Search Legislation

Welsh Language (Wales) Measure 2011

Status:

This is the original version (as it was originally enacted).

Consultation

85Consultation before final determination etc

(1)This section applies if the Commissioner undertakes an investigation under section 71.

(2)Before finally determining whether or not D has failed to comply with the relevant requirement, the Commissioner must give each interested person notice of the determination which the Commissioner is proposing to make.

(3)Before finally deciding what, if any, further action to take, the Commissioner must give each interested person—

(a)notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner’s reasons for proposing to do so;

(b)if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner’s reasons for proposing to take that action; and

(c)copies of the draft of the decision notice which the Commissioner is proposing to give.

(4)Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.

(5)The Commissioner must—

(a)give D an opportunity to make representations about the proposals referred to in subsections (2), (3) and (4), and

(b)give any other interested person an opportunity to make representations about the proposals referred to in subsections (2) and (4).

(6)The Commissioner must have due regard to any representations made by D or any other interested person before the Commissioner does any thing to which the representations relate.

(7)The Commissioner is to determine the period within which a person may make representations in accordance with subsection (5); but the period must not be less than 28 days.

86Consultation before final determination following an appeal

(1)This section applies if the Commissioner is directed, following an appeal under section 99 or 101, or following any further appeal, to determine under section 73 that D has failed to comply with a standard (the “new determination”).

(2)Before finally deciding what, if any further action to take based upon the new determination, the Commissioner must give each interested person—

(a)notice of whether or not the Commissioner is proposing to take further action, and a statement of the Commissioner’s reasons for proposing to do so;

(b)if the Commissioner is proposing to take further action, notice of that proposed action, and a statement of the Commissioner’s reasons for proposing to take that action; and

(c)copies of the draft of the decision notice which the Commissioner is proposing to give.

(3)Before settling the investigation report, the Commissioner must give each interested person a draft of the proposed report.

(4)The Commissioner must—

(a)give D an opportunity to make representations about the proposals referred to in subsections (2) and (3), and

(b)give any other interested person an opportunity to make representations about the proposals referred to in subsection (3).

(5)The Commissioner must have due regard to any representations made by D or any other interested person under subsection (4).

(6)The Commissioner is to determine the period within which a person may make representations in accordance with subsection (4); but the period must not be less than 28 days.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Measure as a PDF

The Whole Measure you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources