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The Welsh Language Standards (No. 7) Regulations 2018

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PART 3INTERPRETING THE STANDARDS

23The standards specified in Part 1 of this Schedule must be interpreted as follows.
24

The standards only apply to the extent that a body—

(a) delivers services to a person, or

(b) deals with any other person in connection with delivering services—

(i) to that other person, or

(ii) to a third person.

25The standards do not apply to the extent that the activity carried out or the service provided relates to research.
26A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement.
27

For the purposes of the standards—

(a) a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard);

(b) a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard).

28

(1) A body is not required to translate into Welsh any text that it has not produced (“text A”).

(2) A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3).

(3) A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with—

(a) its Welsh Language Scheme;

(b) a duty to comply with standards;

(c) Standing Orders of the Assembly;

(ch) section 35(1C) of the 2006 Act; or

(d) the Assembly Commission’s Official Languages Scheme.

(4) In this paragraph—

(a) “Welsh Language Scheme” means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 1993(1);

(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(2);

(ch) “Standing Orders of the Assembly” means standing orders made under section 31 of the 2006 Act;

(d) “the Assembly Commission’s Official Languages Scheme” means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act.

29

(1) If—

(a)the conditions in paragraphs (i) to (iii) are met, or

(b)the condition in sub-paragraph (2) is met,

a person or body listed in Schedule 1 to the Civil Contingencies Act 2004(3) (“the 2004 Act”) is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that an emergency has occurred, is occurring or is about to occur;

(ii)the second condition is that the activity being carried out or the service being provided by the person or body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency; and

(iii)the third condition is that the need for the activity or the service referred to in paragraph (ii) is urgent.

(2) The condition is that the person or body is undertaking an emergency drill.

(3) In this paragraph, “emergency” has the same meaning given to it in section 1 of the 2004 Act subject to sub-paragraph (4).

(4) If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(ii) is to be read as “the simulated emergency situation”.

30

(1) Where the emergency is not an emergency within the meaning of paragraph 29, and—

(a)the conditions in paragraphs (i) to (iii) are met, or

(b)the condition in sub-paragraph (2) is met,

a body is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that an emergency has occurred, is occurring or is about to occur;

(ii)the second condition is that the activity being carried out or the service being provided by the body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency; and

(iii)the third condition is that the need for the activity or the service referred to in paragraph (ii) is urgent and it is occurring outside of a hospital building.

(2) The condition is that the body is undertaking an emergency drill.

(3) If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(ii) is to be read as “the simulated emergency”.

31

(1) Where a body is responding to the notification of a suspected disease, infection, causative agent or contamination within the meaning of the Public Health (Control of Diseases) Act 1984(4)(“the 1984 Act”) or any regulations made under the 1984 Act, and—

(a)the conditions in paragraphs (i) and (ii) are met, or

(b)the condition in sub-paragraph (2) is met,

a body is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (ii)—

(i)the first condition is that a proper officer (within the meaning of the 1984 Act) determines that the case is urgent; and

(ii)the second condition is that the activity being carried out or the service being provided by the body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of a disease, infection, contamination or the causative agent.

(2) The condition is that the body is undertaking a drill.

(3) If the condition in sub-paragraph (2) is met, then the reference to “a disease, infection, contamination or causative agent” in sub-paragraph (1)(ii) is to be read as “the simulated disease, infection, contamination or causative agent”.

32For the purposes of standards 2, 3 and 19, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard.
33Standards 1 to 5 do not apply to correspondence which contains the report of a clinical consultation (including, for example, test results).
34Standards 4 and 5 do not apply to correspondence between a body and a person (who is not an individual) about one or more individuals.
35

Standards 8 to 10 and 13 to 16 do not apply to calls made to the following telephone numbers—

(a)

999;

(b)

112.

36Standard 19 does not apply to the extent that the activity carried out or the service provided relates to a primary care service.
37In standard 20 an “automated” telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different keys in order to choose different options.
38

(1) The standards in sub-paragraph (2) do not apply to a meeting between the body and one or more persons to discuss the assessment, diagnosis or treatment of one or more named individuals and none of those individuals are present at that meeting.

(2) The standards referred to in sub-paragraph (1) are—

(a)standards 8 to 20 (telephone calls);

(b)standards 21 to 22CH (meetings);

(c)standards 26 to 30 (meetings open to the public);

(ch)standard 32 (public events);

(d)standards 39 to 44 (websites and online services);

(dd)standards 45 and 46 (social media).

39

(1) The standards in sub-paragraph (2) do not apply to a clinical consultation or a case conference (see standards 23 to 24 for in-patients and standard 25 for case conferences).

(2) The standards referred to in sub-paragraph (1) are—

(a)standards 8 to 20 (telephone calls);

(b)standards 21 to 22CH (meetings);

(c)standards 26 to 30 (meetings open to the public);

(ch)standard 32 (public events);

(d)standards 39 to 44 (websites and online services);

(dd)standards 45 and 46 (social media).

40

In standard 25—

(a)

a “working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 1971 or other public holiday;

(b)

a “working day” does not include the day on which the invitation was sent.

41

Standard 32 does not apply to—

(a)

performances of music;

(b)

artistic or dramatic productions;

(c)

seminars or oral presentations relating to the performance or production; or

(ch)

any recording of the performance, production, seminar or oral presentation.

42Standards 32 and 64 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill.
43

Where a standard refers to material that is to be produced in Welsh (with the exception of standards 39 to 44 (websites and apps), 45 and 46 (social media) and 57 (invitations to tender)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—

(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; or

(d)

the publication format of the material.

44

For the purposes of standard 37 references to documents or other materials being available to one or more individuals do not include documents or materials that are only available to individuals by virtue of the Freedom of Information Act 2000(5).

45

(1) Standards 36 and 38 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 107A and 108 in relation to recruitment);

(b)forms used when applying for grant assistance from a body (see standards 54 to 56 in relation to applications for grants); and

(c)forms used when submitting a tender to enter into a contract with a body (see standards 57 to 59 in relation to tendering for a contract).

46

Standards 36 to 38 do not apply—

(a)

to an enactment made by a body or to a draft enactment prepared by a body;

(b)

to any advertising material contained in a document;

(c)

to rules specified in an enactment or in a draft enactment prepared by a body; or

(ch)

when a form or document produced by the body provides information in relation to a named individual.

47

Standards 39 to 43 (websites) do not apply to—

(a)

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 36 to 38 for specific provision in relation to documents, and standard 33 in relation to advertising material produced by a body);

(b)

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); or

(c)

a webpage which contains the report of a clinical consultation (including, for example, test results).

48

(1) For the purpose of standard 44 an ‘app’ is a software application designed to undertake a specific task on an electronic device.

(2) Standard 44 does not apply to any advertising material on an app (see standard 33 in relation to advertising material produced by a body).

49

For the purpose of standards 39 to 41 (websites), 44 (apps) and 45 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—

(a)

the visual presentation of the material (for example in relation to the colour, size, font and format of any text), or

(b)

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.

50

(1) Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 45 and 46 in relation to social media).

(2) Standards 39 to 44 (websites and apps) do not apply to social media (see standards 45 and 46 in relation to social media).

51

Standards 45 and 46 (social media) do not apply to—

(a)

documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 36 to 38 for specific provision in relation to documents, and standard 33 in relation to advertising material produced by a body);

(b)

information presented by persons (other than the body) on a body’s social media account (for example on a section for comments); or

(c)

information sent by social media which contains the report of a clinical consultation (including, for example, test results).

52

For the purposes of standards 50 to 53 (receiving visitors)—

(a)“reception” means an area in a body’s hospitals, offices and service locations where staff’s main role is to welcome persons; and

(b)“reception service” means a service for welcoming persons to the body’s hospitals, offices or service locations by staff whose main role is for that purpose.

53For the purposes of standards 7 and 47 to 49 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment.
54

For the purposes of standard 57 (invitation to tender)—

(a)

a body is not required to publish an invitation to tender in Welsh in the Official Journal of the European Union;

(b)

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—

(i)

the visual presentation of material (for example in relation to the colour or font of any text);

(ii)

the size of the material;

(iii)

the position and prominence of the material in any public place;

(iv)

when and how the material is published, provided or exhibited; or

(v)

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.

55

(1) For the purposes of standard 62, 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 62 does not apply to the extent that an enactment requires a body to use a legal name.

56

For the purposes of standard 63 (courses), an “education course” means any seminar, training, workshop or similar provision which is provided in order to educate or to improve the skills of individuals; but does not include—

(a)

an education course that prepares a participant for a qualification or an exam;

(b)

an education course where the majority of participants are undertaking the course as part of their professional development;

(c)

an education course where the majority of participants will be members of staff; or

(ch)

an education course for which a fee is paid.

57

For the purposes of the standards “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

(a)

an Act of Parliament; or

(b)

a Measure or an Act of the National Assembly for Wales.

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