wsi/2017/90
wsi/2017/90 — <div xmlns="http://www.w3.org/1999/xhtml"> <span xml:lang="en">The Welsh Language Standards (No. 6) Regulations 2017</span> / <span xml:lang="cy">Rheoliadau Safonau’r Gymraeg (Rhif 6) 2017</span> </div>
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Analyze this law with AI2017 No. 90 (W. 33)
Welsh Language
The Welsh Language Standards (No. 6) Regulations 2017
Made
1 February 2017
Coming into force
7 February 2017
The Welsh Ministers, in exercise of the powers conferred upon them by sections 26, 27, 39 and 150(5) of the Welsh Language (Wales) Measure 2011 , having received the approval of the National Assembly for Wales in accordance with section 150(2) of that Measure, make the following Regulations:
Title, commencement, application and interpretation
1
1
The title of these Regulations is the Welsh Language Standards (No. 6) Regulations 2017.
2
These Regulations come into force on 7 February 2017.
3
These Regulations apply in relation to Wales.
4
In these Regulations—
a “body” (“ corff ”) means a person referred to in regulation 3;
an “individual” (“ unigolyn ”) means a member of the public or a student;
a “member of staff” (“ aelod o staff ”) means an employee of a body or an individual working for a body (and “staff” (“ staff ”) must be construed accordingly).
5
In these Regulations—
a
references to any activity being carried out by a body, or to any service being provided by a body, are to be read as including a reference to that activity being carried out on the body’s behalf or to that service being provided on the body’s behalf by a third party under arrangements made between the third party and the body;
b
accordingly, unless a compliance notice provides to the contrary, a body will have failed to comply with a standard in respect of an activity or service it has arranged to be carried out or provided by a third party if that activity or service has not been carried out or provided in accordance with the standard.
6
Nothing in these Regulations requires a body to comply with a standard in respect of an activity carried out by it or a service provided by it where it is carrying out that activity or providing that service on behalf of a third party under arrangements made between it and the third party.
Standards specified
2
1
In Schedule 1—
a
Part 1 specifies service delivery standards;
b
Part 2 provides that—
i
a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards, and
ii
a compliance notice must not require a body to comply with certain standards specified in Part 1 in certain circumstances if it has required the body to comply with certain other standards;
c
Part 3 defines a number of words and expressions.
2
In Schedule 2—
a
Part 1 specifies policy making standards;
b
Part 2 defines a number of words and expressions.
3
In Schedule 3—
a
Part 1 specifies operational standards;
b
Part 2 provides that a compliance notice must require a body to comply with certain standards specified in Part 1 if it has required the body to comply with certain other standards;
c
Part 3 defines a number of words and expressions.
4
In Schedule 4—
a
Part 1 specifies record keeping standards;
b
Part 2 defines a number of words and expressions.
5
Schedule 5 specifies standards that deal with matters which are supplementary to the matters dealt with in the standards specified in Schedules 1 to 4 and, in particular—
a
Part 1 specifies service delivery standards that deal with supplementary matters;
b
Part 2 specifies policy making standards that deal with supplementary matters;
c
Part 3 specifies operational standards that deal with supplementary matters;
ch
Part 4 specifies record keeping standards that deal with supplementary matters;
d
Part 5 makes provision about interpreting the supplementary standards;
dd
Part 6 makes supplementary provision.
Standards that are specifically applicable
3
The Welsh Ministers authorise the Welsh Language Commissioner to give a compliance notice to—
1
Career Choices Dewis Gyrfa Limited requiring it to comply with the following standards specified under regulation 2 and the Schedules—
a
94 to 162;
b
169 to 182;
2
Coleg Ceredigion, Coleg Sir Gâr, Further Education Corporations in Wales, Merthyr Tydfil College Limited, the governing body of Saint David’s Catholic College and WEA YMCA CC Cymru requiring them to comply with the following standards specified under regulation 2 and the Schedules—
a
1 to 136;
b
138 to 182;
3
Aberystwyth University, Bangor University, Cardiff University, Higher Education Corporations in Wales, the Open University, the Royal Welsh College of Music and Drama Limited, Swansea University, the University of Wales and the University of Wales: Trinity St David requiring them to comply with the standards specified under regulation 2 and the Schedules;
4
the Commission for Tertiary Education and Research requiring it to comply with the following standards specified under regulation 2 and the Schedules—
a
1 to 24B;
b
27 to 27D;
c
30 to 59;
ch
61 to 91;
d
94 to 103;
dd
105 to 136;
e
138 to 182.
5
Health Education and Improvement Wales requiring it to comply with standards 90 and 90A specified under regulation 2 and Schedule 1.
Alun Davies
Minister for Lifelong Learning and Welsh Language, under authority of the Cabinet Secretary for Education, one of the Welsh Ministers
1 February 2017
SCHEDULE 1
Service Delivery Standards
Regulation 2(1)
PART 1
THE STANDARDS
1 Standards relating to correspondence sent by a body (1) When a body replies to correspondence Standard 1:
If you receive correspondence from a person in Welsh you must reply in Welsh (if an answer is required), unless the person has indicated that there is no need to reply in Welsh.
(2) When a body initiates correspondence (a) When a body corresponds with an individual Standard 2:
When you correspond with an individual (“A”) for the first time, you must ask A whether A wishes to receive correspondence from you in Welsh, and if A responds to say that A wishes to receive correspondence in Welsh you must—
keep a record of A’s wish,
correspond with A in Welsh when corresponding with A from then onwards, and
send any forms you send to A from then onwards in Welsh.
(b) When a body corresponds with more than one member of the same household Standard 3:
When you send correspondence addressed to two individuals who are members of the same household (for example, the parents of a child) for the first time, you must ask them whether they wish to receive correspondence from you in Welsh; and if —
both individuals respond to say that they wish to receive correspondence in Welsh, you must keep a record of that wish and correspond in Welsh from then onwards when sending correspondence addressed to both of those individuals;
one (but not both) of the individuals responds to say that he or she wishes to receive correspondence in Welsh, you must keep a record of that wish and provide a Welsh language version of correspondence from then onwards when sending correspondence addressed to both of those individuals.
(c) When a body corresponds with several persons (for example, when it sends a circular, or sends the same letter to a number of homes) Standard 4: When you send the same correspondence to several persons, you must send a Welsh language version of the correspondence at the same time as you send any English language version. (3) General standards relating to correspondence Standard 5: If you don’t know whether a person wishes to receive correspondence from you in Welsh, when you correspond with that person you must provide a Welsh language version of the correspondence. Standard 6: If you produce a Welsh language version and a corresponding English language version of correspondence, you must not treat the Welsh language version less favourably than the English language version (for example, if the English version is signed, or if contact details are provided on the English version, then the Welsh version must be treated in the same way). Standard 7:
You must state —
in correspondence, and
in publications and notices that invite persons to respond to you or to correspond with you,
that you welcome receiving correspondence in Welsh, that you will respond to correspondence in Welsh, and that corresponding in Welsh will not lead to delay.
2 Standards relating to telephone calls made and received by a body (1) Telephone calls made to a body’s main contact number and to any helplines or call centres Standard 8: When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must greet the person in Welsh. Standard 9: When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform the person that a Welsh language service is available. Standard 10: When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh in its entirety if that is the person’s wish (where necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). Standard 11:
When a person contacts you on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must deal with the call in Welsh if that is the person’s wish until such point as —
it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and
no Welsh speaking member of staff is available to provide a service on that specific subject matter.
Standard 12: When you advertise telephone numbers, helpline numbers or call centre services, you must not treat the Welsh language less favourably than the English language. Standard 13: If you offer a Welsh language service on your main telephone number (or numbers), on any helpline numbers or call centre numbers, the telephone number for the Welsh language service must be the same as for the corresponding English language service. Standard 14: When you publish your main telephone number, or any helpline numbers or call centre service numbers, you must state (in Welsh) that you welcome calls in Welsh. Standard 15: If you have performance indicators for dealing with telephone calls, you must ensure that those performance indicators do not treat telephone calls made in Welsh any less favourably than calls made in English. Standard 16: Your main telephone call answering service (or services) must inform persons calling, in Welsh, that they can leave a message in Welsh. Standard 17: When there is no Welsh language service available on your main telephone number (or numbers), or on any helpline numbers or call centre numbers, you must inform persons calling in Welsh (by way of an automated message or otherwise), when a Welsh language service will be available. (2) Telephone calls made to departments and to members of a body’s staff Standard 18: If a person contacts one of your departments on a direct line telephone number (including on staff members’ direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh in its entirety (if necessary by transferring the call to a member of staff who is able to deal with the call in Welsh). Standard 19:
If a person contacts one of your departments on a direct line telephone number (including on staff members’ direct line numbers), and that person wishes to receive a service in Welsh, you must deal with the call in Welsh until such point as —
it is necessary to transfer the call to a member of staff who does not speak Welsh who can provide a service on a specific subject matter; and
no Welsh speaking member of staff is available to provide a service on that specific subject matter.
Standard 20: When a person contacts you on a direct line number (whether on a department’s direct line number or on the direct line number of a member of staff), you must ensure that, when greeting the person, the Welsh language is not treated less favourably than the English language. ( 3) Telephone calls made by a body Standard 21: When you telephone an individual (“A”) for the first time you must ask A whether A wishes to receive telephone calls from you in Welsh, and if A responds to say that A wishes to receive telephone calls in Welsh you must keep a record of that wish, and conduct telephone calls made to A from then onwards in Welsh.
( 4) A body dealing with telephone calls using an automated system
Standard 22: Any automated telephone systems that you have must provide the complete automated service in Welsh. 3 Standards relating to a body holding meetings that are not open to the general public or to students within a particular cohort (1) Meetings between a body and one other invited person Standard 23: If you invite one person only (“P”) to a meeting, you must offer to conduct the meeting in Welsh; and if P informs you that P wishes for the meeting to be conducted in Welsh, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). Standard 24: If you invite one person only (“P”) to a meeting you must ask P whether P wishes to use the Welsh language at the meeting, and inform P that you will, if necessary, provide a translation service from Welsh to English for that purpose. Standard 24A: If you have invited one person only (“P”) to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). Standard 24B: If you have invited one person only (“P”) to a meeting and P has informed you that P wishes to use the Welsh language at the meeting, you must arrange for a consecutive translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). (2) Meetings with one person relating to complaints, disciplinary proceedings or student support Standard 25:
If you invite an individual (“A”) to a meeting, and
the meeting relates to a complaint about A or made by A;
the meeting relates to disciplinary proceedings regarding A; or
the purpose of the meeting is to provide student support to A,
you must—
ask A whether A wishes for the meeting to be conducted in Welsh, and
if A informs you that A wishes for the meeting to be conducted in Welsh, conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service).
Standard 26:
If you invite an individual (“A”) to a meeting, and
the meeting relates to a complaint about A or made by A;
the meeting relates to disciplinary proceedings regarding A; or
the purpose of the meeting is to provide student support to A,
you must—
ask A whether A wishes to use the Welsh language at the meeting, and
inform A that you will, if necessary, provide a translation service from Welsh to English and from English to Welsh for that purpose.
Standard 26A:
You must arrange for a simultaneous translation service from Welsh to English and from English to Welsh to be available at a meeting—
if—
the meeting relates to a complaint about the invited individual (“A”) or made by A;
the meeting relates to disciplinary proceedings regarding A; or
the purpose of the meeting is to provide student support to A; and
if A has informed you that A wishes to use the Welsh language at the meeting;
unless you conduct the meeting in Welsh without the assistance of a translation service.
Standard 26B:
You must arrange for a consecutive translation service from Welsh to English and from English to Welsh to be available at a meeting—
if—
the meeting relates to a complaint about the invited individual (“A”) or made by A;
the meeting relates to disciplinary proceedings regarding A; or
the purpose of the meeting is to provide student support to A; and
if A has informed you that A wishes to use the Welsh language at the meeting;
unless you conduct the meeting in Welsh without the assistance of a translation service.
(3) Meetings between a body and more than one invited person Standard 27: If you invite more than one person to a meeting, you must ask each person whether they wish to use the Welsh language at the meeting. Standard 27A: If you have invited more than one person to a meeting, and at least 10% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. Standard 27B: If you have invited more than one person to a meeting, and at least 20% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. Standard 27C: If you have invited more than one person to a meeting, and at least 30% (but less than 100%) of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting. Standard 27CH: If you have invited more than one person to a meeting, and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service). Standard 27D: If you have invited more than one person to a meeting, and all of the persons invited have informed you that they wish to use the Welsh language at the meeting, you must arrange for a simultaneous translation service from Welsh to English to be available at the meeting (unless you conduct the meeting in Welsh without the assistance of a translation service). (4) Meetings with more than one person relating to complaints, disciplinary proceedings or student support Standard 28:
If you invite more than one person to a meeting, and
the meeting relates to a complaint made by or about one or more of the individuals invited;
the meeting relates to disciplinary proceedings regarding one or more of the individuals invited; or
the purpose of that meeting is to provide student support to one or more of the individuals invited;
you must—
ask that individual or each of those individuals whether he or she wishes for the meeting to be conducted in Welsh; and
if that individual, or if each of those individuals, informs you that he or she wishes for the meeting to be conducted in Welsh, conduct the meeting in Welsh (without the assistance of a simultaneous or consecutive translation service).
Standard 29:
If you invite more than one person to a meeting, and
the meeting relates to a complaint made by or about one of the individuals invited;
the meeting relates to disciplinary proceedings regarding one or more of the individuals invited; or
the purpose of that meeting is to provide student support to one or more of the individuals invited;
you must—
ask that individual or each of those individuals whether he or she wishes to use the Welsh language at the meeting; and
inform that individual (or those individuals) that, if necessary, you will provide a translation service from Welsh to English and from English to Welsh for that purpose.
Standard 29A:
You must provide a simultaneous translation service from Welsh to English and from English to Welsh at a meeting—
if you have invited more than one person to the meeting;
if—
the meeting relates to a complaint made by or about one or more of the individuals invited;
the meeting relates to disciplinary proceedings regarding one or more of the individuals invited; or
the purpose of the meeting is to provide student support to one or more of the individuals invited; and
if at least one of those individuals has informed you that he or she wishes to use the Welsh language at the meeting;
unless you conduct the meeting in Welsh without the assistance of a translation service.
Standard 29B:
You must provide a consecutive translation service from Welsh to English and from English to Welsh at a meeting—
if you have invited more than one person to the meeting;
if—
the meeting relates to a complaint made by or about one or more of the individuals invited;
the meeting relates to disciplinary proceedings regarding one or more of the individuals invited; or
the purpose of the meeting is to provide student support to one or more of the individuals invited; and
if at least one of those individuals has informed you that he or she wishes to use the Welsh language at the meeting;
unless you conduct the meeting in Welsh without the assistance of a translation service.
4 Standards relating to meetings arranged by a body that are open to the public or to students within a particular cohort Standard 30:
If you arrange a meeting that is open to—
the public, or
students who are within a particular cohort,
you must state on any material advertising it, and on any invitation to it, that anyone attending is welcome to use the Welsh language at the meeting.
Standard 31:
When you send invitations to a meeting that you arrange which is open to—
the public, or
students who are within a particular cohort,
you must send the invitations in Welsh.
Standard 32:
If you invite persons to speak at a meeting that you arrange which is open to—
the public, or
students who are within a particular cohort,
you must —
i
ask each person invited to speak whether he or she wishes to use the Welsh language, and
ii
if that person (or at least one of those persons) has informed you that he or she wishes to use the Welsh language at the meeting, provide a simultaneous translation service from Welsh to English for that purpose (unless you conduct the meeting in Welsh without a translation service).
Standard 33:
If you arrange a meeting that is open to—
the public, or
students who are within a particular cohort,
you must ensure that a simultaneous translation service from Welsh to English is available at the meeting, and you must orally inform those present in Welsh —
i
that they are welcome to use the Welsh language, and
ii
that a simultaneous translation service is available.
Standard 34:
If you display any written material at a meeting that you arrange which is open to—
the public, or
students who are within a particular cohort,
you must ensure that the material is displayed in Welsh, and you must not treat any Welsh language text less favourably than the English language text.
5 Standards relating to public events organised or funded by a body Standard 35: If you organise a public event, or fund at least 50% of a public event, you must ensure that, in promoting the event, the Welsh language is treated no less favourably than the English language (for example, in the way the event is advertised or publicised). Standard 36: If you organise a public event, or fund at least 50% of a public event, you must ensure that the Welsh language is treated no less favourably than the English language at the event (for example, in relation to services offered to persons attending the event, in relation to signs displayed at the event and in relation to audio announcements made at the event). 6 Standard relating to a body’s publicity and advertising Standard 37: Any publicity or advertising material that you produce must be produced in Welsh, and if you produce the material in Welsh and in English, you must not treat the Welsh language version less favourably than you treat the English language version. 7 Standards relating to a body displaying material in public Standard 38: Any material that you display in public must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than the English language version. Standard 39: Any material that you display at a public exhibition organised by you must be displayed in Welsh, and you must not treat any Welsh language version of the material less favourably than you treat an English language version. 8 Standards relating to public lectures Standard 40:
If you arrange a public lecture you must ensure that a simultaneous translation service from Welsh to English is available for the purpose of any questions asked by the audience during or after the lecture where—
the subject matter of the public lecture suggests that such a service should be provided, or
the anticipated audience and their expectation suggests that such a service should be provided.
Standard 40A: If you arrange a public lecture and you provide a simultaneous translation service you must orally inform those present in Welsh that they are welcome to use the Welsh language. 9 Graduation and award ceremonies Standard 41: If you arrange a graduation or award ceremony you must ensure that the Welsh language is treated no less favourably than the English language in relation to material or signs displayed by you at the venue and in relation to any information provided regarding the order of events at the ceremony (whether in an electronic, written or oral form). Standard 42:
If you invite persons to speak at a graduation or award ceremony you must —
ask each person invited to speak whether he or she wishes to use the Welsh language, and
if a person (or at least one of those persons) has informed you that he or she wishes to use the Welsh language at the ceremony, either
provide a simultaneous translation service from Welsh to English for that purpose, or
provide a written English translation at the ceremony.
10 Standards relating to a body producing and publishing documents Standard 43: Any documents that you produce for public use or for students’ use must be produced in Welsh. Standard 44:
If you produce the following documents you must produce them in Welsh—
agendas, minutes and other papers that are available to the public or to students, which relate to Board or Council meetings;
agendas, minutes and other papers for meetings, conferences or seminars that are open to the public or to students.
Standard 45: Any licence, permit or certificate you produce must be produced in Welsh. Standard 46: Any brochure, prospectus, leaflet, pamphlet or card that you produce in order to provide information to the public or to students must be produced in Welsh. Standard 47:
If you produce the following documents, and they are available to the public or to students, you must produce them in Welsh —
policies, strategies, annual reports and corporate plans;
guidelines and codes of practice;
consultation papers.
Standard 48: Any rules that you publish that apply to the public must be published in Welsh. Standard 49: When you issue any statement to the press you must issue it in Welsh and, if there is a Welsh language version and an English language version of a statement, you must issue both versions at the same time. Standard 50:
If you produce a document which is available to the public or to students, and no other standard has required you to produce the document in Welsh, you must produce it in Welsh —
if the subject matter of the document suggests that it should be produced in Welsh, or
if the anticipated audience, and their expectations, suggests that the document should be produced in Welsh.
Standard 51: If you produce a document in Welsh and in English (whether separate versions or not), you must not treat any Welsh language version less favourably than you treat the English language version. Standard 52: If you produce a Welsh language version and a separate English language version of a document, you must ensure that the English language version clearly states that the document is also available in Welsh. 11 Standards relating to a body producing and publishing forms Standard 53: Any form that you make available to the public or students must be produced in Welsh. Standard 53A: If you produce a Welsh language version and a separate English language version of a form, you must ensure that the English language version clearly states that the form is also available in Welsh. Standard 53B: If you produce a form in Welsh and in English (whether separate versions or not), you must ensure that the Welsh language version is treated no less favourably than the English language version, and you must not differentiate between the Welsh and English versions in relation to any requirements that are relevant to the form (for example in relation to any deadline for submitting the form, or in relation to the time allowed to respond to the content of the form). Standard 54: If you pre-enter information on a Welsh language version of a form (for example, before sending it to a member of the public in order for him or her to check the content or to fill in the remainder of the form), you must ensure that the information that you pre-enter is in Welsh. 12 Standards relating to a body’s websites and on-line services (1) Websites published by a body Standard 55:
You must ensure that —
the text of each page of your website is available in Welsh,
every Welsh language page on your website is fully functional, and
the Welsh language is not treated less favourably than the English language on your website.
Standard 56:
You must ensure that —
the text of the homepage of your website is available in Welsh,
any Welsh language text on your homepage (or, where relevant, your Welsh language homepage) is fully functional, and
the Welsh language is treated no less favourably than the English language in relation to the homepage of your website.
Standard 57:
You must ensure that when you publish a new page on your website or amend a page —
the text of that page is available in Welsh,
any Welsh language version of that page is fully functional, and
the Welsh language is treated no less favourably than the English language in relation to that page.
Standard 58: If you have a Welsh language web page that corresponds to an English language web page, you must state clearly on the English language web page that the page is also available in Welsh, and you must provide a direct link to the Welsh page on the corresponding English page. Standard 59: You must provide the interface and menus on every page of your website in Welsh. Standard 60: You must provide computer software for checking spelling and grammar in Welsh on your student intranet, your virtual learning sites and your learning portal sites. ( 2) Apps published by a body Standard 61: All apps that you publish must function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that app. 13 Standards relating to a body’s use of social media
Standard 62:
When you use social media you must not treat the Welsh language less favourably than the English language. Standard 63: If a person contacts you by social media in Welsh, you must reply in Welsh (if an answer is required). 14 Standard relating to self service machines Standard 64: You must ensure that any self service machines that you have function fully in Welsh, and the Welsh language must be treated no less favourably than the English language in relation to that machine. 15 Standards relating to signs displayed by a body Standard 65: When you erect a new sign or renew a sign (including temporary signs), any text displayed on the sign must be displayed in Welsh (whether on the same sign as you display corresponding English language text or on a separate sign); and if the same text is displayed in Welsh and in English, you must not treat the Welsh language text less favourably than the English language text. Standard 66: When you erect a new sign or renew a sign (including temporary signs) which conveys the same information in Welsh and in English, the Welsh-language text must be positioned so that it is likely to be read first. Standard 67: You must ensure that the Welsh language text on signs is accurate in terms of meaning and expression. 16 Standards relating to a body receiving visitors at its buildings Standard 68: Any reception service you make available in English must also be available in Welsh, and any person who requires a Welsh language reception service must not be treated less favourably than a person who requires an English language reception service. Standard 69: If you arrange a visit or appointment in advance for a person (“P”) which will mean that P will come to your reception, you must ask P whether P wishes to receive a Welsh language reception service (unless you already know whether P wishes to receive that service in Welsh). Standard 69A:
You must provide a face to face Welsh language reception service for a person (“P”) at your reception if you have arranged a visit or appointment for P in advance and—
P has informed you in advance that P wishes to receive the service in Welsh, or
you are already aware that P wishes to receive the service in Welsh.
Standard 70: If you have no face to face Welsh language reception service available, you must ensure that a Welsh language reception service is available over a phone in your reception. Standard 71: You must display a sign in your reception which states (in Welsh) that persons are welcome to use the Welsh language at the reception. Standard 72: You must ensure that staff at the reception who are able to provide a Welsh language reception service wear a badge to convey that. 17 Standards relating to notices made by a body Standard 73: Any notice that you publish or display must be published or displayed in Welsh, and you must not treat any Welsh language version of a notice less favourably than an English language version. Standard 74: When you publish or display a notice that contains Welsh language text as well as English language text, the Welsh language text must be positioned so that it is likely to be read first. 18 Standards relating to a body awarding grants or providing financial assistance Standard 75: Any documents that you publish which relate to applications for a grant or financial assistance must be published in Welsh, and you must not treat a Welsh language version of such documents less favourably than an English language version. Standard 76: When you invite applications for a grant or financial assistance, you must state in the invitation that applications may be submitted in Welsh and that any application submitted in Welsh will be treated no less favourably than an application submitted in English. Standard 76A: You must not treat applications for a grant or financial assistance submitted in Welsh less favourably than applications submitted in English (including, amongst other matters, in relation to the closing date for receiving applications and in relation to the timescale for informing applicants of decisions). Standard 77: If you receive an application for a grant or financial assistance in Welsh and it is necessary to interview an applicant as part of your assessment of the application, you must offer to conduct that interview in Welsh and, if the applicant so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). Standard 78:
If you receive an application for a grant or financial assistance in Welsh and it is necessary to interview the applicant as part of your assessment of the application you must —
offer to provide a translation service from Welsh to English to enable the applicant to use the Welsh language at the interview, and
if the applicant wishes to use the Welsh language at the interview, provide a simultaneous translation service for that purpose (unless you conduct the interview in Welsh without a translation service).
Standard 79: When you inform an applicant of your decision in relation to an application for a grant or financial assistance, you must do so in Welsh if the application was submitted in Welsh. 19 Standards relating to a body awarding contracts Standard 80: Any invitations to tender for a contract that you publish must be published in Welsh, and you must not treat a Welsh language version of any invitation less favourably than an English language version. Standard 81: When you publish invitations to tender for a contract, you must state in the invitation that tenders may be submitted in Welsh, and that a tender submitted in Welsh will be treated no less favourably than a tender submitted in English. Standard 81A: You must not treat a tender for a contract submitted in Welsh less favourably than a tender submitted in English (including, amongst other matters, in relation to the closing date for receiving tenders, and in relation to the timescale for informing tenderers of decisions). Standard 82: If you receive a tender in Welsh and it is necessary to interview a tenderer as part of your assessment of the tender, you must offer to conduct that interview in Welsh and, if the tenderer so wishes, you must conduct the interview in Welsh (without the assistance of a simultaneous or consecutive translation service). Standard 83:
If you receive a tender in Welsh and it is necessary to interview the tenderer as part of your assessment of the tender you must—
offer to provide a translation service from Welsh to English to enable the tenderer to use the Welsh language at the interview, and
if the tenderer wishes to use the Welsh language at the interview, provide a simultaneous translation service for that purpose (unless you conduct the interview in Welsh without a translation service).
Standard 84: When you inform a tenderer of your decision in relation to a tender, you must do so in Welsh if the tender was submitted in Welsh. 20 Standards for raising awareness about Welsh language services provided by a body Standard 85: You must promote any Welsh language service that you provide, and advertise that service in Welsh. Standard 86: If you provide a service in Welsh that corresponds to a service you provide in English, any publicity or document that you produce, or website that you publish, which refers to the English service must also state that a corresponding service is available in Welsh. 21 Standard relating to a body’s corporate identity Standard 87: When you form, revise or present your corporate identity, you must not treat the Welsh language less favourably than the English language. 22 Standards relating to learning opportunities offered by a body Standard 88: If you offer a learning opportunity that is open to the public, you must offer it in Welsh. Standard 89: If you develop a learning opportunity that is to be offered to the public, you must assess the need for that opportunity to be offered in Welsh; and you must ensure that the assessment is published on your website. 23 Standards relating to submitting written work in Welsh Standard 90: You must inform your students that any written work submitted to you as part of an assessment or examination may be submitted in Welsh, and that work submitted to you in Welsh will be treated no less favourably than written work submitted to you in English as part of that assessment or examination. Standard 90A: You must not treat any written work submitted to you in Welsh as part of an assessment or examination less favourably than written work submitted to you in English as part of that assessment or examination. 24 Standard relating to public address systems used by a body Standard 91: When you announce a message over a public address system, you must make that announcement in Welsh and, if the announcement is made in Welsh and in English, the announcement must be made in Welsh first. 25 Standards relating to student accommodation Standard 92: When students or prospective students apply to you for residential accommodation you must allow those students to express a preference for accommodation (or part of an accommodation) that will be reserved for Welsh speakers. Standard 92A: You must promote to your students and prospective students the ability for them to express a preference for accommodation (or part of an accommodation) that will be reserved for Welsh speakers. 26 Standard relating to allocating a personal tutor Standard 93:
If you allocate a personal tutor to a student (“A”) you must—
ask A whether A wishes to have a Welsh speaking personal tutor, and
if A informs you that A wishes to have a Welsh speaking personal tutor, allocate a Welsh speaking personal tutor to A.
PART 2
STANDARDS THAT RELATE TO OTHER STANDARDS – SPECIAL CONDITIONS
27 When a compliance notice requires a body to comply with one of the standards listed on a specific row in column 1 of Table 1, that compliance notice must also require that body to comply (in whatever way the Welsh Language Commissioner considers appropriate) with the standard or standards listed in column 2 of that row (or with one or more of those standards where that is stated).
TABLE 1
Row
Column 1
Main standard
Column 2
Reliant standard
(1)
Replying to correspondence
Standard 1
Standard 7
(2)
Corresponding with members of the same household
Standard 3
Standard 6
(3)
Corresponding with several persons
Standard 4
Standard 6
Standard 7
(4)
General standards relating to correspondence
Standard 5
Standard 6
Standard 7
(5)
Raising awareness about corresponding in Welsh
Standard 7
Standard 1
(6)
Receiving telephone calls
Standard 9
One or more of the following:
Standard 10
Standard 11
(7)
Receiving telephone calls
Standard 10 or 11
Standard 9
Standard 14
(8)
Raising awareness about telephone services in Welsh
Standard 14
One or more of the following:
Standard 10
Standard 11
and also
Standard 16, and
Standard 17
(9)
Meetings with one person
Standard 24
One or more of the following:
Standard 24A
Standard 24B
(10)
Meetings with one person
Standard 24A or 24B
Standard 24
(11)
Meetings with one person
Standard 26
One or more of the following:
Standard 26A
Standard 26B
(12)
Meetings with one person
Standard 26A or 26B
Standard 26
(13)
Meetings with more than one person
Standard 27
One or more of the following:
Standard 27A
Standard 27B
Standard 27C
and also one of more of the following;
Standard 27CH
Standard 27D
(14)
Meetings with more than one person
Standard 27A, 27B, 27C, 27CH or 27D
Standard 27
(15)
Meetings with more than one person
Standard 29
One or more of the following:
Standard 29A
Standard 29B
(16)
Meetings with more than one person
Standard 29A or 29B
Standard 29
(17)
Public meetings
Standard 30
Standard 33
(18)
Public meetings
Standard 33
Standard 30
(19)
Public lectures
Standard 40
Standard 40A
(20)
Public lectures
Standard 40A
Standard 40
(21)
Documents
Standard 43, 44, 45, 46, 47, 48 or 50
Standard 51
Standard 52
(22)
Forms
Standard 53
Standard 53A
Standard 53B
(23)
Websites
Standard 55, 56 or 57
Standard 58
(24)
Signs
Standard 65 or 66
Standard 67
(25)
Reception
Standard 68
Standard 71
Standard 72
(26)
Reception
Standard 69
Standard 69A
(27)
Reception
Standard 70
Standard 71
(28)
Raising awareness of Welsh-language services in a reception
Standard 71
One or more of the following:
Standard 68
Standard 70
(29)
Grants and financial assistance
Standard 76
Standard 76A
Standard 79
(30)
Grants and financial assistance
Standard 77 or 78
Standard 76
Standard 76A
(31)
Contracts
Standard 81
Standard 81A
Standard 84
(32)
Contracts
Standard 82 or 83
Standard 81
Standard 81A
(33)
Written work in Welsh
Standard 90
Standard 90A
(34)
Written work in Welsh
Standard 90A
Standard 90
(35)
Student accommodation
Standard 92
Standard 92A
(36)
Student accommodation
Standard 92A
Standard 92
28
1
Paragraph 28(2) applies if a compliance notice requires a body to comply with one or more of the standards listed on a specific row in column 1 of Table 2 and with one or more of the standards listed on the same row in column 2.
2
If the compliance notice requires the body to comply with a standard listed in column 2 in respect of a meeting (or in respect of a meeting of a particular kind) the compliance notice must not require the body to comply with a standard listed on the same row in column 1 in respect of that meeting (or in respect of a meeting of that kind).
TABLE 2
Row Column 1 Column 2
(1)
Meetings with one person
Standard 23, 24, 24A or 24B
Meetings with one person relating to complaints, disciplinary proceedings or student support
Standard 25, 26, 26A or 26B
(2)
Meetings with more than one person
Standard 27, 27A, 27B, 27C, 27CH or 27D
Meetings with more than one person relating to complaints, disciplinary proceedings or student support
Standard 28, 29, 29A or 29B
PART 3
INTERPRETING THE STANDARDS
29 The standards specified in Part 1 of this Schedule must be interpreted as follows. 30
The standards only apply to the extent that a body —
delivers services to a person, or
deals with any other person in connection with delivering services—
to that other person, or
to a third person.
31
The standards only apply to the extent that the activity undertaken or the service provided relates to —
the admission and selection of students;
information provided to students and prospective students about the body;
the welfare of students;
complaints;
disciplinary proceedings in respect of a student;
careers service;
student intranet, virtual learning sites and learning portal sites;
graduation and award ceremonies;
the assessment or examination of a student;
the awarding of grants and the provision of financial assistance;
public lectures;
learning opportunities ;
allocation of a personal tutor ;
student accommodation, libraries and arts centres;
calls to a main telephone number (or numbers), helpline numbers, call centre numbers and automated telephone systems;
signs on the body’s buildings.
32 A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement. 33
For the purposes of the standards —
a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard);
a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard).
34
1
A body is not required to translate into Welsh any text that it has not produced (“text A”).
2
A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3).
3
A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with —
a
its Welsh Language Scheme;
b
a duty to comply with standards;
c
Standing Orders of the Assembly;
ch
section 35(1C) of the 2006 Act; or
d
the Assembly Commission’s Official Languages Scheme.
4
In this paragraph—
a
“Welsh Language Scheme” means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 1993 ;
b
“a duty to comply with standards” means a duty to comply with a standard under section 25 of the Welsh Language (Wales) Measure 2011;
c
“the 2006 Act” means the Government of Wales Act 2006 ;
ch
“Standing Orders of the Assembly” means standing orders made under section 31 of the 2006 Act;
d
“the Assembly Commission’s Official Languages Scheme” means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act.
35 A body is not required to comply with these standards in relation to material published in journals or books. 36 For the purposes of standards 2, 3 and 21, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard. 37 For the purposes of standards 18 to 20 (telephone calls) “department” means a department that deals wholly or mainly with the matters listed in paragraph 31(a) to (l). 38 In standard 22 an “automated” telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different keys in order to choose different options. 39 For the purposes of standards 25 to 26B and 28 to 29B (meetings relating to student support) providing ‘student support’ means providing counselling or support in relation to mental health issues. 40 Standards 23 to 29B (meetings) do not apply to medical examinations. 41 For the purposes of standards 30 to 34 (public meetings) “cohort” means a group of students sharing one or more statistical or demographic features (for example, students born in a particular year, all students or all third year students studying geography). 42
Standard 36 (public events) does not apply to—
performances of music;
artistic or dramatic productions;
seminars or oral presentations relating to the performance or production;
any recording of the performance, production, seminar or oral presentation.
43 Standards 36 and 91 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill. 44 Standards 30 to 34 (public meetings) and 35 and 36 (public events) do not apply to public lectures or graduation ceremonies (see standards 40 to 42). 45 Standards 38 and 39 (displaying material) do not apply to graduation ceremonies (see standards 41 to 42). 46
Where a standard refers to material that is to be produced in Welsh (with the exception of standards 41 (graduation ceremonies), 55 to 61 (websites and apps), 62 and 63 (social media), 80 (invitations to tender) and 90 (submitting written work in Welsh)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
the visual presentation of material (for example in relation to the colour or font of any text);
the size of the material;
the position and prominence of the material in any public place;
when and how the material is published, provided or exhibited;
the publication format of material.
47
For the purposes of standard 41 (graduation and award ceremonies), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
the visual presentation of material (for example in relation to the colour or font of any text);
the size of the material;
the position and prominence of the material in any public place;
when and how the material is published, provided or exhibited;
the publication format of material
but a body will not be treating the Welsh language less favourably than the English language by providing the information in written or electronic format in Welsh when the information is provided orally in English.
48 For the purposes of standards 43, 44, 47, 50 and 53 references to documents or other materials being available to the public or to students or to being produced for public use or for students use do not include documents or materials that are only available to the public or to students by virtue of the Freedom of Information Act 2000 . 49
1
Standards 53, 53A and 53B do not apply to the forms listed in sub-paragraph (3).
2
For the purposes of standard 2, a body is not required to send a Welsh language version of the forms listed in sub-paragraph (3).
3
The forms are —
a
forms used by a body to recruit employees (see standards 146A, 147 and 148 in relation to recruitment);
b
forms used when applying for grant or financial assistance from a body (see standards 75 to 79 in relation to applications for grants and financial assistance);
c
forms used when submitting a tender to enter into a contract with a body (see standards 80 to 84 in relation to tendering for a contract).
50 Standards 43, 48, 50, 51 and 52 do not apply to an enactment made by a body or to a draft enactment prepared by a body. 51 Standards 43, 46, 47 and 50 do not apply to any advertising material contained in a document, brochure, leaflet, pamphlet or card. 52
Standards 55 to 59 (websites) do not apply to —
documents to which a link is provided on a website, advertising material on a website, or to video and audio clips on a website (see standards 43 to 52 for specific provision in relation to documents, and standard 37 in relation to advertising material produced by a body);
information presented by persons (other than the body) on an interactive page published on a body’s website (for example on a section for comments or on a discussion forum).
53 For the purposes of standards 55 to 59 (websites) “website” includes student intranet, virtual learning sites and learning portal sites. 54
1
For the purposes of standard 61 an ‘app’ is a software application designed to undertake a specific task on an electronic device.
2
Standard 61 does not apply to any advertising material on an app (see standard 37 in relation to advertising material produced by a body).
55
For the purposes of standards 55 to 60 (websites), standard 61 (apps) and standards 62 and 63 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —
the visual presentation of the material (for example in relation to the colour, size, font and format of any text), or
when material is published on the website, app or social media;
but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching.
56
1
Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 62 and 63 in relation to social media).
2
Standards 55 to 59 (websites) and standard 61 (apps) do not apply to social media (see standards 62 and 63 in relation to social media).
57
Standards 62 and 63 (social media) do not apply to —
documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 43 to 52 for specific provision in relation to documents, and standard 37 in relation to advertising material produced by a body);
information presented by persons (other than the body) on a body’s social media account (for example on a section for comments).
58 For the purposes of standard 64 (self service machines) reference to treating the Welsh language no less favourably than the English language includes, amongst other matters, treating the Welsh language no less favourably as regards the visual presentation of the material (for example in relation to the colour, size, font and format of any text), but it does not mean that Welsh language material must appear on screen at the same time as English language material. 59
For the purposes of standards 68 to 72 (receiving visitors) —
“reception” means an area in a body’s offices and service locations where staff are made available for the purpose of welcoming persons;
“reception service” means a service for welcoming persons to the body’s offices or service locations by staff who are made available for that purpose;
“service locations” include libraries, leisure centres, arts centres, advice centres and drop in centres.
60 For the purposes of standards 7, 73 and 74 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment. 61
For the purposes of standard 80 (invitation to tender) —
1
A body is not required to publish an invitation to tender in Welsh in the Official Journal of the European Union.
2
A reference to treating a Welsh language version no less favourably than an English language version includes, amongst other matters, treating the Welsh language no less favourably as regards—
a
the visual presentation of material (for example in relation to the colour or font of any text);
b
the size of the material;
c
the position and prominence of the material in any public place;
ch
when and how the material is published, provided or exhibited;
d
the publication format of material;
but a body will not be treating the Welsh language less favourably than the English language by not publishing an invitation to tender in Welsh in the Official Journal of the European Union.
62
1
For the purposes of standard 87, the reference to a body forming or presenting its “corporate identity” includes, amongst other things, the way a body presents itself by means of visual statements, the name or names used by a body, and a body’s branding and slogans (for example, branding and slogans printed on its stationery).
2
Standard 87 does not apply to the extent that an enactment requires a body to use a legal name.
63
For the purposes of standards 88 and 89 (learning opportunities) and paragraph 31, “learning opportunities” means any seminar, training, workshop, taster session, or similar provision which is provided in order to educate or to improve the skills of members of the public; but does not include—
any seminar, training, workshop, taster session or similar provision provided as part of a course; or
seminars or oral presentations relating to a performance or production.
64 Standards 90 and 90A (submitting written work in Welsh) do not apply when the body is assessing the proficiency of a student in a language other than Welsh. 65
For the purposes of standard 90 and 90A (submitting written work in Welsh) a reference to treating the Welsh language no less favourably than the English language includes, among other matters, the timescale for informing persons of the outcome of the assessment or examination; but a body will not be treating the Welsh language less favourably than the English language—
by obtaining a translation of that work in order for it to be assessed, or
by not translating any comments on that translated work.
66
For the purposes of standard 93 (allocation of a personal tutor) and paragraph 31—
a “personal tutor” is a member of staff allocated to a student (“A”) whose main role as a personal tutor is to support A in A’s learning or with other matters;
the allocation of a personal tutor to A does not include providing A with an academic tutor;
an “academic tutor” is a member of staff provided to A whose role as an academic tutor is to–
deliver a lecture or course, or
facilitate tutorials, workshops or practical support to the programme of learning.
67
For the purposes of the standards “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—
an Act of Parliament; or
a Measure or an Act of the National Assembly for Wales.
SCHEDULE 2
Policy making Standards
Regulation 2(2)
PART 1
THE STANDARDS
1
Standards relating to considering the effects of a body’s policy decisions on the Welsh language
Standard
The text continues in the official source.
