance with subsection (1), the Commissioner must have regard to—
(a)the official status which the Welsh language has in Wales,
(b)the duties to use Welsh which are (or may be) imposed by law, and the rights which arise from the enforceability of those duties,
(c)the principle that, in Wales, the Welsh language should be treated no less favourably than the English language, and
(d)the principle that persons in Wales should be able to live their lives through the medium of the Welsh language if they choose to do so.
FunctionsE+W
4Promoting and facilitating use of Welsh and treating Welsh no less favourably than EnglishE+W
5Production of 5-year reportsE+W
65-year reports: supplementaryE+W
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Judicial review and other legal proceedingsE+W
9Legal assistanceE+W
10Legal assistance: costsE+W
11PowersE+W
12StaffE+W
13Exercise of Commissioner's functions by staffE+W
14Complaints procedureE+W
15Seal and validity of documentsE+W
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17ConsultationE+W
Annual reportsE+W
18Annual reportsE+W
(1)The Commissioner must produce a report in relation to each financial year of the Commissioner (an “annual report”).
(2)An annual report must include the following matters—
(a)a summary of the action taken in the exercise of the Commissioner's functions;
(b)a review of issues relevant to the Welsh language;
(c)a summary of the Commissioner's work programme;
(d)the Commissioner's proposals for a work programme for the following financial year;
(e)a summary of the complaints made in accordance with the procedure established under section 14.
(3)An annual report may also include any other matters which the Commissioner thinks it appropriate to include in such a report.
(4)For provision about the Commissioner's financial year, see paragraph 15 of Schedule 1.
19Annual reports: supplementaryE+W
(1)In preparing each annual report, the Commissioner may consult—
(a)the Advisory Panel, and
(b)any other persons that the Commissioner thinks it appropriate to consult.
(2)The Commissioner must publish each annual report in Welsh and in English.
(3)The Commissioner must publish each annual report no later than 31 August in the financial year following the financial year to which the report relates.
(4)As soon as reasonably practicable after each annual report is published, the Commissioner must send a copy of the report to the Welsh Ministers.
(5)The Welsh Ministers must—
(a)examine each annual report submitted to them, and
(b)lay a copy of the report before the National Assembly for Wales.
Working with other ombudsmen, commissioners etcE+W
20Working jointly with the Public Services Ombudsman for WalesE+W
(1)This section applies if it appears to the Commissioner that the subject matter of a particular standards enforcement investigation (the “Commissioner's investigation”) could also be the subject of an investigation by the Public Services Ombudsman for Wales.
(2)If the Commissioner thinks it appropriate, he or she must—
(a)inform the Ombudsman about the Commissioner's investigation (including the Commissioner's proposals for undertaking the investigation), and
(b)consult the Ombudsman in relation to the Commissioner's investigation.
(3)If the Commissioner consults the Ombudsman in relation to the Commissioner's investigation, the Commissioner and the Ombudsman may do any or all of the following—
(a)co-operate with each other in relation to the investigation;
(b)conduct a joint investigation;
(c)prepare and publish a joint report in relation to the investigation.
(4)The Welsh Ministers may by order—
(a)provide for this section to apply in relation to any other person as it applies in relation to the Public Services Ombudsman for Wales, and
(b)make such other provision as the Welsh Ministers think appropriate in connection with, for the purposes of, or in consequence of provision made under paragraph (a).
(5)The provision that may be made under subsection (4) includes, but is not limited to—
(a)provision enabling or requiring the other person to work jointly with the Commissioner; and
(b)amendments of any enactment.
(6)Before making an order under subsection (4), the Welsh Ministers must consult the Commissioner and any other persons they think it appropriate to consult.
(7)In this section—
-
“investigation” (“ymchwiliad”), in relation to the Public Services Ombudsman for Wales, includes examination and inquiry, and cognate expressions are to be construed accordingly;
-
“standards enforcement investigation” (“ymchwiliad i orfodi safonau”) means an investigation which the Commissioner is entitled to undertake, or is undertaking, under section 71.
21Working collaboratively with ombudsmen, commissioners etcE+W
(1)This section applies if it appears to the Commissioner that the subject matter of a particular standards enforcement investigation (the “Commissioner's investigation”) relates to, or raises, a matter which could be the subject of an investigation by a particular ombudsman (the “connected matter”).
(2)If the Commissioner thinks it appropriate, he or she must inform the ombudsman about the connected matter.
(3)If the Commissioner undertakes the Commissioner's investigation, the Commissioner must, if he or she thinks it appropriate—
(a)inform the ombudsman about the investigation (including the Commissioner's proposals for undertaking the investigation), and
(b)consult the ombudsman in relation to the investigation.
(4)If the Commissioner undertakes the Commissioner's investigation and the ombudsman investigates the connected matter, they may do any or all of the following—
(a)co-operate with each other in relation to their separate investigations;
(b)conduct a joint investigation;
(c)prepare and publish a joint report in relation to their separate investigations or their joint investigation.
(5)If the Commissioner does not undertake the Commissioner's investigation, the Commissioner must, if he or she thinks it appropriate—
(a)give the person seeking to bring the case information about how to refer the connected matter to the ombudsman, and
(b)give that information to any other person interested in the case.
(6)In this section—
-
“investigation” (“ymchwiliad”), in relation to an ombudsman, includes examination and inquiry, and cognate expressions are to be construed accordingly;
-
“ombudsman” (“ombwdsmon”) means—
(a)the Public Services Ombudsman for Wales,
(b)the Children's Commissioner for Wales,
(c)the Commissioner for Older People in Wales, and
(d)the Commission for Equality and Human Rights;
-
“standards enforcement investigation” (“ymchwiliad i orfodi safonau”) means an investigation which the Commissioner is entitled to undertake, or is undertaking, under section 71.
(7)The Welsh Ministers may by order amend the definition of “ombudsman” in subsection (6) by—
(a)adding a person;
(b)omitting a person;
(c)changing a description of a person.
(8)The Welsh Ministers may, by order, make such other provision as the Welsh Ministers think appropriate in connection with, for the purposes of, or in consequence of provision made under subsection (7), including, but not limited to—
(a)provision enabling or requiring the other person to work with the Commissioner, and
(b)amendments of any enactment.
(9)Before making an order under subsection (7), the Welsh Ministers must consult the person concerned and any other persons they think it appropriate to consult.
(10)Schedule 3 contains amendments about other Commissioners and Ombudsmen working jointly and collaboratively with the Welsh Language Commissioner.
Disclosure of informationE+W
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 E+WADVISORY PANEL TO THE WELSH LANGUAGE COMMISSIONER
23Advisory PanelE+W
(1)The Welsh Ministers must appoint persons to be members of a panel of advisers to the Commissioner.
(2)The panel is to be known as the Advisory Panel to the Welsh Language Commissioner (referred to in this Measure as the “Advisory Panel”).
(3)The Welsh Ministers must secure that, as far as it is practicable, there are at least 3, but not more than 5, members of the Advisory Panel at any time.
(4)Schedule 4 makes further provision about the members of the Advisory Panel.
Commencement Information
I2S. 23(1) in force at 10.1.2012 for specified purposes by S.I. 2012/46, art. 2(b)
I3S. 23(4) in force at 10.1.2012 by S.I. 2012/46, art. 2(a)
24ConsultationE+W
(1)The Commissioner may consult the Advisory Panel on any matter.
(2)The other provisions of this Measure which provide for the Commissioner to consult the Advisory Panel do not limit subsection (1).
(3)References in this Measure to consultation with the Advisory Panel are to consultation with any or all of the members of the Advisory Panel.
PART 4 E+WSTANDARDS
CHAPTER 1E+WDUTY TO COMPLY WITH STANDARDS
25Duty to comply with a standardE+W
CHAPTER 2E+WSTANDARDS AND THEIR SPECIFICATION
Specification of standardsE+W
26Welsh Ministers to specify standardsE+W
27Specification of standards: supplementary provisionE+W
Service delivery standardsE+W
28Service delivery standardsE+W
Policy making standardsE+W
29Policy making standardsE+W
Operational standardsE+W
30Operational standardsE+W
Promotion standardsE+W
31Promotion standardsE+W
Record keeping standardsE+W
32Record keeping standardsE+W
CHAPTER 3E+WPERSONS LIABLE TO BE REQUIRED TO COMPLY WITH STANDARDS
33Persons liable to be required to comply with standardsE+W
34Persons who are within Schedules 5, 6, 7 and 8E+W
35Amendment of persons and categories specified in Schedules 6 and 8E+W
CHAPTER 4E+WSTANDARDS POTENTIALLY APPLICABLE
36Persons within Schedule 6E+W
37Persons within Schedule 8E+W
38Amendment of standards potentially applicableE+W
CHAPTER 5E+WSTANDARDS THAT ARE SPECIFICALLY APPLICABLE
39Standards that are specifically applicableE+W
40Duty to make standards specifically applicableE+W
41Different standards relating to particular conductE+W
42Duty to make certain service delivery standards specifically applicableE+W
43Limitation on power to make standards specifically applicableE+W
CHAPTER 6E+WCOMPLIANCE NOTICES
Compliance noticesE+W
44Compliance noticesE+W
Giving compliance noticesE+W
45Giving compliance notices to any personE+W
46Imposition daysE+W
47ConsultationE+W
48Giving compliance notices to contractorsE+W
Varying compliance noticesE+W
49Varying compliance noticesE+W
Revoking compliance noticesE+W
50Revoking compliance noticesE+W
When compliance notice in forceE+W
51When compliance notice in forceE+W
Publicising compliance noticesE+W
52Publicising compliance noticesE+W
Cessation of requirement to comply with standardE+W
53Cessation of requirement to comply with standardE+W
CHAPTER 7E+WRIGHT OF CHALLENGE
54Challenging future dutiesE+W
55Challenging existing dutiesE+W
56Applications to the CommissionerE+W
57Determining an applicationE+W
58Right of appealE+W
59Appeals from TribunalE+W
60Postponement of imposition of dutyE+W
CHAPTER 8E+WSTANDARDS INVESTIGATIONS AND REPORTS
Standards investigationsE+W
61Standards investigationsE+W
62Power to carry out standards investigationsE+W
63Requirements when carrying out standards investigationsE+W
Standards reportsE+W
64Standards reportE+W
Welsh Ministers' power of directionE+W
65Direction to carry out standards investigationE+W
Regard to be had to standards reportE+W
66Welsh Ministers to have due regard to reportE+W
CHAPTER 9E+WGENERAL
Exception for broadcastingE+W
67Exception for broadcastingE+W
Codes of practiceE+W
68Codes of practiceE+W
69Failure to comply with codesE+W
InterpretationE+W
70InterpretationE+W
PART 5 E+WENFORCEMENT OF STANDARDS
CHAPTER 1E+WINVESTIGATING FAILURE TO COMPLY WITH STANDARDS ETC
InvestigationsE+W
71Investigating failure to comply with standards etcE+W
72Discontinuing an investigationE+W
Determination of investigationE+W
73Determination of investigationE+W
Investigation reportsE+W
74Investigation reportsE+W
Decision noticesE+W
75Decision noticesE+W
No failure to comply: Commissioner's optionsE+W
76No failure to comply with a relevant requirementE+W
Failure to comply: Commissioner's optionsE+W
77Failure to comply with a relevant requirementE+W
No imposed enforcement actionE+W
78No imposed enforcement actionE+W
Preventing continuation or repetition of D's failureE+W
79Requirement to prepare action plan or take stepsE+W
80Action plansE+W
Publicising D's failure to complyE+W
81Publicising the failure to complyE+W
82Requiring the failure to comply to be publicisedE+W
Civil penaltiesE+W
83Civil penaltiesE+W
84Imposition of civil penaltyE+W
ConsultationE+W
85Consultation before final determination etcE+W
86Consultation before final determination following an appealE+W
When enforcement action takes effectE+W
87When enforcement action takes effectE+W
Enforcement by county courtE+W
88Failure to comply with requirement to take stepsE+W
89Failure to comply with action planE+W
90Failure to comply with requirement to publicise failure to complyE+W
CHAPTER 2E+WSETTLEMENT AGREEMENTS
91Settlement agreementsE+W
92Failure to comply with settlement agreementE+W
CHAPTER 3E+WNON-COMPLIANCE WITH STANDARDS: COMPLAINTS BY PERSONS AFFECTED
93Consideration of whether to investigate if conduct complained aboutE+W
94Notification if no investigation etcE+W
CHAPTER 4E+WAPPEALS
95Appeals to the TribunalE+W
96Powers of Tribunal on appealE+W
97Appeals from TribunalE+W
98Commissioner's duty on an appealE+W
CHAPTER 5E+WAPPEALS BY THE COMPLAINANT
Appeals against a determination that D has not failed to comply with a standardE+W
99Right of appeal by PE+W
100Powers of Tribunal on appeal by PE+W
101Appeals from TribunalE+W
102Commissioner's duty on an appeal by PE+W
CHAPTER 6E+WREVIEW BY THE COMPLAINANT
Review of Commissioner's failure to investigate a complaintE+W
103P's right of reviewE+W
104Powers of Tribunal on reviewE+W
105Appeals from TribunalE+W
CHAPTER 7E+WADDING A PARTY TO PROCEEDINGS
106Right to apply to be added as a party to proceedingsE+W
CHAPTER 8E+WGENERAL
Obstruction and contemptE+W
107Obstruction and contemptE+W
Enforcement policy documentE+W
108Enforcement policy documentE+W
Register of enforcement actionE+W
109Register of enforcement actionE+W
InterpretationE+W
110InterpretationE+W
PART 6 E+WFREEDOM TO USE WELSH
111Application to CommissionerE+W
(1)An individual (P) may apply to the Commissioner for the Commissioner to investigate whether a person (D) has interfered with P's freedom to undertake a Welsh communication with another individual (R) (the “alleged interference”).
(2)An application under this section must comply with the following requirements.
(3)The application must be made in writing, unless P's personal circumstances are such that it would not be reasonable for P to make the application in writing.
(4)The application must give an address at which the Commissioner may contact P (whether the address is postal, electronic or of another description).
(5)The application must identify—
(a)D, and
(b)the alleged interference.
112Welsh communicationsE+W
In this Measure, “Welsh communication” means a communication in Welsh between two individuals, both of whom—
(a)are in Wales, and
(b)wish to use the Welsh language with one another in undertaking the communication.
113Interference with freedom to use WelshE+W
(1)For the purposes of this Measure, D is to be taken to interfere with P's freedom to undertake a Welsh communication with R in any of the following cases.
(2)Case 1 is where D indicates that P or R should not undertake—
(a)a particular communication in Welsh that is a Welsh communication, or
(b)a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.
(3)Case 2 is where D indicates that P or R will be subjected to a detriment (by D or any other person) because P or R has undertaken—
(a)a particular communication in Welsh that is a Welsh communication, or
(b)a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.
(4)Case 3 is where D, or a person acting at D's instigation, subjects P or R to a detriment because P or R has undertaken—
(a)a particular communication in Welsh that is a Welsh communication, or
(b)a category of communications in Welsh consisting (wholly or partly) of one or more Welsh communications.
(5)But, in a case falling within subsection (2)(b), (3)(b) or (4)(b), D is to be taken to interfere with P's freedom to undertake a Welsh communication only insofar as the category of communications consists of one or more Welsh communications.
(6)For the purposes of subsection (2), the circumstances in which D is to be taken to indicate that P or R should not undertake a particular communication, or a category of communications, include, but are not limited to, circumstances where—
(a)D instructs P or R not to undertake the communication or category of communications,
(b)D indicates that P or R will be subjected to a detriment (by D or any other person) if P or R undertakes the communication or category of communications, or
(c)D, or a person acting at D's instigation, subjects P or R to a detriment in connection with P or R undertaking the communication or category of communications.
(7)For the purposes of this section, it is irrelevant—
(a)whether or not D or any other person has authority to give an indication, and
(b)whether or not D or any other person has authority to enforce an indication.
(8)In this section, references to P or R being subjected to a detriment include P or R being intimidated, bullied, harassed or humiliated.
114Deciding whether to investigateE+W
(1)This section applies if P makes an application to the Commissioner under section 111.
(2)It is for the Commissioner to decide whether or not to investigate the alleged interference.
(3)When deciding whether to investigate the alleged interference, the Commissioner—
(a)must take into account the context in which interference is alleged to have taken place (including, but not limited to, the relationships, if any, that exist between D and P and between D and R);
(b)may ask P, D, or any other person, for information or views relating to the alleged interference; and
(c)must, if he or she asks P or D for information or views, give P or D the relevant information about investigations.
(4)Subsection (3) does not limit the matters which the Commissioner may consider when deciding whether to investigate the alleged interference.
(5)If the Commissioner decides to investigate the alleged interference, the Commissioner must—
(a)inform P and D of the decision, and
(b)give P and D the relevant information about investigations (insofar as the Commissioner has not already given the information under subsection (3)(c)).
(6)If the Commissioner decides not to investigate the alleged interference, the Commissioner must inform P of—
(a)the decision, and
(b)the reasons for reaching the decision.
(7)The Commissioner must comply with subsection (5) or (6) as soon as practicable after reaching the decision in question.
(8)In this section “relevant information about investigations” means information about—
(a)the procedure for carrying out investigations under this Part, and
(b)the Commissioner's powers in relation to such investigations (including, but not limited to, the power under section 118 to produce and publish reports and other documents).
115InvestigationsE+W
(1)This section applies if the Commissioner decides to investigate the alleged interference.
(2)The Commissioner may ask P, D, or any other person, for information or views relating to the alleged interference.
(3)The Commissioner must, so far as it is practicable, give D the opportunity to respond to the allegations made by P or any other person.
116Discontinuing investigationsE+W
(1)The Commissioner may, at any time, discontinue the investigation of the alleged interference.
(2)If the Commissioner decides to discontinue the investigation, the Commissioner must—
(a)inform P and D of the decision, and
(b)inform P of the reasons for reaching the decision.
(3)The Commissioner must comply with subsection (2) as soon as practicable after reaching the decision.
117Concluding investigationsE+W
(1)This section applies if the Commissioner—
(a)decides to investigate the alleged interference, and
(b)does not discontinue the investigation.
(2)The Commissioner must determine whether or not D has interfered with P's freedom to undertake the Welsh communication.
(3)If the Commissioner determines that D has interfered with P's freedom to undertake the Welsh communication, the Commissioner must also give his or her views on the interference (including, but not limited to, his or her views on whether the interference was justified).
(4)Before the Commissioner makes a determination under subsection (2) or gives his or her views under subsection (3), he or she must—
(a)inform D of the determination which the Commissioner is proposing to make and of the views which the Commissioner is proposing to give, and
(b)so far as it is practicable, give D the opportunity to respond to the proposed determination and views.
(5)The Commissioner must notify P and D—
(a)of the determination of P's application, and
(b)if the determination is that D has interfered with P's freedom to undertake the Welsh communication, of his or her views on the interference.
(6)The Commissioner must comply with subsection (5) as soon as practicable after making the determination.
(7)The Commissioner may give P, D, or any other person advice about—
(a)the alleged interference, or
(b)any matter that relates to the alleged interference.
118ReportsE+W
(1)This section applies in any case where an application is made under section 111.
(2)The Commissioner may produce, and give the Welsh Ministers, a report on—
(a)the application, and
(b)the action taken by the Commissioner in response to the application.
(3)The Commissioner must give copies of any such report to P and D.
(4)The Commissioner may publish—
(a)a report given to the Welsh Ministers under subsection (2),
(b)a version of such a report, or
(c)another document that relates (whether wholly or partly) to the subject matter of such a report,
(a “public document”), but only if the following conditions are met.
(5)The first condition is that the Commissioner—
(a)notifies P and D of the intention to publish a public document, and
(b)so far as it is practicable, gives P, D, or any other person the Commissioner considers appropriate, the opportunity to provide the Commissioner with views about publication of a public document.
(6)The second condition is that—
(a)P and D agree to the publication of a public document, or
(b)the Commissioner considers that it is in the public interest to publish a public document.
(7)In considering whether it is in the public interest to publish a public document, the Commissioner must take account of, amongst other things—
(a)the interests of P and D, and
(b)the interests of any other persons which the Commissioner thinks it is appropriate to take account of.
(8)In relation to any application in which the Commissioner determines that D has not interfered with P's freedom to undertake a Welsh communication, a public document must not identify D.
119Annual report to Welsh MinistersE+W
(1)The Commissioner must include in each annual report produced in accordance with Part 2 a report on—
(a)relevant applications made to the Commissioner in the period to which the report relates,
(b)the action taken by the Commissioner in response to relevant applications made in that period, and
(c)the Commissioner's view of the adequacy and effectiveness of the law in protecting the freedom of persons in Wales wishing to use the Welsh language to do so with one another.
(2)In formulating a view for the purposes of subsection (1)(c), the matters which the Commissioner must consider include, but are not limited to—
(a)all relevant applications made since section 111 came into force, and
(b)all action taken by the Commissioner in response to relevant applications made since section 111 came into force.
(3)In relation to any relevant application in which the Commissioner determines that D has not interfered with P's freedom to undertake a Welsh communication, the matters included in an annual report in accordance with this section must not identify D.
(4)The Welsh Ministers may, by regulations, make provision about reports under this section.
(5)In this section “relevant application” means an application made under section 111.
PART 7 E+WWELSH LANGUAGE TRIBUNAL
The TribunalE+W
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121Composition for proceedings before TribunalE+W
122Hearings in publicE+W
Practice and procedure etcE+W
123Welsh Language Tribunal RulesE+W
124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125Guidance, advice and informationE+W
126Supplementary powersE+W
Staff and other resourcesE+W
127Staff, accommodation and other resources of TribunalE+W
128Specially qualified advisersE+W
Administrative mattersE+W
129SealE+W
130Financial yearE+W
131Vacancy in the office of PresidentE+W
Reports, reviews and performanceE+W
132President's annual reportE+W
133Training etc for members of TribunalE+W
PART 8 E+WGENERAL
CHAPTER 1E+WINTEGRITY
134Register of interestsE+W
(1)Each relevant office holder must create and maintain a register of interests.
(2)A relevant office holder's register of interests must include all of his or her registrable interests.
(3)A relevant office holder must produce his or her register of interests in Welsh and in English.
(4)A relevant office holder must keep his or her register of interests up to date.
(5)That includes, but is not limited to, a duty to include a registrable interest in the register of interests within 4 weeks of—
(a)the interest arising, or
(b)the relevant office holder becoming aware of the interest (if that occurs after the interest arises).
135Publication of registers of interestsE+W
(1)The Commissioner must—
(a)ensure that a copy of the register of interests of each relevant office holder is available for inspection at the Commissioner's office, and
(b)ensure that copies of the register of interests of each relevant office holder are made available at such other places and by such other means (including by electronic means) as he or she thinks appropriate.
(2)The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of relevant office holders' registers of interests are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the registers.
(3)The Deputy Commissioner must give the Commissioner—
(a)such copies of the Deputy Commissioner's register of interests, and
(b)such other assistance,
as the Commissioner may require to enable him or her to comply with the duty under subsection (1).
136Conflicts of interestE+W
(1)A relevant office holder must not exercise a function if he or she has a registrable interest which relates to the exercise of the function.
(2)In a case where subsection (1) prevents the Commissioner from exercising a function, he or she must delegate that function (so far as necessary to enable that exercise of it to be carried out) to—
(a)the Deputy Commissioner, or
(b)another member of the Commissioner's staff.
(3)In a case where subsection (1) prevents the Deputy Commissioner from exercising a function, the Commissioner must make arrangements for the function to be exercised otherwise than by the Deputy Commissioner.
137Validity of actsE+W
The validity of an act of a relevant office holder is not affected by a failure to comply with any provision of, or made under, this Chapter.
138RegulationsE+W
(1)The Welsh Ministers may, by regulations—
(a)specify what interests are registrable interests for the purposes of this Chapter, and
(b)make other provision for the purposes of this Chapter.
(2)Registrable interests may, among other things, include interests of persons with whom relevant office holders have a connection (whether familial, financial or of any other kind).
(3)In this section “interest” means an interest of any kind (including, but not limited to, financial interests, and all activities and occupations).
Commencement Information
I5S. 138 in force at 28.6.2011 by S.I. 2011/1586, art. 2(b)
139Interpretation of this ChapterE+W
In this Chapter—
-
“registrable interest” (“buddiant cofrestradwy”) means a registrable interest specified in regulations made under section 138;
-
“relevant office holder” (“deiliad swydd perthnasol”) means—
(a)the Commissioner, or
(b)the Deputy Commissioner.
Commencement Information
I6S. 139 in force at 28.6.2011 by S.I. 2011/1586, art. 2(c)
CHAPTER 2E+WDEFAMATION
140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 3E+WRESTRICTIONS
142RestrictionsE+W
(1)This Measure does not authorise or require the Commissioner to exercise a prescribed function which by virtue of an enactment is also exercisable by a prescribed person.
(2)In this section “prescribed” means prescribed in an order made for the purposes of this section by the Welsh Ministers.
PART 9 E+WWELSH LANGUAGE BOARD, WELSH LANGUAGE SCHEMES ETC
143Abolition of Board and transfer of functionsE+W
(1)The Welsh Language Board is abolished.
(2)The functions conferred on the Board by section 3 of the 1993 Act are transferred to the Commissioner.
(3)But that is subject to any order under section 154 which provides for those functions to be transferred to the Welsh Ministers (whether instead of, or in addition to, the functions being transferred to the Commissioner).
(4)The functions conferred on the Board by Part 2 of the 1993 Act are transferred to the Commissioner.
(5)The following provisions of the 1993 Act are repealed—
(a)section 1;
(b)section 2;
(c)section 4(2);
(d)section 34(2);
(e)Schedule 1.
144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145Replacement of Welsh language schemes with standardsE+W
(1)The functions conferred on the Board by Part 2 of the 1993 Act (and transferred as mentioned in section 143) are abolished.
(2)The following provisions of the 1993 Act are repealed—
(a)Part 2;
(b)section 34(1) and (3).
146Other provisionE+W
Schedule 12 contains other provision relating to the abolition of the Board.
Commencement Information
I7S. 146 in force at 28.6.2011 for specified purposes by S.I. 2011/1586, art. 2(d)
147SupplementaryE+W
(1)The Welsh Ministers' powers under other Parts of this Measure may be exercised for the purpose of bringing into force any provision of this Measure relating to the Commissioner so as to enable functions of the Board to be transferred to, and to be exercisable by, the Commissioner before any new function is exercisable by the Commissioner (whether or not any new function subsequently becomes exercisable whilst any transferred function remains exercisable).
(2)For that purpose “new function” means a function which is conferred on the Commissioner by a provision of any other Part of this Measure.
(3)This Part does not limit the Welsh Ministers' powers under other Parts of this Measure (and accordingly those powers may be used to make provision in addition to, or in place of, provision in this Part).
(4)In this section, references to the Welsh Ministers' powers under other Parts of this Measure include, but are not limited to, their powers under—
(a)section 154 (transitional and consequential provision etc), and
(b)section 156(2) (commencement).
(5)In this Part—
-
“1993 Act” (“Deddf 1993”) means the Welsh Language Act 1993;
-
“Board” (“y Bwrdd”) means the Welsh Language Board.
PART 10 E+WWELSH MINISTERS' WELSH LANGUAGE STRATEGY
148Welsh Ministers to prepare an action planE+W
(1)Section 78 of the Government of Wales Act 2006 is amended as follows.
(2)After subsection (8), insert—
“(9)For each financial year, the Welsh Ministers must publish a plan setting out how they will implement the proposals set out in the Welsh language strategy during that year.
(10)The plan must be published as soon as reasonably practicable before the commencement of the financial year to which it relates.”
149The Welsh Language Partnership CouncilE+W
(1)The Welsh Ministers must establish and maintain a body to be known as the Welsh Language Partnership Council (referred to in this section as “the Partnership Council”).
(2)The Partnership Council is to consist of—
(a)the Welsh Minister with responsibility for the Welsh language (who is to chair the Partnership Council), and
(b)members appointed by the Welsh Ministers from among—
(i)the Welsh Ministers,
(ii)the Deputy Welsh Ministers,
(iii)persons who appear to the Welsh Ministers to have experience of matters relating to the Welsh language, and
(iv)persons who appear to the Welsh Ministers to have experience relevant to any of the matters listed in subsection (6).
(3)The Welsh Ministers must, in exercising their power to appoint members of the Partnership Council under subsection (2)(b)(iii) and (iv), have regard to the fact that it is desirable for the Partnership Council's membership to reflect the varying extent to which the Welsh language is used by those living in Wales.
(4)The Partnership Council's procedure is to be regulated by standing orders, to be made by the Welsh Ministers following consultation with the Partnership Council.
(5)The standing orders may make provision about who is to chair the Partnership Council in the absence of the Welsh Minister with responsibility for the Welsh language.
(6)The Partnership Council may—
(a)give advice or make representations to the Welsh Ministers in relation to the Welsh language strategy adopted under section 78 of the Government of Wales Act 2006 (including the plan setting out how the Welsh Ministers will implement the proposals set out in the strategy), and
(b)do anything it considers appropriate for the purposes of giving that advice or making those representations.
PART 11 E+WSUPPLEMENTARY
150Orders and regulationsE+W
(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.
(2)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—
(a)an order under section 20(4)(a) or (b) (application of section 20 to persons other than Public Services Ombudsman for Wales etc) that amends provision of primary legislation;
(b)an order under section 21(7) (amendment of definition of “ombudsman”);
(c)an order under section 21(8) (provision in connection with order under section 21(7)) that amends primary legislation;
(d)an order under section 22(10) (amendment of definition of “permitted person”);
(e)regulations under section 26(1) or (2) (specification of standards etc);
(f)an order under section 35 or 38 (amendment of Schedule 6 or 8), apart from an order containing provision under that section all of which is of the kind referred to in subsection (4);
(g)regulations under section 39 (standards that are specifically applicable);
(h)an order under section 42 (amendment of Schedule 9);
(i)regulations under section 68 (supply of information to Commissioner);
(j)an order under section 83(7) (alteration of maximum amount of civil penalty);
(k)an order under section 154 (transitional and consequential provision etc) that contains a provision amending, repealing or otherwise modifying an enactment (other than an enactment contained in subordinate legislation);
(l)regulations under paragraph 7(1) of Schedule 1 (provision about the appointment of the Commissioner);
(m)an order under paragraph 8(1) of Schedule 1 (exercise of Commissioner's functions by Welsh Ministers) that amends this Measure;
(n)an order under paragraph 1 of Schedule 5 (alteration of amount of public money specified in the Schedule 5 table).
(3)Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 156 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4)The provision mentioned in subsection (2)(f) is provision amending a reference to a person in the person's entry in the Schedule 6 table or Schedule 8 table in consequence of a change in that person's name.
(5)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—
(a)to make different provision for different cases, different purposes, or different geographical areas;
(b)to make provision generally or in relation to specific cases;
(c)to make such transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers think necessary or appropriate.
(6)The power of the Welsh Ministers under section 155(3) also includes, in the case of the commencement of the repeal of provision in the Welsh Language Act 1993, power to provide for different commencement for different jurisdictions.
(7)In this section “primary legislation” means an Act of Parliament or a Measure or Act of the Assembly.
151DirectionsE+W
Any direction given by the Welsh Ministers under this Measure—
(a)may be varied or revoked by a later direction;
(b)must be given in writing;
(c)may make provision generally or in relation to specific cases; and
(d)may make different provision for different cases, different purposes or different geographical areas.
152Notices etcE+W
(1)This section applies in relation to notices and other documents required or authorised to be given under this Measure.
(2)A notice or document that is required or authorised to be given to the Commissioner may be given—
(a)by delivering it to the Commissioner,
(b)by sending it by post to the principal office of the Commissioner, or
(c)subject to subsection (3), by transmitting it electronically.
(3)A notice or document may be given to the Commissioner by transmitting it electronically only if it has been transmitted in such manner as the Commissioner may require.
(4)A notice or document that the Commissioner is required or authorised to give to another person may be given—
(a)by delivering it to the person,
(b)by sending it by post to the person's last known address, or
(c)subject to subsection (5), by transmitting it electronically.
(5)The Commissioner may give a notice or document to a person by transmitting it electronically only if the following requirements are met—
(a)the person to whom the notice or document is to be given must have—
(i)indicated to the Commissioner that person's willingness to receive the notice or document by transmission by electronic means, and
(ii)provided the Commissioner with an address suitable for that purpose, and
(b)the Commissioner must send the notice or document to the address provided by that person.
(6)A person may give, for the purposes of subsection (4), an indication of willingness to receive—
(a)notices or documents generally by transmission by electronic means, or
(b)notices or documents of particular descriptions by electronic means.
(7)This section does not exclude any method of giving or sending a notice or other document not expressly provided for by this section.
(8)A requirement of this Measure for a notice or document to be in writing does not prevent this section from applying in relation to it.
(9)A requirement for the Commissioner to give a notice or other document to a person does not apply if the Commissioner thinks that it is not practicable to give that notice or document to that person in accordance with subsection (4).
(10)The Welsh Ministers may by order make provision about the date upon which a notice or document is deemed to have been given.
153Interpretation of this MeasureE+W
(1)In this Measure—
-
“Advisory Panel” (“Panel Cynghori”) means the Advisory Panel to the Welsh Language Commissioner (see Part 3);
-
“Commissioner” (“Comisiynydd”) means the Welsh Language Commissioner (see Part 2);
-
“Deputy Commissioner” (“Dirprwy Gomisiynydd”) means the Deputy Welsh Language Commissioner (see section 12);
-
“enactment” (“deddfiad”) includes an Assembly Measure, an Act of the Assembly, subordinate legislation and any future enactment;
-
“President” (“Llywydd”) means the President of the Welsh Language Tribunal (see Part 7);
-
“Tribunal” (“Tribiwnlys”) means the Welsh Language Tribunal (see Part 7);
-
“Tribunal Rules” (“Rheolau'r Tribiwnlys”) means Welsh Language Tribunal Rules (see Part 7).
(2)In this Measure references to the Commissioner's staff are to be construed in accordance with section 12(2).
154Transitional and consequential provision etcE+W
(1)The Welsh Ministers may, by order, make such transitional, transitory, consequential, saving, incidental and other provision as they think necessary or appropriate in connection with, or to give full effect to, this Measure.
(2)The provision that may be made under this section includes, but is not limited to, provision that amends, repeals or otherwise modifies an enactment.
155ExtentE+W
(1)This Measure extends to England and Wales only.
(2)But that is subject to subsection (3).
(3)A repeal of a provision of the Welsh Language Act 1993 has the same extent as the provision repealed.
156CommencementE+W
(1)The following provisions come into force on the day on which this Measure is approved by Her Majesty in Council—
(a)Part 1;
(b)this Part.
(2)Subject to subsection (1), this Measure comes into force in accordance with provision made by the Welsh Ministers by order.
157Short titleE+W
This Measure may be cited as the Welsh Language (Wales) Measure 2011.
(introduced by section 2)
SCHEDULE 1E+WTHE WELSH LANGUAGE COMMISSIONER
PART 1 E+WSTATUS ETC
StatusE+W
1(1)The Commissioner is a corporation sole.E+W
(2)The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
(3)The Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
(4)When exercising functions in relation to the Commissioner, the Welsh Ministers must have regard to the fact that it is desirable to ensure that the Commissioner is under as few constraints as reasonably possible in determining his or her—
(a)activities,
(b)timetables, and
(c)priorities.
Validity of actsE+W
2(1)The validity of an act of a person as Commissioner is not affected by a defect in the appointment of—E+W
(a)that person, or
(b)any member of the Advisory Panel.
(2)The validity of an act of a person exercising functions of the Commissioner is not affected by a defect in the appointment of—
(a)that person,
(b)the Commissioner, or
(c)any member of the Advisory Panel.
PART 2 E+WAPPOINTMENT
AppointmentE+W
3(1)In appointing the Commissioner, the First Minister—E+W
(a)must comply with appointment regulations (see paragraph 7),
(b)must take account of the recommendations made by the selection panel in relation to the appointment (see paragraph 7), and
(c)may take into account the views of any other persons whom the First Minister thinks it is appropriate to consult.
(2)The First Minister may not appoint a person to be Commissioner if the person—
(a)is disqualified from being Commissioner on grounds of employment (see paragraph 13), or
(b)has already been appointed as Commissioner.
(3)The views which the First Minister may take into account under sub-paragraph (1)(c) include, but are not limited to, the views of—
(a)the National Assembly for Wales,
(b)committees of the National Assembly, and
(c)members of the National Assembly.
Commencement Information
I8Sch. 1 para. 3 in force at 28.6.2011 by S.I. 2011/1586, art. 2(a)
Remuneration, allowances and pensionsE+W
4(1)The Welsh Ministers may pay remuneration to the Commissioner.E+W
(2)The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the Commissioner.
(3)The Welsh Ministers may pay—
(a)pensions to, or in respect of, persons who have been Commissioner, and
(b)amounts for or towards provision of pensions to, or in respect of, persons who have been Commissioner.
Terms of appointmentE+W
5(1)The Commissioner holds office subject to the terms of his or her appointment.E+W
(2)But that is subject to the other provisions of this Schedule.
(3)The terms of the Commissioner's appointment must provide for him or her to hold office on a full-time basis.
Duration of appointmentE+W
6(1)A person appointed as Commissioner holds the office (by virtue of that appointment) for 7 years.E+W
(2)But that is subject to Part 3 of this Schedule.
Appointment regulationsE+W
7(1)The Welsh Ministers must, by regulations, make provision about the appointment of the Commissioner (“appointment regulations”).E+W
(2)Appointment regulations must make provision for the establishment of a panel of persons (a “selection panel”) who are to—
(a)interview candidates for appointment as Commissioner, and
(b)make recommendations to the First Minister in relation to the appointment.
(3)The provision that may be made in appointment regulations includes, but is not limited to, provision of the kind referred to in sub-paragraphs (4) to (7).
(4)Appointment regulations may make provision about principles to be followed in appointing the Commissioner.
(5)Appointment regulations may make provision about—
(a)the knowledge of, and proficiency in, the Welsh language, and
(b)the knowledge and experience of the matters in respect of which the Commissioner has functions,
which the Commissioner must have.
(6)Appointment regulations may—
(a)apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or
(b)make other provision relating to any such code.
(7)Appointment regulations may confer functions on the Welsh Ministers or First Minister (as well as on any other person), including functions involving the exercise of a discretion.
Commencement Information
I9Sch. 1 para. 7 in force at 28.6.2011 by S.I. 2011/1586, art. 2(a)
Delegation of appointment functions etcE+W
8(1)The First Minister may, by order—E+W
(a)provide for the Welsh Ministers to exercise—
(i)the First Minister's function of appointing the Commissioner, and
(ii)any or all of the First Minister's other functions that relate to the Commissioner, and
(b)make such other related provision as the First Minister thinks appropriate.
(2)The provision that may be made in an order under this paragraph includes, but is not limited to, provision amending or otherwise modifying this Measure.
Commencement Information
I10Sch. 1 para. 8 in force at 28.6.2011 by S.I. 2011/1586, art. 2(a)
PART 3 E+WEND OF APPOINTMENT
ResignationE+W
9E+WThe Commissioner may resign from office if he or she gives the First Minister not less than 3 months' notice in writing of his or her intention to do so.
DisqualificationE+W
10E+WA person ceases to be Commissioner if the person is disqualified from being Commissioner on grounds of employment.
DismissalE+W
11E+WThe First Minister may dismiss the Commissioner if the First Minister is satisfied that the Commissioner—
(a)is unfit to continue as Commissioner, or
(b)is unable or unwilling to exercise the Commissioner's functions.
Payments on ceasing to hold officeE+W
12E+WThe Welsh Ministers may make a payment to a person who ceases to hold the office of Commissioner if it appears to the Welsh Ministers that there are special circumstances which make it right that the person should receive the payment in compensation.
PART 4 E+WDISQUALIFICATION FROM BEING COMMISSIONER
13E+WA person is disqualified from being Commissioner on grounds of employment if the person is—
(a)a Member of Parliament;
(b)a Member of the National Assembly for Wales;
(c)a member of a county council, a county borough council or a community council in Wales;
(d)a member of the Tribunal;
(e)a member of the Advisory Panel;
(f)a person who is employed by, or advises, a person who is within Schedule 5 or Schedule 7;
(g)a member of the Commissioner's staff.
Commencement Information
I11Sch. 1 para. 13 in force at 28.6.2011 by S.I. 2011/1586, art. 2(a)
PART 5 E+WFINANCIAL MATTERS
Payments by the Welsh MinistersE+W
14E+WThe Welsh Ministers may pay the Commissioner such amounts, at such times and on such conditions (if any), as they think appropriate in respect of expenditure incurred in carrying out the functions of Commissioner.
Financial yearE+W
15(1)The Commissioner's first financial year is the period that begins with the commencement day and ends with—E+W
(a)the following 31 March (if the commencement day is 1 April), or
(b)the second following 31 March (if the commencement day is not 1 April).
(2)Subject to that, the Commissioner's financial year is the period of 12 months ending with 31 March.
(3)In this paragraph “commencement day” means the day when section 2 comes into force.
Accounting officerE+W
16(1)The Commissioner is the accounting officer for the office of the Commissioner.E+W
(2)The accounting officer has, in relation to the accounts and the finances of the office of the Commissioner, the responsibilities which are from time to time specified by the Treasury.
(3)In this paragraph references to responsibilities include, amongst other things—
(a)responsibilities in relation to the signing of accounts,
(b)responsibilities for the propriety and regularity of the finances of the Commissioner, and
(c)responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner are used.
(4)The responsibilities which may be specified under this paragraph include, amongst other things, responsibilities owed to—
(a)the National Assembly for Wales, the Welsh Ministers or the Public Accounts Committee of the National Assembly, or
(b)the House of Commons or the Committee of Public Accounts of that House.
(5)If requested to do so by the Committee of Public Accounts of the House of Commons (“the Parliamentary Committee”), the Public Accounts Committee of the National Assembly for Wales may—
(a)take evidence on behalf of the Parliamentary Committee from the accounting officer,
(b)report to the Parliamentary Committee on the evidence taken, and
(c)transmit to the Parliamentary Committee the evidence taken.
(6)Section 13 of the National Audit Act 1983 (interpretation of references to the House of Commons Committee of Public Accounts) applies for the purposes of this Measure as it applies for the purposes of that Act.
(7)In this paragraph “office of the Commissioner” means the Commissioner and the Commissioner's staff.
EstimatesE+W
17(1)For each financial year other than the first, the Commissioner must prepare an estimate of the income and expenses of the Commissioner's office.E+W
(2)The Commissioner must submit the estimate to the Welsh Ministers at least five months before the beginning of the financial year to which it relates.
(3)The Welsh Ministers must examine an estimate submitted to them in accordance with this paragraph and must then lay the estimate before the National Assembly for Wales with the modifications (if any) they think appropriate.
(4)In sub-paragraph (1) “Commissioner's office” means the Commissioner and the Commissioner's staff.
AccountsE+W
18(1)The Commissioner must—E+W
(a)keep proper accounting records, and
(b)prepare accounts in respect of each financial year in accordance with directions given, with the consent of the Treasury, by the Welsh Ministers.
(2)The directions which the Welsh Ministers may give under this paragraph include, amongst other things, directions as to—
(a)the information to be contained in the accounts and the manner in which the accounts are to be presented;
(b)the methods and principles in accordance with which the accounts are to be prepared;
(c)additional information (if any) that is to accompany the accounts.
AuditE+W
19(1)The Commissioner must submit the accounts prepared for a financial year to the Auditor General for Wales no later than 31 August in the following financial year.E+W
(2)The Auditor General for Wales must—
(a)examine, certify and report on each set of accounts submitted under this paragraph, and
(b)no later than four months after the accounts are submitted, lay before the National Assembly for Wales a copy of them as certified by him or her together with his or her report on them.
(3)In examining accounts submitted under this paragraph, the Auditor General for Wales must, amongst other things, satisfy him or herself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.
Examinations into the use of resourcesE+W
20(1)The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging the Commissioner's functions.E+W
(2)Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.
(3)In determining how to exercise the functions under this paragraph, the Auditor General for Wales must take into account the views of the Public Accounts Committee of the National Assembly for Wales as to the examinations which he or she should carry out.
(4)The Auditor General for Wales may lay before the National Assembly for Wales a report of the results of any examination carried out under this paragraph.
PART 6 E+WGENERAL
InterpretationE+W
21E+WIn this Schedule—
-
“appointment regulations” (“rheoliadau penodi”) means regulations made under paragraph 7;
-
“selection panel” (“panel dethol”) has the meaning given in paragraph 7.
Commencement Information
I12Sch. 1 para. 21 in force at 28.6.2011 by S.I. 2011/1586, art. 2(a)
(introduced by section 7)
SCHEDULE 2E+WINQUIRIES BY THE COMMISSIONER
IntroductionE+W
1E+WThis Schedule applies to inquiries under section 7.
Terms of referenceE+W
2E+WBefore conducting an inquiry, the Commissioner must prepare the terms of reference of the inquiry.
3(1)This paragraph applies if the terms of reference relate to a particular person or category of person.E+W
(2)The terms of reference must specify that person or category of person.
(3)Before settling the terms of reference, the Commissioner must—
(a)give each relevant person notice of the proposed terms,
(b)give each relevant person an opportunity to make representations about the proposed terms, and
(c)consider any representations made.
(4)After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—
(a)publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and
(b)give notice of the terms of reference to—
(i)each relevant person, and
(ii)the Welsh Ministers.
(5)In this paragraph “relevant person” means—
(a)a person specified in the terms of reference of an inquiry, and
(b)in relation to a category of persons specified in the terms of reference of an inquiry, each person whom the Commissioner considers to fall within that category.
4(1)This paragraph applies if the terms of reference do not relate to a particular person or category of person.E+W
(2)The Commissioner must—
(a)publish the terms of reference of the inquiry in a manner that the Commissioner thinks is likely to bring the inquiry to the attention of persons whom it concerns or who are likely to be interested in it, and
(b)give notice of the terms of reference to the Welsh Ministers.
5E+WParagraph 3 or 4 applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.
RepresentationsE+W
6(1)The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to inquiries.E+W
(2)The arrangements must give the following persons an opportunity to make representations in the course of an inquiry—
(a)each person who—
(i)is specified in the terms of reference, or
(ii)falls within a category of person specified in the terms of reference, and
(b)the Welsh Ministers.
(3)Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.
7(1)The Commissioner must consider representations made in relation to an inquiry by—E+W
(a)a person who—
(i)is specified in the terms of reference, or
(ii)falls within a category of person specified in the terms of reference, or
(b)a legal adviser who is acting on behalf of a person falling within paragraph (a)(i) or (ii), or
(c)the Welsh Ministers.
(2)The Commissioner must consider representations made in relation to an inquiry by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.
(3)If the Commissioner refuses to consider representations made in relation to an inquiry, he or she must give the person who made the representations written notice of—
(a)the decision to refuse to consider the representations, and
(b)the reasons for the decision.
(4)In this paragraph “legal adviser” means—
(a)a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), and
(b)an advocate or solicitor in Scotland.
Reports on inquiriesE+W
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
(introduced by section 21)
SCHEDULE 3E+WAMENDMENTS ABOUT JOINT AND COLLABORATIVE WORKING
Care Standards Act 2000E+W
1E+WAmend the Care Standards Act 2000 as follows.
2E+WIn section 75ZA (Children's Commissioner for Wales: working with the Commissioner for Older People in Wales)—
(a)in the title, for “the Commissioner for Older People in Wales” substitute “ other Commissioners ”;
(b)in subsection (1), after “Wales insert “ or the Welsh Language Commissioner ”;
(c)in subsection (2), after “Wales” insert “ , or may inform the Welsh Language Commissioner, ”;
(d)in subsection (3)—
(i)after “must” insert “ (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) ”;
(ii)in paragraphs (a) and (b), after “Wales” insert “ or the Welsh Language Commissioner ”;
(e)in subsection (4), after “Wales” insert “ or the Welsh Language Commissioner ”;
(f)in subsection (5)—
(i)after “must” insert “ (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) ”;
(ii)for “the Commissioner for Older People in Wales” substitute “ that Commissioner ”.
3E+WIn section 76 (further functions) in subsection (5), after paragraph (b) insert—
“(c)provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have exercised their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.”
Prospective
F1...E+W
Textual Amendments
F1Sch. 3 cross-heading omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 36(2); S.I. 2014/2718, art. 2(b)
F24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 paras. 4-6 omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 36(3); S.I. 2014/2718, art. 2(b)
F35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 4-6 omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 36(3); S.I. 2014/2718, art. 2(b)
F46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 paras. 4-6 omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 36(3); S.I. 2014/2718, art. 2(b)
Commissioner for Older People (Wales) Act 2006E+W
7E+WAmend the Commissioner for Older People (Wales) Act 2006 as follows.
8E+WIn section 15 (reports following discharge of particular functions), in subsection (3), after paragraph (d) insert—
“(e)provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have discharged their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.”.
9E+WIn section 17 (working collaboratively with other ombudsmen)—
(a)in subsection (2), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;
(b)in subsection (3), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;
(c)in subsection (5), for “must” substitute “ may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) ”;
(d)in subsection (6), after paragraph (b) insert—
“(c)the Welsh Language Commissioner.”
(introduced by section 23)
SCHEDULE 4E+WMEMBERS OF THE ADVISORY PANEL
PART 1 E+WAPPOINTMENT
AppointmentE+W
1(1)In appointing a member of the Advisory Panel, the Welsh Ministers must comply with appointment regulations (see paragraph 5).E+W
(2)The Welsh Ministers may not appoint a person to be a member of the Advisory Panel if the person is disqualified from being a member of the Advisory Panel on grounds of employment.
Commencement Information
I13Sch. 4 para. 1 in force at 10.1.2012 by S.I. 2012/46, art. 2(b)
Remuneration, allowances and pensionsE+W
2(1)The Welsh Ministers may pay remuneration to the members of the Advisory Panel.E+W
(2)The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Advisory Panel.
(3)The Welsh Ministers may pay—
(a)pensions to, or in respect of, persons who have been members of the Advisory Panel, and
(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Advisory Panel.
Terms of appointmentE+W
3(1)A member of the Advisory Panel holds office subject to the terms of his or her appointment.E+W
(2)But that is subject to the other provisions of this Schedule.
Duration of appointmentE+W
4(1)A person appointed as a member of the Advisory Panel holds office (by virtue of that appointment) for 3 years.E+W
(2)But that is subject to Part 2 of this Schedule.
Appointment regulationsE+W
5(1)The Welsh Ministers must, by regulations, make provision about the appointment of members of the Advisory Panel (“appointment regulations”).E+W
(2)The provision that may be made in appointment regulations includes, but is not limited to, provision of the kind referred to in sub-paragraphs (3) to (6).
(3)Appointment regulations may make provision about principles to be followed in appointing members of the Advisory Panel.
(4)Appointment regulations may make provision about—
(a)the knowledge of, and proficiency in, the Welsh language, and
(b)the knowledge and experience of—
(i)the matters in respect of which the Commissioner has functions, and
(ii)any other matters relevant to anything that falls to be done by the Commissioner,
which a member of the Advisory Panel must have.
(5)Appointment regulations may—
(a)apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or
(b)make any other provision relating to any such code.
(6)Appointment regulations may confer functions on the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.
Commencement Information
I14Sch. 4 para. 5 in force at 10.1.2012 by S.I. 2012/46, art. 2(b)
PART 2 E+WEND OF APPOINTMENT
ResignationE+W
6E+WA member of the Advisory Panel may resign from office if he or she gives the Welsh Ministers not less than 2 months' notice in writing of his or her intention to do so.
Disqualification from membershipE+W
7E+WA person ceases to be a member of the Advisory Panel if the person is disqualified from being a member of the Advisory Panel on grounds of employment.
DismissalE+W
8(1)The Welsh Ministers may dismiss a member of the Advisory Panel if the Welsh Ministers are satisfied that the person—E+W
(a)is unfit to continue as a member of the Advisory Panel, or
(b)is unable or unwilling to act as a member of the Advisory Panel.
(2)The Welsh Ministers must consult the Commissioner before dismissing a member of the Advisory Panel.
Payments on ceasing to hold officeE+W
9E+WThe Welsh Ministers may make a payment to a person who ceases to be a member of the Advisory Panel if it appears to the Welsh Ministers that there are special circumstances which make it right that the person should receive the payment in compensation.
PART 3 E+WDISQUALIFICATION
Disqualification on grounds of employmentE+W
10E+WA person is disqualified from being a member of the Advisory Panel on grounds of employment if the person is—
(a)a Member of Parliament;
(b)a Member of the National Assembly for Wales;
(c)a member of the Welsh Language Tribunal;
(d)a member of the Commissioner's staff.
Commencement Information
I15Sch. 4 para. 10 in force at 10.1.2012 by S.I. 2012/46, art. 2(b)
PART 4 E+WGENERAL
InterpretationE+W
11E+WIn this Schedule “appointment regulations” means regulations made under paragraph 5.
Commencement Information
I16Sch. 4 para. 11 in force at 10.1.2012 by S.I. 2012/46, art. 2(b)
(introduced by section 33)
SCHEDULE 5E+WCATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 6
Column 1 Entry | Column 2 Person/Category |
---|---|
(1) | Public authorities. |
(2) | Persons providing services to the public established by an enactment. |
(3) | |
(4) | Persons upon whom functions of providing services to the public are conferred or imposed by an enactment. |
(5) | |
(6) | Persons overseeing the regulation of a profession, industry or other similar sphere of activity. |
(7) | Providers of social housing. |
(8) | Persons who consent to being specified in Schedule 6. |
Column 1 Entry | Column 2 Person/Category |
---|---|
(1) | Public authorities. |
(2) | Persons providing services to the public established by an enactment. |
(3) | |
(4) | Persons upon whom functions of providing services to the public are conferred or imposed by an enactment. |
(5) | |
(6) | Persons overseeing the regulation of a profession, industry or other similar sphere of activity. |
(7) | Providers of social housing. |
(8) | Persons who consent to being specified in Schedule 6. |
Entry (5): amendment by orderE+W
1(1)The Welsh Ministers may, by order, amend entry (5) in the table by replacing the relevant amount with any other amount that is not less than £400,000.E+W
(2)In sub-paragraph (1), “relevant amount” means the amount of public money that is for the time being specified in entry (5) in the table.
Entry (8): interpretation etcE+W
2E+WFor the purposes of entry (8) in the table—
(a)“consent”, in relation to a person, means consent in writing given to the Welsh Ministers by the person;
(b)consent may be withdrawn, but only with the agreement of the Welsh Ministers.
InterpretationE+W
3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(introduced by section 33)
SCHEDULE 6E+WPUBLIC BODIES ETC: STANDARDS
Column 1 Person/Category | Column 2 Potentially applicable standards |
---|---|
GOVERNMENT | |
The Welsh Ministers (“Gweinidogion Cymru”) | |
Ministers of the Crown (“Gweinidogion y Goron”) | |
Government departments (“Adrannau'r Llywodraeth”) | |
Persons exercising, on behalf of the Crown, functions conferred by or under an Act or Measure (“Personau sy'n arfer, ar ran y Goron, swyddogaethau a roddir gan neu o dan Ddeddf neu Fesur”) | |
LOCAL GOVERNMENT ETC | |
County borough councils and county councils in Wales (“Cynghorau sir a chynghorau bwrdeistref sirol yng Nghymru”) | |
Community councils (“Cynghorau cymuned”) | |
Local authority joint committees (“Cyd-bwyllgorau awdurdodau lleol”) | |
Local authority joint boards (“Cyd-fyrddau awdurdodau lleol”) | |
Local Health Boards (“Byrddau Iechyd Lleol”) | |
Community Health Councils (“Cynghorau Iechyd Cymuned”) | |
National Health Service Trusts (“Ymddiriedolaethau Gwasanaeth Iechyd Gwladol”) | |
Special Health Authorities (“Awdurdodau Iechyd Arbennig”) | |
National Park Authorities (“Awdurdodau Parciau Cenedlaethol”) | |
Police Authorities (“Awdurdodau'r Heddlu”) | |
Probation Trusts (“Ymddiriedolaethau Prawf”) | |
Fire and Rescue Authorities (“Awdurdodau Tân ac Achub”) | |
Providers of Social Housing (“Darparwyr Tai Cymdeithasol”) | |
GENERAL | |
Aberystwyth University (“Prifysgol Aberystwyth”) | |
Agricultural Land Tribunal (Wales) (“Tribiwnlys Tir Amaethyddol Cymru”) | |
The Agriculture and Horticulture Development Board (“Bwrdd Datblygu Amaethyddiaeth a Garddwriaeth”) | |
The Alcohol Education and Research Fund (“Cronfa Addysgu ac Ymchwilio Alcohol”) | |
The Arts Council of Wales (“Cyngor Celfyddydau Cymru”) | |
The Arts and Humanities Research Council (“Y Cyngor Ymchwil i'r Celfyddydau a'r Dyniaethau”) | |
The Auditor General for Wales (“Archwilydd Cyffredinol Cymru”) | |
Bangor University (“Prifysgol Bangor”) | |
The Bank of England (“Banc Lloegr”) | |
The Big Lottery Fund (“Y Gronfa Loteri Fawr”) | |
The Biotechnology and Biological Sciences Research Council (“Cyngor Ymchwil Biotechnoleg a Gwyddorau Biolegol”) | |
The British Broadcasting Corporation (“Y Gorfforaeth Ddarlledu Brydeinig”) | |
The British Council (“Y Cyngor Prydeinig”) | |
The British Waterways Board (“Bwrdd Dyfrffyrdd Prydain”) | |
The British Wool Marketing Board (“Bwrdd Marchnata Gwlân Prydain”) | |
The Carbon Trust (“Yr Ymddiriedolaeth Garbon”) | |
Cardiff University (“Prifysgol Caerdydd”) | |
The Care Council for Wales (“Cyngor Gofal Cymru”) | |
Charities Commission for England and Wales (“Comisiwn Elusennau Cymru a Lloegr”) | |
The Child Maintenance and Enforcement Commission (“Comisiwn Trefnu a Gorfodi Cynhaliaeth Plant”) | |
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”) | |
The Community Development Foundation (“Sefydliad Datblygu Cymunedol”) | |
The Competition Commission (“Y Comisiwn Cystadlu”) | |
The Consumer Council for Water (“Y Cyngor Defnyddwyr Dŵr”) | |
Consumer Focus (“Llais Defnyddwyr”) | |
The Council for Healthcare Regulatory Excellence (“Cyngor Rhagoriaeth Rheoleiddio Gofal Iechyd”) | |
The Countryside Council for Wales (“Cyngor Cefn Gwlad Cymru”) | |
The Criminal Injuries Compensation Authority (“Yr Awdurdod Digolledu am Anafiadau Troseddol”) | |
The Disabled Persons Transport Advisory Committee (“Pwyllgor Ymgynghorol Trafnidiaeth i'r Anabl”) | |
The Economic and Social Research Council (“Y Cyngor Ymchwil Economaidd a Chymdeithasol”) | |
The Electoral Commission (“Y Comisiwn Etholiadol”) | |
The Energy Saving Trust Limited (“Yr Ymddiriedolaeth Arbed Ynni Cyfyngedig”) | |
The Engineering and Physical Sciences Research Council (“Cyngor Ymchwil Peirianneg a Gwyddorau Ffisegol”) | |
The Engineering Construction Industry Training Board (“Bwrdd Hyfforddi'r Diwydiant Adeiladu Peiriannol”) | |
The Environment Agency (“Asiantaeth yr Amgylchedd”) | |
Finance Wales plc (“Cyllid Cymru ccc”) | |
The Financial Services Authority (“Awdurdod Gwasanaethau Ariannol”) | |
Further education corporations (“Corfforaethau addysg bellach”) | |
The Gambling Commission (“Y Comisiwn Hapchwarae”) | |
The General Chiropractic Council (“Y Cyngor Ceiropractig Cyffredinol”) | |
The General Dental Council (“Y Cyngor Deintyddol Cyffredinol”) | |
The General Medical Council (“Y Cyngor Meddygol Cyffredinol”) | |
The General Optical Council (“Y Cyngor Optegol Cyffredinol”) | |
The General Osteopathic Council (“Y Cyngor Osteopathig Cyffredinol”) | |
The General Teaching Council for Wales (“Cyngor Addysgu Cyffredinol Cymru”) | |
Glyndŵr University (“Prifysgol Glyndŵr”) | |
The governing bodies of schools (“Cyrff llywodraethu ysgolion”) | |
The Health, Education and Social Care Chamber (“Y Siambr Iechyd, Addysg a Gofal Cymdeithasol”) | |
The Health Professions Council (“Y Cyngor Proffesiynau Iechyd”) | |
Higher education corporations (“Corfforaethau addysg uwch”) | |
The Higher Education Funding Council for Wales (“Cyngor Cyllido Addysg Uwch Cymru”) | |
Hybu Cig Cymru – Meat Promotion Wales | |
The Independent Living Funds (“Y Cronfeydd Byw'n Annibynnol”) | |
The Independent Police Complaints Commission (“Comisiwn Cwynion Annibynnol yr Heddlu”) | |
The Information Commissioner's Office (“Swyddfa'r Comisiynydd Gwybodaeth”) | |
Investors in People UK (“Buddsoddwyr mewn Pobl y DU”) | |
The Legal Services Commission (“Comisiwn Gwasanaethau Cyfreithiol”) | |
The Local Government Boundary Commission for Wales (“Comisiwn Ffiniau Llywodraeth Leol i Gymru”) | |
The Local Government Data Unit–Wales (“Uned Ddata Llywodraeth Leol – Cymru”) | |
The Medical Research Council (“Y Cyngor Ymchwil Meddygol”) | |
The Mental Health Review Tribunal for Wales (“Tribiwnlys Adolygiad Iechyd Meddwl Cymru”) | |
Motability | |
National Botanic Garden of Wales (“Gardd Fotaneg Genedlaethol Cymru”) | |
National Clinical Assessment Service (“Yr Awdurdod Asesu Clinigol Cenedlaethol”) | |
National Endowment for Science, Technology and the Arts (“Y Gwaddol Cenedlaethol ar gyfer Gwyddoniaeth, Technoleg a'r Celfyddydau”) | |
National Heritage Memorial Fund (“Cronfa Goffa'r Dreftadaeth Genedlaethol”) | |
National Institute for Health and Clinical Excellence (“Sefydliad Cenedlaethol dros Iechyd a Rhagoriaeth Glinigol”) | |
The National Library of Wales (“Llyfrgell Genedlaethol Cymru”) | |
The National Lottery Commission (“Comisiwn y Loteri Genedlaethol”) | |
The National Museum of Wales (“Amgueddfa Genedlaethol Cymru”) | |
The National Policing Improvement Agency (“Yr Asiantaeth Genedlaethol er Gwella Plismona”) | |
The National Theatre of Wales | |
The Natural Environment Research Council (“Cyngor Ymchwil yr Amgylchedd Naturiol”) | |
NIACE | |
The Nursing and Midwifery Council (“Y Cyngor Nyrsio a Bydwreigiaeth”) | |
The Office of Communications (“Y Swyddfa Gyfathrebiadau”) | |
The Office of Rail Regulation (“Swyddfa Rheoleiddio'r Rheilffyrdd”) | |
The Olympic Delivery Authority (“Awdurdod Gweithredu'r Gemau Olympaidd”) | |
The Open University (“Y Brifysgol Agored”) | |
Passenger Focus (“Ffocws ar Deithwyr”) | |
The Pensions Advisory Service (“Gwasanaeth Cynghori ar Bensiynau”) | |
The Pensions Ombudsman (“Yr Ombwdsmon Pensiynau”) | |
The Pensions Regulator (“Y Rheoleiddiwr Pensiynau”) | |
Providers of career services (“Darparwyr gwasanaethau gyrfaoedd”) | |
The Quality Assurance Agency for Higher Education (“Asiantaeth Sicrwydd Ansawdd Addysg Uwch”) | |
The Rent Assessment Panel for Wales (“Panel Asesu Rhenti i Gymru”) | |
The Residential Property Tribunal Wales (“Tribiwnlys Eiddo Preswyl Cymru”) | |
The Royal Commission on the Ancient and Historical Monuments of Wales (“Comisiwn Brenhinol Henebion Cymru”) | |
Royal Mail Group plc (“Grŵp y Post Brenhinol ccc”) | |
The Royal Pharmaceutical Society of Great Britain (“Cymdeithas Fferyllol Frenhinol Prydain Fawr”) | |
The Royal Welsh College of Music and Drama Limited (“Coleg Brenhinol Cerdd a Drama Cymru Cyfyngedig”) | |
The Sector Skills Councils (“Y Cynghorau Sgiliau Sector”) | |
The Security Industry Authority (“Awdurdod y Diwydiant Diogelwch”) | |
Sianel 4 Cymru | |
The Science and Technology Facilities Council (“Cyngor Cyfleusterau Gwyddoniaeth a Thechnoleg”) | |
The Social Fund Commissioner (“Comisiynydd y Gronfa Gymdeithasol”) | |
The Special Educational Needs Tribunal for Wales (“Tribiwnlys Anghenion Addysgol Arbennig Cymru”) | |
The Sports Council for Wales (“Cyngor Chwaraeon Cymru”) | |
Student Loans Company Limited (“Cwmni Benthyciadau Myfyrwyr Cyfyngedig”) | |
The Sustainable Development Commission (“Y Comisiwn Datblygu Cynaliadwy”) | |
Swansea University (“Prifysgol Abertawe”) | |
Theatr Genedlaethol Cymru | |
UFI Ltd (“UFI Cyf”) | |
The UK Commission For Employment and Skills (“Comisiwn y DU dros Gyflogaeth a Sgiliau”) | |
UK Film Council (“Cyngor Ffilm y DU”) | |
The UK Sports Council (“Cyngor Chwaraeon y DU”) | |
Universities and Colleges Admission Service (“Gwasanaeth Derbyn y Prifysgolion a'r Colegau”) | |
University of Glamorgan (“Prifysgol Morgannwg”) | |
The University of Wales (“Prifysgol Cymru”) | |
The University of Wales Institute, Cardiff (“Athrofa Prifysgol Cymru, Caerdydd”) | |
The University of Wales, Newport (“Prifysgol Cymru, Casnewydd”) | |
University of Wales: Trinity St David (“Prifysgol Cymru: Y Drindod Dewi Sant”) | |
The Valuation Tribunal Service for Wales (“Gwasanaeth Tribiwnlys Prisio 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”) | |
The Youth Justice Board for England and Wales (“Bwrdd Cyfiawnder Ieuenctid Cymru a Lloegr”) |
Column 1 Person/Category | Column 2 Potentially applicable standards |
---|---|
GOVERNMENT | |
The Welsh Ministers (“Gweinidogion Cymru”) | |
Ministers of the Crown (“Gweinidogion y Goron”) | |
Government departments (“Adrannau'r Llywodraeth”) | |
Persons exercising, on behalf of the Crown, functions conferred by or under an Act or Measure (“Personau sy'n arfer, ar ran y Goron, swyddogaethau a roddir gan neu o dan Ddeddf neu Fesur”) | |
LOCAL GOVERNMENT ETC | |
County borough councils and county councils in Wales (“Cynghorau sir a chynghorau bwrdeistref sirol yng Nghymru”) | |
Community councils (“Cynghorau cymuned”) | |
Local authority joint committees (“Cyd-bwyllgorau awdurdodau lleol”) | |
Local authority joint boards (“Cyd-fyrddau awdurdodau lleol”) | |
Local Health Boards (“Byrddau Iechyd Lleol”) | |
Community Health Councils (“Cynghorau Iechyd Cymuned”) | |
National Health Service Trusts (“Ymddiriedolaethau Gwasanaeth Iechyd Gwladol”) | |
Special Health Authorities (“Awdurdodau Iechyd Arbennig”) | |
National Park Authorities (“Awdurdodau Parciau Cenedlaethol”) | |
Police Authorities (“Awdurdodau'r Heddlu”) | |
Probation Trusts (“Ymddiriedolaethau Prawf”) | |
Fire and Rescue Authorities (“Awdurdodau Tân ac Achub”) | |
Providers of Social Housing (“Darparwyr Tai Cymdeithasol”) | |
GENERAL | |
Aberystwyth University (“Prifysgol Aberystwyth”) | |
Agricultural Land Tribunal (Wales) (“Tribiwnlys Tir Amaethyddol Cymru”) | |
The Agriculture and Horticulture Development Board (“Bwrdd Datblygu Amaethyddiaeth a Garddwriaeth”) | |
The Alcohol Education and Research Fund (“Cronfa Addysgu ac Ymchwilio Alcohol”) | |
The Arts Council of Wales (“Cyngor Celfyddydau Cymru”) | |
The Arts and Humanities Research Council (“Y Cyngor Ymchwil i'r Celfyddydau a'r Dyniaethau”) | |
The Auditor General for Wales (“Archwilydd Cyffredinol Cymru”) | |
Bangor University (“Prifysgol Bangor”) | |
The Bank of England (“Banc Lloegr”) | |
The Big Lottery Fund (“Y Gronfa Loteri Fawr”) | |
The Biotechnology and Biological Sciences Research Council (“Cyngor Ymchwil Biotechnoleg a Gwyddorau Biolegol”) | |
The British Broadcasting Corporation (“Y Gorfforaeth Ddarlledu Brydeinig”) | |
The British Council (“Y Cyngor Prydeinig”) | |
The British Waterways Board (“Bwrdd Dyfrffyrdd Prydain”) | |
The British Wool Marketing Board (“Bwrdd Marchnata Gwlân Prydain”) | |
The Carbon Trust (“Yr Ymddiriedolaeth Garbon”) | |
Cardiff University (“Prifysgol Caerdydd”) | |
The Care Council for Wales (“Cyngor Gofal Cymru”) | |
Charities Commission for England and Wales (“Comisiwn Elusennau Cymru a Lloegr”) | |
The Child Maintenance and Enforcement Commission (“Comisiwn Trefnu a Gorfodi Cynhaliaeth Plant”) | |
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”) | |
The Community Development Foundation (“Sefydliad Datblygu Cymunedol”) | |
The Competition Commission (“Y Comisiwn Cystadlu”) | |
The Consumer Council for Water (“Y Cyngor Defnyddwyr Dŵr”) | |
Consumer Focus (“Llais Defnyddwyr”) | |
The Council for Healthcare Regulatory Excellence (“Cyngor Rhagoriaeth Rheoleiddio Gofal Iechyd”) | |
The Countryside Council for Wales (“Cyngor Cefn Gwlad Cymru”) | |
The Criminal Injuries Compensation Authority (“Yr Awdurdod Digolledu am Anafiadau Troseddol”) | |
The Disabled Persons Transport Advisory Committee (“Pwyllgor Ymgynghorol Trafnidiaeth i'r Anabl”) | |
The Economic and Social Research Council (“Y Cyngor Ymchwil Economaidd a Chymdeithasol”) | |
The Electoral Commission (“Y Comisiwn Etholiadol”) | |
The Energy Saving Trust Limited (“Yr Ymddiriedolaeth Arbed Ynni Cyfyngedig”) | |
The Engineering and Physical Sciences Research Council (“Cyngor Ymchwil Peirianneg a Gwyddorau Ffisegol”) | |
The Engineering Construction Industry Training Board (“Bwrdd Hyfforddi'r Diwydiant Adeiladu Peiriannol”) | |
The Environment Agency (“Asiantaeth yr Amgylchedd”) | |
Finance Wales plc (“Cyllid Cymru ccc”) | |
The Financial Services Authority (“Awdurdod Gwasanaethau Ariannol”) | |
Further education corporations (“Corfforaethau addysg bellach”) | |
The Gambling Commission (“Y Comisiwn Hapchwarae”) | |
The General Chiropractic Council (“Y Cyngor Ceiropractig Cyffredinol”) | |
The General Dental Council (“Y Cyngor Deintyddol Cyffredinol”) | |
The General Medical Council (“Y Cyngor Meddygol Cyffredinol”) | |
The General Optical Council (“Y Cyngor Optegol Cyffredinol”) | |
The General Osteopathic Council (“Y Cyngor Osteopathig Cyffredinol”) | |
The General Teaching Council for Wales (“Cyngor Addysgu Cyffredinol Cymru”) | |
Glyndŵr University (“Prifysgol Glyndŵr”) | |
The governing bodies of schools (“Cyrff llywodraethu ysgolion”) | |
The Health, Education and Social Care Chamber (“Y Siambr Iechyd, Addysg a Gofal Cymdeithasol”) | |
The Health Professions Council (“Y Cyngor Proffesiynau Iechyd”) | |
Higher education corporations (“Corfforaethau addysg uwch”) | |
The Higher Education Funding Council for Wales (“Cyngor Cyllido Addysg Uwch Cymru”) | |
Hybu Cig Cymru – Meat Promotion Wales | |
The Independent Living Funds (“Y Cronfeydd Byw'n Annibynnol”) | |
The Independent Police Complaints Commission (“Comisiwn Cwynion Annibynnol yr Heddlu”) | |
The Information Commissioner's Office (“Swyddfa'r Comisiynydd Gwybodaeth”) | |
Investors in People UK (“Buddsoddwyr mewn Pobl y DU”) | |
The Legal Services Commission (“Comisiwn Gwasanaethau Cyfreithiol”) | |
The Local Government Boundary Commission for Wales (“Comisiwn Ffiniau Llywodraeth Leol i Gymru”) | |
The Local Government Data Unit–Wales (“Uned Ddata Llywodraeth Leol – Cymru”) | |
The Medical Research Council (“Y Cyngor Ymchwil Meddygol”) | |
The Mental Health Review Tribunal for Wales (“Tribiwnlys Adolygiad Iechyd Meddwl Cymru”) | |
Motability | |
National Botanic Garden of Wales (“Gardd Fotaneg Genedlaethol Cymru”) | |
National Clinical Assessment Service (“Yr Awdurdod Asesu Clinigol Cenedlaethol”) | |
National Endowment for Science, Technology and the Arts (“Y Gwaddol Cenedlaethol ar gyfer Gwyddoniaeth, Technoleg a'r Celfyddydau”) | |
National Heritage Memorial Fund (“Cronfa Goffa'r Dreftadaeth Genedlaethol”) | |
National Institute for Health and Clinical Excellence (“Sefydliad Cenedlaethol dros Iechyd a Rhagoriaeth Glinigol”) | |
The National Library of Wales (“Llyfrgell Genedlaethol Cymru”) | |
The National Lottery Commission (“Comisiwn y Loteri Genedlaethol”) | |
The National Museum of Wales (“Amgueddfa Genedlaethol Cymru”) | |
The National Policing Improvement Agency (“Yr Asiantaeth Genedlaethol er Gwella Plismona”) | |
The National Theatre of Wales | |
The Natural Environment Research Council (“Cyngor Ymchwil yr Amgylchedd Naturiol”) | |
NIACE | |
The Nursing and Midwifery Council (“Y Cyngor Nyrsio a Bydwreigiaeth”) | |
The Office of Communications (“Y Swyddfa Gyfathrebiadau”) | |
The Office of Rail Regulation (“Swyddfa Rheoleiddio'r Rheilffyrdd”) | |
The Olympic Delivery Authority (“Awdurdod Gweithredu'r Gemau Olympaidd”) | |
The Open University (“Y Brifysgol Agored”) | |
Passenger Focus (“Ffocws ar Deithwyr”) | |
The Pensions Advisory Service (“Gwasanaeth Cynghori ar Bensiynau”) | |
The Pensions Ombudsman (“Yr Ombwdsmon Pensiynau”) | |
The Pensions Regulator (“Y Rheoleiddiwr Pensiynau”) | |
Providers of career services (“Darparwyr gwasanaethau gyrfaoedd”) | |
The Quality Assurance Agency for Higher Education (“Asiantaeth Sicrwydd Ansawdd Addysg Uwch”) | |
The Rent Assessment Panel for Wales (“Panel Asesu Rhenti i Gymru”) | |
The Residential Property Tribunal Wales (“Tribiwnlys Eiddo Preswyl Cymru”) | |
The Royal Commission on the Ancient and Historical Monuments of Wales (“Comisiwn Brenhinol Henebion Cymru”) | |
Royal Mail Group plc (“Grŵp y Post Brenhinol ccc”) | |
The Royal Pharmaceutical Society of Great Britain (“Cymdeithas Fferyllol Frenhinol Prydain Fawr”) | |
The Royal Welsh College of Music and Drama Limited (“Coleg Brenhinol Cerdd a Drama Cymru Cyfyngedig”) | |
The Sector Skills Councils (“Y Cynghorau Sgiliau Sector”) | |
The Security Industry Authority (“Awdurdod y Diwydiant Diogelwch”) | |
Sianel 4 Cymru | |
The Science and Technology Facilities Council (“Cyngor Cyfleusterau Gwyddoniaeth a Thechnoleg”) | |
The Social Fund Commissioner (“Comisiynydd y Gronfa Gymdeithasol”) | |
The Special Educational Needs Tribunal for Wales (“Tribiwnlys Anghenion Addysgol Arbennig Cymru”) | |
The Sports Council for Wales (“Cyngor Chwaraeon Cymru”) | |
Student Loans Company Limited (“Cwmni Benthyciadau Myfyrwyr Cyfyngedig”) | |
The Sustainable Development Commission (“Y Comisiwn Datblygu Cynaliadwy”) | |
Swansea University (“Prifysgol Abertawe”) | |
Theatr Genedlaethol Cymru | |
UFI Ltd (“UFI Cyf”) | |
The UK Commission For Employment and Skills (“Comisiwn y DU dros Gyflogaeth a Sgiliau”) | |
UK Film Council (“Cyngor Ffilm y DU”) | |
The UK Sports Council (“Cyngor Chwaraeon y DU”) | |
Universities and Colleges Admission Service (“Gwasanaeth Derbyn y Prifysgolion a'r Colegau”) | |
University of Glamorgan (“Prifysgol Morgannwg”) | |
The University of Wales (“Prifysgol Cymru”) | |
The University of Wales Institute, Cardiff (“Athrofa Prifysgol Cymru, Caerdydd”) | |
The University of Wales, Newport (“Prifysgol Cymru, Casnewydd”) | |
University of Wales: Trinity St David (“Prifysgol Cymru: Y Drindod Dewi Sant”) | |
The Valuation Tribunal Service for Wales (“Gwasanaeth Tribiwnlys Prisio 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”) | |
The Youth Justice Board for England and Wales (“Bwrdd Cyfiawnder Ieuenctid Cymru a Lloegr”) |
Interpretation etcE+W
1E+WThe table has effect subject to the following provisions—
(a)the entry relating to government departments does not include anything that is within the entry relating to Ministers of the Crown;
(b)the entry relating to persons exercising functions on behalf of the Crown does not include any person that is within any other entry.
2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(introduced by section 33)
SCHEDULE 7E+WCATEGORIES OF PERSON THAT MAY BE ADDED TO SCHEDULE 8
Column 1 Entry | Column 2 Description of person | Column 3 Available service(s) |
---|---|---|
(1) | Qualifying persons who provide the public with gas, water or electricity services (including supply or distribution). |
(a)Gas, water or electricity services (including supply or distribution). (b)Other services which relate to services within paragraph (a). |
(2) | Qualifying persons who provide the public with sewerage services (including disposal of sewage). |
(a)Sewerage services (including disposal of sewage). (b)Other services which relate to services within paragraph (a). |
(3) | Qualifying persons who provide the public with postal services or post offices. |
(a)Postal services or post office services. (b)Other services which relate to services within paragraph (a). |
(4) | Qualifying persons who provide the public with telecommunication services. |
(a)Telecommunication services. (b)Other services which relate to services within paragraph (a). |
(5) | Qualifying persons who provide the public with education, training (where the provider receives public money for its provision), or career guidance. |
(a)Education, training (where the provider receives public money for its provision), or career guidance. (b)Other services which relate to services within paragraph (a). |
(6) | Qualifying persons who provide the public with services to encourage, enable or assist participation in education, training or career guidance. |
(a)Services to encourage, enable or assist participation in education, training or career guidance. (b)Other services which relate to services within paragraph (a). |
(7) | Qualifying persons who provide the public with bus or railway services. |
(a)Bus or railway services. (b)Other services which relate to services within paragraph (a). |
(8) | Qualifying persons who provide the public with services to develop or award educational or vocational qualifications. |
(a)Services to develop or award educational or vocational qualifications. (b)Other services which relate to services within paragraph (a). |
(9) | Qualifying persons who provide the public with services which relate to any primary service. | Services which relate to any primary service. |
(10) | Qualifying persons who provide services to the public under an agreement, or in accordance with arrangements, made with a public authority. | Services to the public provided under the agreement, or in accordance with the arrangements, made with the public authority. |
Column 1 Entry | Column 2 Description of person | Column 3 Available service(s) |
---|---|---|
(1) | Qualifying persons who provide the public with gas, water or electricity services (including supply or distribution). |
(a)Gas, water or electricity services (including supply or distribution). (b)Other services which relate to services within paragraph (a). |
(2) | Qualifying persons who provide the public with sewerage services (including disposal of sewage). |
(a)Sewerage services (including disposal of sewage). (b)Other services which relate to services within paragraph (a). |
(3) | Qualifying persons who provide the public with postal services or post offices. |
(a)Postal services or post office services. (b)Other services which relate to services within paragraph (a). |
(4) | Qualifying persons who provide the public with telecommunication services. |
(a)Telecommunication services. (b)Other services which relate to services within paragraph (a). |
(5) | Qualifying persons who provide the public with education, training (where the provider receives public money for its provision), or career guidance. |
(a)Education, training (where the provider receives public money for its provision), or career guidance. (b)Other services which relate to services within paragraph (a). |
(6) | Qualifying persons who provide the public with services to encourage, enable or assist participation in education, training or career guidance. |
(a)Services to encourage, enable or assist participation in education, training or career guidance. (b)Other services which relate to services within paragraph (a). |
(7) | Qualifying persons who provide the public with bus or railway services. |
(a)Bus or railway services. (b)Other services which relate to services within paragraph (a). |
(8) | Qualifying persons who provide the public with services to develop or award educational or vocational qualifications. |
(a)Services to develop or award educational or vocational qualifications. (b)Other services which relate to services within paragraph (a). |
(9) | Qualifying persons who provide the public with services which relate to any primary service. | Services which relate to any primary service. |
(10) | Qualifying persons who provide services to the public under an agreement, or in accordance with arrangements, made with a public authority. | Services to the public provided under the agreement, or in accordance with the arrangements, made with the public authority. |
Services provided in shops: exclusionsE+W
1(1)The references in the table to “related services” do not include services provided in shops, unless those services are—E+W
(a)post office counter services, or
(b)the sale of tickets or the provision of timetables for bus and railway services.
(2)For that purpose, the references in the table to related services are—
(a)in column (3) of each of rows (1) to (8) of the table, the references in each paragraph (b) to other services, and
(b)in columns (2) and (3) of row (9) of the table, the references to services which relate to any primary service.
InterpretationE+W
2E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(introduced by section 33)
SCHEDULE 8E+WOTHER BODIES: STANDARDS
Column 1 Person/Category | Column 2 Specified service(s) |
---|---|
Qualifying persons who are licensed gas suppliers. | Supply of gas to the public under the relevant gas licence. |
Qualifying persons who, by virtue of an appointment under section 6 of the Water Industry Act 1991, or by virtue of a variation of such an appointment under section 7 of that Act, are water undertakers for the whole or any part of Wales. | Services provided to the public in the exercise of the functions of water undertaker for the whole or any part of Wales. |
Qualifying persons who, by virtue of an appointment under section 6 of the Water Industry Act 1991, or by virtue of a variation of such an appointment under section 7 of that Act, are sewerage undertakers for the whole or any part of Wales. | Services provided to the public in the exercise of the functions of sewerage undertaker for the whole or any part of Wales. |
Qualifying persons who are licensed electricity suppliers. | Supply of electricity to the public under the relevant electricity licence. |
Qualifying persons who provide the public with post offices. | Providing the public with post offices. |
Qualifying persons, other than not for profit organisations, who provide the public with postal services. | Providing the public with postal services. |
Qualifying persons who provide the public with telecommunications services. | Providing the public with telecommunications services. |
Qualifying persons who provide the public with bus services. | Providing the public with bus services. |
Qualifying persons who provide the public with passenger railway services. | Providing the public with passenger railway services. |
Qualifying persons who provide the public with education, training (where the provider receives public money for its provision), or career guidance. | Providing the public with education, training (where the provider receives public money for its provision), or career guidance. |
Qualifying persons who provide the public with services to encourage, enable or assist participation in education, training or career guidance. | Providing the public with services to encourage, enable or assist participation in education, training or career guidance. |
Qualifying persons who provide the public with services to develop or award educational or vocational qualifications. | Providing the public with services to develop or award educational or vocational qualifications. |
Qualifying persons who provide the public with services (the “related services”) which relate to a service that is within column (2) of any of the preceding entries in this table (the “primary service”), whether or not they are the persons providing the primary service. | Providing the public with the related services. |
Qualifying persons who provide services to the public under an agreement, or in accordance with arrangements, made with— (a)
the Welsh Ministers, (b)
a Minister of the Crown, (c)
a government department, (d)
a person exercising on behalf of the Crown functions conferred by or under an Act or Measure, or (e)
a county borough or county council in Wales. |
Providing services to the public under that agreement, or in accordance with those arrangements. |
Column 1 Person/Category | Column 2 Specified service(s) |
---|---|
Qualifying persons who are licensed gas suppliers. | Supply of gas to the public under the relevant gas licence. |
Qualifying persons who, by virtue of an appointment under section 6 of the Water Industry Act 1991, or by virtue of a variation of such an appointment under section 7 of that Act, are water undertakers for the whole or any part of Wales. | Services provided to the public in the exercise of the functions of water undertaker for the whole or any part of Wales. |
Qualifying persons who, by virtue of an appointment under section 6 of the Water Industry Act 1991, or by virtue of a variation of such an appointment under section 7 of that Act, are sewerage undertakers for the whole or any part of Wales. | Services provided to the public in the exercise of the functions of sewerage undertaker for the whole or any part of Wales. |
Qualifying persons who are licensed electricity suppliers. | Supply of electricity to the public under the relevant electricity licence. |
Qualifying persons who provide the public with post offices. | Providing the public with post offices. |
Qualifying persons, other than not for profit organisations, who provide the public with postal services. | Providing the public with postal services. |
Qualifying persons who provide the public with telecommunications services. | Providing the public with telecommunications services. |
Qualifying persons who provide the public with bus services. | Providing the public with bus services. |
Qualifying persons who provide the public with passenger railway services. | Providing the public with passenger railway services. |
Qualifying persons who provide the public with education, training (where the provider receives public money for its provision), or career guidance. | Providing the public with education, training (where the provider receives public money for its provision), or career guidance. |
Qualifying persons who provide the public with services to encourage, enable or assist participation in education, training or career guidance. | Providing the public with services to encourage, enable or assist participation in education, training or career guidance. |
Qualifying persons who provide the public with services to develop or award educational or vocational qualifications. | Providing the public with services to develop or award educational or vocational qualifications. |
Qualifying persons who provide the public with services (the “related services”) which relate to a service that is within column (2) of any of the preceding entries in this table (the “primary service”), whether or not they are the persons providing the primary service. | Providing the public with the related services. |
Qualifying persons who provide services to the public under an agreement, or in accordance with arrangements, made with— (a)
the Welsh Ministers, (b)
a Minister of the Crown, (c)
a government department, (d)
a person exercising on behalf of the Crown functions conferred by or under an Act or Measure, or (e)
a county borough or county council in Wales. |
Providing services to the public under that agreement, or in accordance with those arrangements. |
InterpretationE+W
1(1)Expressions used in this Schedule and in Schedule 7 (apart from “related service” and “primary service”) have the same meanings in this Schedule as in Schedule 7.E+W
(2)But that is subject to the following provisions of this Schedule.
2E+WReferences to the provision of a service to the public include (but are not limited to)—
(a)provision of the service to the public in general or to particular members of the public, and
(b)provision of the service for any purpose (whether it is a domestic, business or other purpose).
GasE+W
3E+WIn this Schedule—
-
“licensed gas supplier” (“cyflenwr nwy trwyddedig”) means the holder of a relevant gas licence;
-
“relevant gas licence” (“trwydded nwy berthnasol”) means a licence under section 7A of the Gas Act 1986.
ElectricityE+W
4E+WIn this Schedule—
-
“licensed electricity supplier” (“cyflenwr trydan trwyddedig” ) means the holder of a relevant electricity licence;
-
“relevant electricity licence” (“trwydded drydan berthnasol”) means a licence under section 6(1)(d) of the Electricity Act 1989.
Postal servicesE+W
5E+WIn this Schedule “not for profit organisation” means a person or other body that—
(a)is not constituted for the purpose of making a profit, or
(b)is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes.
RailwaysE+W
6E+WIn this Schedule “passenger railway services” includes (but is not limited to) passenger services provided on a narrow gauge or heritage railway.
Related servicesE+W
7E+WIn this Schedule the references to “related services” do not include services provided in shops, unless those services are—
(a)post office counter services, or
(b)the sale of tickets or the provision of timetables for bus and railway services.
(introduced by section 42)
SCHEDULE 9E+WACTIVITIES IN RELATION TO WHICH SERVICE DELIVERY STANDARDS MUST BE SPECIFIED
Prospective
These are the activities referred to in section 42(2)—
-
correspondence;
-
telephone calls;
-
help-lines and call-centres;
-
personal meetings;
-
public meetings;
-
publicity and advertising;
-
public exhibitions;
-
publications;
-
forms;
-
websites and online services;
-
signage;
-
reception of visitors;
-
official notices;
-
awarding grants;
-
awarding contracts;
-
raising awareness of Welsh language services that are available.
(introduced by section 71)
SCHEDULE 10E+WCOMMISSIONER'S INVESTIGATION OF FAILURE TO COMPLY WITH STANDARDS ETC
PART 1 E+WGENERAL
IntroductionE+W
1E+WThis Schedule applies to investigations under section 71.
Terms of referenceE+W
2(1)Before conducting an investigation, the Commissioner must prepare the terms of reference of the investigation.E+W
(2)The terms of reference must specify—
(a)the person who is being investigated (“D”),
(b)the suspected failure to comply with a relevant requirement.
(3)Before settling the terms of reference, the Commissioner must—
(a)give notice of the proposed terms to—
(i)D, and
(ii)any other interested person,
(b)give each person who is given notice of the proposed terms an opportunity to make representations about the proposed terms, and
(c)consider any representations made.
(4)After settling the terms of reference (having complied with sub-paragraph (3)), the Commissioner must—
(a)publish the terms of reference of the investigation in a manner that the Commissioner thinks is likely to bring the investigation to the attention of persons whom it concerns or who are likely to be interested in it, and
(b)give notice of the terms of reference to—
(i)D, and
(ii)any other interested person.
(5)This paragraph applies to any change in the terms of reference as the paragraph would apply if the change in the terms were the preparation of those terms.
RepresentationsE+W
3(1)The Commissioner must make arrangements for giving persons an opportunity to make representations in relation to investigations.E+W
(2)The arrangements must give the following persons an opportunity to make representations in the course of an investigation—
(a)D, and
(b)any other interested person.
(3)Arrangements under this paragraph may, amongst other things, include arrangements for oral representations.
4(1)The Commissioner must consider representations made in relation to an investigation by—E+W
(a)D, or
(b)a legal adviser who is acting on behalf of D.
(2)The Commissioner must consider representations made in relation to an investigation by any other person, unless the Commissioner thinks it is appropriate to refuse to do so.
(3)If the Commissioner refuses to consider representations made in relation to an investigation, he or she must give the person who made the representations written notice of—
(a)the decision to refuse to consider the representations, and
(b)the reasons for the decision.
(4)In this paragraph “legal adviser” means—
(a)a person who, for the purposes of the Legal Services Act 2007, is an authorised person, or a European lawyer who is an exempt person by virtue of paragraph 7 of Schedule 3 to that Act, in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act), or
(b)an advocate or solicitor in Scotland.
PART 2 E+WINFORMATION, DOCUMENTS AND ORAL EVIDENCE
Evidence noticesE+W
5(1)In the course of an investigation, the Commissioner may give a person (A) an evidence notice.E+W
(2)In this Measure, “evidence notice” means a notice that requires A to do one or more of the following—
(a)to provide information in A's possession;
(b)to produce documents in A's possession;
(c)to give oral evidence.
(3)A notice under this paragraph may include provision about—
(a)the form of information, documents or evidence;
(b)the timing of anything to be done in accordance with the notice.
(4)A notice under this paragraph may not require A to do anything that A could not be compelled to do in proceedings before the High Court.
(5)A notice under this paragraph must inform A of—
(a)the consequences if A does not comply with the notice; and
(b)the right of appeal under paragraph 9.
6(1)This paragraph applies if, in the course of an investigation, a person (B)—E+W
(a)provides information,
(b)produces documents, or
(c)gives oral evidence.
(2)The Commissioner may, if he or she thinks fit, pay to B—
(a)sums in respect of expenses properly incurred by B, and
(b)allowances by way of compensation for loss of B's time.
(3)Any payment to B is to be made—
(a)in accordance with such scales as may be determined by the Commissioner, and
(b)subject to such conditions as may be determined by the Commissioner.
Confidentiality etcE+W
7E+WA notice under paragraph 5—
(a)may not require a person to provide information that the person is prohibited from disclosing by virtue of an enactment, and
(b)may not require a person to do anything that the person could not be compelled to do in proceedings before the High Court.
8(1)A must disregard a notice given under paragraph 5, and must notify the Commissioner that A is disregarding it, in so far as A thinks it would require A—E+W
(a)to disclose sensitive information within the meaning of paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (Intelligence and Security Committee),
(b)to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the Commissioner),
(c)to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service,
(d)to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), or
(e)to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security.
(2)In sub-paragraph (1) “intelligence service” means—
(a)the Security Service,
(b)the Secret Intelligence Service, and
(c)the Government Communications Headquarters.
(3)If A notifies the Commissioner under sub-paragraph (1) above—
(a)paragraphs 9 and 10 do not apply in relation to that part of the notice under paragraph 5 to which the notice under sub-paragraph (1) above relates,
(b)the Commissioner may apply to the tribunal established by section 65 of the Regulation of Investigatory Powers Act 2000 for an order requiring the person to take such steps as may be specified in the order to comply with the notice,
(c)the following provisions of that Act are to apply in relation to proceedings under this paragraph as they apply in relation to proceedings under that Act (with any necessary modifications)—
(i)section 67(7), (8) and (10) to (12) (determination),
(ii)section 68 (procedure), and
(iii)section 69 (rules), and
(d)the tribunal established by section 65 of that Act must determine proceedings under this paragraph by considering the opinion of A in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice.
(4)Where the Commissioner receives information or documents from or relating to an intelligence service in response to a notice under paragraph 5, the Commissioner must store and use the information or documents in accordance with any arrangements specified by the Secretary of State.
AppealsE+W
9E+WA may apply to the Tribunal to have the notice under paragraph 5 cancelled on the grounds that a requirement imposed by the notice is—
(a)unnecessary having regard to the purpose of the investigation, or
(b)otherwise unreasonable or disproportionate.
10E+WA may apply to the Tribunal to have the notice under paragraph 5 cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which paragraph 8(1) applies.
EnforcementE+W
11(1)This paragraph applies where the Commissioner thinks that A—E+W
(a)has failed without reasonable excuse to comply with a notice under paragraph 5, or
(b)is likely to fail without reasonable excuse to comply with a notice under paragraph 5.
(2)The Commissioner may apply to a county court for an order requiring A to take such steps as may be specified in the order to comply with the notice.
PART 3 E+WPOWER OF ENTRY AND INSPECTION
Power of entry and inspectionE+W
12(1)The Commissioner, or any person authorised by the Commissioner, may enter and inspect premises if the Commissioner or the authorised person thinks that the entry and inspection is necessary for the purposes of an investigation.E+W
(2)But that is subject to sub-paragraphs (3) and (4).
(3)This paragraph does not authorise entry to—
(a)a dwelling, or
(b)premises that are not under the control of the person being investigated.
(4)This paragraph does not authorise entry to premises at a particular time if entry at that time is unreasonable.
(introduced by section 120)
SCHEDULE 11E+WTHE WELSH LANGUAGE TRIBUNAL
PART 1 E+WNUMBER OF MEMBERS OF THE TRIBUNAL
Legally-qualified membersE+W
1(1)The Welsh Ministers must from time to time determine the number of legally-qualified members which the Tribunal is to have.E+W
(2)The Welsh Ministers must consult the President before determining that number.
(3)So far as it is practicable to do so, the Welsh Ministers must secure that the number of persons serving as legally-qualified members of the Tribunal is equal to the number determined under this paragraph.
Lay membersE+W
2(1)The Welsh Ministers must from time to time determine the number of lay members which the Tribunal is to have.E+W
(2)The Welsh Ministers must consult the President before determining that number.
(3)So far as it is practicable to do so, the Welsh Ministers must secure that the number of persons serving as lay members of the Tribunal is equal to the number determined under this paragraph.
PART 2 E+WAPPOINTMENT
The PresidentE+W
3(1)The Welsh Ministers may appoint a person to be President only if the person satisfies—E+W
(a)the judicial-appointment eligibility condition on a 10-year basis, and
(b)any other conditions applicable to the appointment that are specified in appointment regulations.
(2)But the Welsh Ministers may not appoint a person to be President if the person is—
(a)disqualified from membership of the Tribunal on grounds of employment or unsuitability, or
(b)disqualified from appointment as President on grounds of age, previous appointment or previous dismissal.
(3)Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 10-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).
Legally-qualified membersE+W
4(1)The Welsh Ministers may appoint a person to be a legally-qualified member only if the person satisfies—E+W
(a)the judicial-appointment eligibility condition on a 5-year basis,
(b)any other conditions applicable to the appointment that are specified in appointment regulations.
(2)But the Welsh Ministers may not appoint a person to be a legally-qualified member if the person is—
(a)disqualified from membership of the Tribunal on grounds of employment or unsuitability, or
(b)disqualified from appointment as a legally-qualified member on grounds of age, previous appointment or previous dismissal.
(3)Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 5-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).
Lay membersE+W
5(1)The Welsh Ministers may appoint a person to be a lay member only if the person satisfies any conditions applicable to the appointment that are specified in appointment regulations.E+W
(2)But the Welsh Ministers may not appoint a person to be a lay member if the person—
(a)is disqualified from membership of the Tribunal on grounds of employment or unsuitability,
(b)is disqualified from appointment as a lay member on grounds of age, previous appointment or previous dismissal, or
(c)may be appointed as a legally-qualified member of the Tribunal.
Remuneration etcE+W
6(1)The Welsh Ministers may pay remuneration to the members of the Tribunal.E+W
(2)The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Tribunal.
(3)The Welsh Ministers may pay—
(a)pensions to, or in respect of, persons who have been members of the Tribunal, and
(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Tribunal.
Terms of appointmentE+W
7(1)A member of the Tribunal holds office subject to the terms of his or her appointment.E+W
(2)But that is subject to the other provisions of this Schedule.
Duration of appointmentE+W
8(1)A person appointed to be a member of the Tribunal is a member (by virtue of that appointment) for 5 years.E+W
(2)But, if the Welsh Ministers think it necessary or expedient, they may appoint a person to be a legally-qualified or lay member of the Tribunal for a period of less than 5 years.
(3)This paragraph is subject to Part 3 of this Schedule.
Appointment regulationsE+W
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
PART 3 E+WEND OF APPOINTMENT
ResignationE+W
10(1)The President may resign from the Tribunal if he or she gives the Welsh Ministers not less than 3 months' notice in writing of his or her intention to do so.E+W
(2)A legally-qualified or lay member of the Tribunal may resign from the Tribunal if he or she gives the Welsh Ministers not less than 2 months' notice in writing of his or her intention to do so.
Disqualification from membershipE+W
11E+WA person ceases to be a member of the Tribunal if the person is disqualified from membership of the Tribunal on grounds of employment or unsuitability.
DismissalE+W
12(1)The Welsh Ministers may dismiss a member of the Tribunal if the Welsh Ministers are satisfied that he or she—E+W
(a)is unfit to continue as a member of the Tribunal, or
(b)is unable or unwilling to exercise his or her duties as a member of the Tribunal.
(2)The Welsh Ministers must consult the President before dismissing any other member of the Tribunal.
PART 4 E+WDISQUALIFICATION FROM MEMBERSHIP OR APPOINTMENT
Disqualification from membership: employmentE+W
13(1)A person is disqualified from membership of the Tribunal on grounds of employment if the person is—E+W
(a)a Member of Parliament;
(b)a Member of the National Assembly for Wales;
(c)a member of the staff of the Welsh Assembly Government;
(d)a member of the staff of the National Assembly for Wales Commission;
(e)the Commissioner;
(f)the Deputy Commissioner;
(g)any other member of the staff of the Commissioner; or
(h)the husband or wife or civil partner of a person falling within paragraph (e), (f) or (g).
Disqualification from membership: unsuitabilityE+W
14(1)A person is disqualified from membership of the Tribunal on grounds of unsuitability if the person—E+W
(a)has been adjudged bankrupt and remains bankrupt;
(b)has been granted a debt relief order (within the meaning of Part VIIA of the Insolvency Act 1986), and the moratorium period under that order is continuing;
(c)has made an arrangement with his or her creditors and the arrangement remains in force;
(d)has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine has been imposed;
(e)is disqualified from being a member of a county borough council or county council in Wales; or
(f)is disqualified from being a director of a company.
(2)For the purposes of sub-paragraph (1)(a) a person remains bankrupt until such time as—
(a)the person is discharged from bankruptcy, or
(b)the bankruptcy order made against that person is annulled.
(3)For the purposes of sub-paragraph (1)(c) an arrangement with a person's creditors remains in force until—
(a)the person pays his or her debts in full, or
(b)if later, the end of the period of five years beginning with the day on which the terms of the arrangement are fulfilled.
(4)If the question of whether a person is disqualified from membership of the Tribunal on grounds of unsuitability arises in relation to the appointment of the person to be a member of the Tribunal, any conviction which that person received more than five years before the date of the appointment is to be disregarded.
Disqualification from appointment: ageE+W
15E+WA person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal if the person has already reached the age of 70 at the date of the appointment.
Disqualification from appointment: previous appointmentE+W
16(1)A person is disqualified from appointment as President on grounds of previous appointment if the person has already been President for a period of 10 years or more (whether in consecutive or non-consecutive appointments).E+W
(2)A person is disqualified from appointment as a legally-qualified member of the Tribunal on grounds of previous appointment if the person has already been a legally-qualified member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).
(3)A person is disqualified from appointment as a lay member of the Tribunal on grounds of previous appointment if the person has already been a lay member for a period of 10 years or more (whether in consecutive or non-consecutive appointments).
Disqualification from appointment: previous dismissal from officeE+W
17E+WA person is disqualified from appointment as President or as a legally-qualified or lay member of the Tribunal on grounds of previous dismissal if the Welsh Ministers have previously dismissed the person from the Tribunal under paragraph 12.
PART 5 E+WGENERAL
InterpretationE+W
18E+WIn this Schedule “appointment regulations” means regulations made under paragraph 9.
(introduced by section 146)
SCHEDULE 12E+WABOLITION OF WELSH LANGUAGE BOARD: OTHER PROVISION
Staff of the BoardE+W
1(1)The Welsh Ministers may, by order, make provision for staff of the Board to be transferred to—E+W
(a)the Commissioner, or
(b)the Welsh Assembly Government.
(2)The contract of employment of a person transferred by virtue of this paragraph—
(a)is not terminated by the transfer, and
(b)has effect from the date of the transfer as if originally made between the transferred person and the transferee.
(3)Without prejudice to sub-paragraph (2)—
(a)where a person is transferred to the employment of the Commissioner—
(i)all the rights, powers, duties and liabilities of the Board under or in connection with the person's contract of employment are transferred to the Commissioner on the date of the transfer, and
(ii)anything done before that date by or in relation to the Board in respect of the person or the contract is to be treated from that date as having been done by or in relation to the Commissioner,
(b)where a person is transferred to the employment of the Welsh Assembly Government—
(i)all the rights, powers, duties and liabilities of the Board under or in connection with the person's contract of employment are transferred to the Welsh Ministers on the date of the transfer, and
(ii)anything done before that date by or in relation to the Board in respect of the person or the contract is to be treated from that date as having been done by or in relation to the Welsh Ministers.
(4)Where a person is transferred by virtue of this paragraph, that person's period of employment with the Board immediately before the transfer date—
(a)counts as a period of employment as a member of the staff of the transferee, and
(b)is to be treated as continuous employment as a member of the staff of the transferee for the purposes of section 218(3) of the Employment Rights Act 1996.
(5)A contract of employment (or the rights, powers, duties and liabilities under or in connection with it) is not transferred under this paragraph if the employee objects to the transfer and informs the Board or the transferee of that objection.
(6)If the employee informs the Board or the transferee of an objection under sub-paragraph (5)—
(a)the contract of employment is terminated immediately before the date the transfer would occur, but
(b)the employee is not treated, for any purpose, as having been dismissed by the Board.
(7)Nothing in this paragraph affects any right of a person transferred to terminate his or her contract of employment if (apart from the change of employer) a substantial change is made to the person's detriment in his or her working conditions.
(8)Provision may be made under sub-paragraph (1) in respect of all persons employed by the Board, any class or description of person, or any individual person.
(9)In this paragraph “transferee” refers to the employer to whom the person is or would be transferred under this paragraph.
Commencement Information
I17Sch. 12 para. 1 in force at 28.6.2011 by S.I. 2011/1586, art. 2(d)
Property, rights and liabilities of the BoardE+W
2(1)Without prejudice to paragraph 1, the Welsh Ministers may, by order, make provision about the property, rights and liabilities of the Board.E+W
(2)The power conferred by sub-paragraph (1) includes, but is not limited to, power to make provision for—
(a)property, rights and liabilities to be transferred to—
(i)the Commissioner, or
(ii)the Welsh Ministers;
(b)transfers of property, rights or liabilities of the Board to have effect subject to exceptions or reservations;
(c)transfers of property, rights or liabilities to have effect in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer;
(d)the creation of interests in, or rights over, property of the Board or property transferred from the Board;
(e)the creation of rights and liabilities—
(i)between the Board and the Commissioner, or
(ii)between the Board and the Welsh Ministers.
(3)In this paragraph—
-
“property” (“eiddo”) includes property situated outside the United Kingdom;
-
“rights and liabilities” (“hawliau a rhwymedigaethau”) includes rights and liabilities arising otherwise than under the law of England and Wales.
Commencement Information
I18Sch. 12 para. 2 in force at 28.6.2011 by S.I. 2011/1586, art. 2(d)
Modification of 1993 Act in relation to functions transferred to Welsh MinistersE+W
3E+WIf the functions conferred on the Board by section 3 of the 1993 Act are transferred to the Welsh Ministers (whether instead of, or in addition to, the functions being transferred to the Commissioner), the following provisions of the 1993 Act do not apply to the functions as they are exercisable by the Welsh Ministers—
(a)section 3(2)(a);
(b)section 3(3) and (4);
(c)section 4(1).
References to the BoardE+W
4E+WAny reference to the Board in the 1993 Act is to be construed—
(a)so far as it relates to a function of the Board that is transferred to the Commissioner, as being, or including, a reference to the Commissioner; and
(b)so far as it relates to a function of the Board that is transferred to the Welsh Ministers, as being, or including, a reference to the Welsh Ministers.
Continuation of legal proceedings, validity of acts etcE+W
5(1)Anything (including legal proceedings) which relates to—E+W
(a)a transferred function, or
(b)transferred property, rights or liabilities,
and which is in the process of being done by, or in relation to, the Board immediately before the transfer time may be continued by, or in relation to, the transferee.
(2)Anything which was done by, or in relation to, the Board for the purpose of, or in connection with—
(a)a transferred function, or
(b)transferred property, rights or liabilities,
and which is in effect immediately before the transfer time, has effect after the transfer as if done by, or in relation to, the transferee.
(3)In any instruments, contracts or legal proceedings which relate to—
(a)a transferred function, or
(b)transferred property, rights or liabilities,
and which are made or commenced before the transfer time, the transferee is substituted for the Board.
(4)This paragraph does not apply in relation to rights and liabilities under a contract of employment of a member of the staff of the Board.
(5)In this paragraph—
-
“transfer time” (“adeg y trosglwyddo”), in relation to a transferred function, or transferred property, rights or liabilities, means the time of the transfer of the function, or property, rights or liabilities;
-
“transferred function” (“swyddogaeth a drosglwyddwyd” ) means a function of the Board transferred to the Commissioner or Welsh Ministers under this Measure;
-
“transferred property, rights or liabilities” (“eiddo, hawliau neu rwymedigaethau a drosglwyddwyd”) means property, rights or liabilities of the Board transferred to the Commissioner or Welsh Ministers under this Measure.
InterpretationE+W
6E+WIn this Schedule—
-
“1993 Act” (“Deddf 1993”) has the meaning given in section 147(5);
-
“Board” (“y Bwrdd”) has the meaning given in section 147(5).
Commencement Information
I19Sch. 12 para. 6 in force at 28.6.2011 by S.I. 2011/1586, art. 2(d)