Welsh Language and Education (Wales) Act 2025

2025 asc 2

An Act of Senedd Cymru to promote and facilitate use of the Welsh language, including by setting a target to increase the number of speakers to at least 1 million by 2050, by setting common reference levels for describing ability, by providing for a national framework and local strategic plans for improving Welsh language education, by introducing a system of categorisation of the Welsh language education provided by schools, by setting Welsh language learning goals for schools to pursue through Welsh language education delivery plans, and by establishing a National Institute for Learning Welsh as a statutory body to support lifelong learning of Welsh.

[7 July 2025]

Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:

PART 1 E+W PROMOTION AND FACILITATION OF USE OF THE WELSH LANGUAGE

1 Welsh language strategy targets: at least a million Welsh speakers and increase in use E+W

(1) The strategy on promoting and facilitating the use of Welsh adopted by the Welsh Ministers in accordance with section 78 of the Government of Wales Act 2006 (c. 32) (“the Welsh language strategy”) must—

(a) include the target to increase the number of Welsh speakers in Wales to at least 1 million by 2050;

(b) set targets for increasing the use of Welsh in Wales, including—

(i) use in the workplace;

(ii) social use;

(c) set targets‍ for teaching Welsh and education through the medium of Welsh, including in relation to—

(i) increasing the number of pupils of compulsory school age receiving education in “Primarily Welsh Language” category schools;

(ii) increasing the number of “Primarily Welsh Language” category schools;

(iii) increasing the amount of Welsh language education provided in “Dual Language” and “Primarily English language, partly Welsh” category schools;

(d) set targets for increasing the number of people learning Welsh;

(e) include the steps Welsh Ministers intend to take to encourage passing on the Welsh language—

(i) at home,

(ii) intergenerationally, and

(iii) in the community;

(f) include the steps the Welsh Ministers intend to take to encourage an increase in digital use of the Welsh language;

(g) set criteria to measure the progress necessary to meet the targets.

(2) The Welsh Ministers may, by regulations, amend sub-section (1)(c) to amend the targets required to be set by the strategy, to include further targets or to remove them.

(3) In setting out their proposals for promoting the Welsh language and facilitating its use in the Welsh language strategy in accordance with section 78 of the Government of Wales Act 2006, the Welsh Ministers must take account of the targets referred to in subsection (1)(a) to‍ (d).

(4) The plan published by the Welsh Ministers in accordance with section 78(9) of the Government of Wales Act 2006 must include a description of the steps the Welsh Ministers intend to take in order to contribute to meeting the targets referred to in subsection (1)(a) and (b) (and see Part 4 in respect of the targets referred to in subsection (1)(c) and (d)).

(5) In section 78 of the Government of Wales Act 2006—

(a) in subsection (1), instead of “(“the Welsh language strategy”)”, insert “to be known as “the Welsh language strategy” or “strategaeth y Gymraeg””;

(b) after subsection (1), insert—

“(1A) See Part 1 of the Welsh Language and Education (Wales) Act 2025 (asc []) (referred to in Welsh as Deddf y Gymraeg ac Addysg (Cymru) 2025 (dsc [])) for further requirements relating to the Welsh language strategy.”;

(c) in subsection (5), for “consult such” substitute “consult the Welsh Language Commissioner and such other”;

(d) after subsection (10) insert—

“(11) In subsection (5), the reference to the “Welsh Language Commissioner means the commissioner appointed under section 2 of the Welsh Language (Wales) Measure 2011 (nawm 1) (referred to in Welsh as Mesur y Gymraeg (Cymru) 2011 (mccc 1)).”

(6) In this‍ Part—

(a) “Welsh language education” means—

(i) teaching Welsh, and

(ii) education and training through the medium of Welsh,

in a maintained school, during school sessions, to pupils of compulsory school age;

(b) references to “Primarily Welsh Language”, “Dual Language” and “Primarily English Language, partly Welsh” school categories are to be read in accordance with Part 3.

Commencement Information

I1 S. 1(1)(a) in force at 8.7.2025, see s. 56(1)(b)

I2 S. 1(4) in force at 8.7.2025 for specified purposes, see s. 56(1)(c)

I3 S. 1(5) in force at 7.9.2025, see s. 56(2)

Prospective

2 Reporting on targets in the Welsh language strategy E+W

(1) At least once every 5 years, the Welsh Ministers must include in the report published under section 78(8) of the Government of Wales Act 2006, analysis of the situation of the Welsh language in Wales including—

(a) an assessment of the number, and‍ a calculation of the percentage of Welsh speakers in the area of each local authority, including by reference to their age;

(b) an assessment of the number of pupils of compulsory school age in each local authority area receiving education in “Primarily Welsh Language” category schools, and a calculation of that number as a percentage of pupils of compulsory school age receiving education in maintained schools in the area;

(c) in relation to community special schools—

(i) an assessment of the number of pupils of compulsory school age in each local authority area receiving education in community special schools providing an amount of Welsh language education corresponding to the amount of Welsh language education provided by “Primarily Welsh Language” category schools, and

(ii) a calculation of that number as a percentage of pupils of compulsory school age receiving education in community special schools in the are‍a;

(d) an assessment of the use of Welsh in Wales;

(e) an assessment of the likelihood that the targets referred to in section 1(1)(a) to‍ (d) will be met by reference to the criteria set by the strategy;

(f) information on the change, during the period since the previous assessment, in the number and percentage of Welsh speakers in the area of each local authority.

(2) If the Welsh Ministers conclude that a target is unlikely to be met, the Welsh Ministers must lay before Senedd Cymru, and publish, a statement.

(3) The statement must be laid and published before the end of the 6-month period starting with the date the report that includes the analysis referred to in subsection (1) is laid before Senedd Cymru (under section 78(8) of the Government of Wales Act 2006).

(4) The statement must—

(a) explain why the target is unlikely to be met, and

(b) set out the further steps the Welsh Ministers have taken, or the steps they intend to take, to meet the target.

Commencement Information

I4 S. 2 not in force at Royal Assent, see s. 56(4)(5)

Prospective

3 Calculating the number of Welsh speakers E+W

(1) For the purposes of sections 1 and 2, the number of Welsh speakers is to be calculated on the basis of data specified by the Welsh Ministers by regulations, but in calculating the number of speakers any relevant data derived from a census conducted in accordance with the Census Act 1920 (c. 41) must be taken into account.

(2) For the purposes of sections 1 and 2, whether a person is a Welsh speaker is to be decided—

(a) in the case of persons aged‍ 17 and over, on the basis of self-assessment;

(b) in the case of children under the age o‍f 17, on the basis of self-assessment, or the assessment of the child’s parent or carer.

(3) In the case of children under the age of 17, the Welsh Ministers may by regulations—

(a) specify a method of deciding whether a person is a Welsh speaker for the purposes of section 1 and 2, and

(b) specify whether that method is to be used in addition to, or instead of, the assessments referred to in subsection (2)(b).

(4) The Welsh Ministers must prepare and publish guidance on assessments under subsection (2)(a) and (b).

(5) In preparing guidance under subsection (4), the Welsh Ministers must have regard to the Code prepared under section 6.

(6) The Welsh Ministers must take all reasonable steps to ensure that the guidance published under subsection (4) is taken into account—

(a) when the data referred to in subsection (1) is collected, and

(b) when the assessments referred to in subsection (2)(a) and (b) are completed.

Commencement Information

I5 S. 3 not in force at Royal Assent, see s. 56(4)(5)

Prospective

4 Reviewing the Welsh language standards E+W

(1) The Welsh Ministers must review the standards specified under section 26 of the Welsh Language (Wales) Measure 2011 (nawm 1) with a view to determining whether amendments are necessary to—

(a) any of the standards relating to improving or assessing workforce Welsh language skills to—

(i) facilitate meeting a target set under this Part, or

(ii) reflect the Code prepared by the Welsh Ministers on describing Welsh language ability under section 6;

(b) any of the Welsh language promotion standards to facilitate meeting a target set under this Part.

(2) The Welsh Ministers must—

(a) consult the Welsh Language Commissioner as part of the review in subsection (1);

(b) complete the review within the 12-month period starting with the day following publication of the Code under section 7 for the first time.

Commencement Information

I6 S. 4 not in force at Royal Assent, see s. 56(4)(5)

PART 2 E+W DESCRIBING WELSH LANGUAGE ABILITY

5 Types of Welsh language user and common reference levels E+W

(1) In accordance with the Common European Framework of Reference for Languages, the Table in Schedule 1 specifies—

(a) types of Welsh language user (namely a basic Welsh language user, an independent Welsh language user, and a proficient Welsh language user), and

(b) common reference levels for describing the ability of those types of Welsh language user, and a description of the general characteristics of each level.

(2) The Welsh Ministers may, by regulations, amend the Table in Schedule 1.

(3) But the Welsh Ministers may not exercise the power in subsection (2) unless this is necessary in response to a change made to the Common European Framework of Reference for Languages.

(4) In this Part, the “Common European Framework of Reference for Languages” means the framework published by the Council of Europe, as revised from time to time, contained in the document “Common European Framework of Reference for Languages: Learning, teaching, assessment (2001)”, and further described or updated—

(a) in the document “Council of Europe (2020), Common European Framework of Reference for Languages: Learning, teaching, assessment – Companion volume”, or

(b) in any similar document published by the Council of Europe.

Commencement Information

I7 S. 5 in force at 7.9.2025, see s. 56(2)

Prospective

6 Code to describe Welsh language ability E+W

(1) The Welsh Ministers must prepare a Code on describing ability in Welsh that is based on the Common European Framework of Reference for Languages.

(2) The Code must—

(a) explain how to use the common reference levels set out in the Table in Schedule 1, and

(b) describe the specific characteristics, such as understanding oral or written language or the ability to interact orally, of each common reference level.

(3) The Code may also include anything else related to describing ability in Welsh.

Commencement Information

I8 S. 6 not in force at Royal Assent, see s. 56(4)(5)

Prospective

7 Publishing and reviewing the Code E+W

(1) The Welsh Ministers must—

(a) publish the Code in force for the time being;

(b) review the Code from time to time, and may amend it as appropriate.

(2) Before publishing the Code, or the Code as amended from time to time, the Welsh Ministers must consult any persons they think appropriate.

Commencement Information

I9 S. 7 not in force at Royal Assent, see s. 56(4)(5)

Prospective

PART 3 E+W WELSH LANGUAGE EDUCATION

Introduction E+W

8 Overview and interpretation E+W

(1) This Part—

(a) makes provision about designating a language category to each school (see sections 9 to 13), and, accordingly, about—

(i) the amount of Welsh language education to be provided in the school, and

(ii) the school’s Welsh language learning goal;

(b) requires each school to have a Welsh language education delivery plan (see sections 14 to 19) that sets out (among other things) how the school intends to meet its Welsh language learning goal;

(c) requires each local authority to maintain and publish a register of the language category of each school in its area (see section 22);

(d) requires each local authority to promote late immersion education in Welsh (see section 23).

(2) For the purposes of this Part—

(a) “Welsh language education” means—

(i) teaching Welsh, and

(ii) education and training through the medium of Welsh,

in a school, during school sessions, to pupils of compulsory school age;

(b) “Welsh language nursery education” means—

(i) teaching Welsh, and

(ii) education through the medium of Welsh

in a school or maintained nursery school, during school sessions, to pupils under compulsory school age;

(c) references to a “school” mean a maintained school that has pupils of compulsory school age.

Commencement Information

I10 S. 8 not in force at Royal Assent, see s. 56(4)(5)

Language categories of schools E+W

9 School language categories E+W

(1) Each school is designated a language category, in accordance with this Part, that determines—

(a) in accordance with section 10, the minimum amount of Welsh language education provided in the school, and

(b) the school’s Welsh language learning goal (see section 11).

(2) The language categories are—

(a) the “Primarily Welsh Language” category;

(b) the “Dual Language” category;

(c) the “Primarily English Language, partly Welsh” category.

(3) A school may be designated more than one language category, and the Welsh Ministers may, by regulations, make provision in relation to such a school, including provision that applies this Part with modifications.

(4) Subsection (1) does not apply to a community special school (but see section 20).

Commencement Information

I11 S. 9 not in force at Royal Assent, see s. 56(4)(5)

10 Minimum amount of provision of Welsh language education for each language category‍ E+W

(1) Subsection (2) specifies the minimum amount of Welsh language education for each language category, as a percentage of the education and training provided over a school year during school sessions for pupils of compulsory school age.

(2) The minimum amount is—

(a) 80% for the “Primarily Welsh Language” category;

(b) 50% for the “Dual Language” category;

(c) 10% for the “Primarily English Language, partly Welsh” category.

(3) The Welsh Ministers may, by regulations, amend subsection (2) to change the minimum amount for any language category, but the minimum amount must not be less than 80% for the “Primarily Welsh Language” category, 50% for the “Dual Language” category, and 10% for the “Primarily English Language, partly Welsh” category.

(4) The Welsh Ministers must decide whether to exercise the power to make regulations under subsection (3) in relation to the “Primarily English Language, partly Welsh” category within the period of 5 years beginning with the day after the day on which this section comes into force, and after that, within each period of 5 years following their most recent decision.

(5) In deciding whether to exercise the power to make regulations under subsection (3), the Welsh Ministers must consider the likely effect of the minimum amounts on achieving the targets set by the Welsh language strategy in accordance with section 1.

(6) The governing body of a school must ensure that the school provides at least the minimum amount of Welsh language education for the language category designated for the school in each of the school years for which a Welsh language education delivery plan is to have effect (see sections 14(3) and 15(5)).‍

Commencement Information

I12 S. 10 not in force at Royal Assent, see s. 56(4)(5)

11 Welsh language learning goals for each language category E+W

(1) The Welsh language learning goal for “Primarily Welsh Language‍” category schools is that pupils, by the time they cease to be of compulsory school age, are proficient Welsh language users (that is, they reach the C1 or C2 common reference level), at least.

(2) The Welsh language learning goal for “Dual Language” category schools is that pupils, by the time they cease to be of compulsory school age—

(a) are independent Welsh language users (that is, they reach the B1 or B2 common reference level) at least, as an initial goal;

(b) after that, in relation to a year group in a school year specified by the Welsh Ministers in regulations, and subsequent year groups—

(i) are independent Welsh language users (that is, they reach the B1 or B2 common reference level) at least, and

(ii) reach at least the B2 common reference level for oral interaction.

(3) The Welsh language learning goal for “Primarily English language, partly Welsh” category schools is that pupils, by the time they cease to be of compulsory school age—

(a) are basic Welsh language users (that is, they reach the A1 or A2 common reference level) at least, as an initial goal;

(b) after that, in relation to a year group in a school year specified by the Welsh Ministers in regulations, and subsequent year groups until the goal in paragraph (c) applies, are independent Welsh language users (that is, they reach the B1 or B2 common reference level) at least;

(c) after that, in relation to a year group in a school year specified by the Welsh Ministers in regulations, and subsequent year groups—

(i) are independent Welsh language users (that is, they reach the B1 or B2 common reference level) at least, and

(ii) reach at least the B2 common reference level for oral interaction.

(4) In relation to the Welsh language goals for a primary school, it is assumed that the pupils of the school continue with education in schools of the same language category until they cease to be of compulsory school age.

(5) When considering the school years and the year groups to be specified in regulations under this section, the Welsh Ministers must have regard to the likely effect of the learning goals on achieving the targets set by the Welsh language strategy in accordance with section 1.

(6) In this section—

• “B2 common reference level for oral interaction” (“lefel cyfeirio gyffredin B2 o ran rhyngweithio llafar”)” has the meaning given—

  (i)

  in the Table in Schedule 1, by the second sentence in the “General characteristics” column for the B2 common reference level, to the extent that this applies to oral interaction, and

  (ii)

  by any further provision about that common reference level, and oral interaction, in the Code prepared under section 6;

• “year group”(“grŵp blwyddyn”) means a group of pupils at a school the majority of whom will, in a particular school year, attain the same age.

Commencement Information

I13 S. 11 not in force at Royal Assent, see s. 56(4)(5)

12 Assessing progress towards meeting Welsh language learning goals E+W

(1) Assessment arrangements made by the Welsh Ministers by regulations under section 56 of the Curriculum and Assessment (Wales) Act 2021 (asc 4) may make provision for the purpose of ensuring progress of pupils towards achieving a school’s Welsh language learning goal.

(2) For this purpose, the assessment arrangements may (among other matters)—

(a) refer to a type of Welsh language user or a common reference level set out in the Table in Schedule 1;

(b) refer to the Code prepared under section 6;

(c) make different provision in relation to pupils attending a “Primarily English Language, partly Welsh” category school that has a temporary exemption from the requirement to provide the minimum amount of Welsh language education under section 18 or 19.

(3) In section 7 (progression code) of the Curriculum and Assessment (Wales) Act 2021 (asc 4), after subsection (1) insert—

“(1A) In preparing the Progression Code under subsection (1), and keeping it under review under subsection (4), the Welsh Ministers must have regard to the Welsh language learning goals set by section 11 of the Welsh Language and Education (Wales) Act 2025 (asc [ ]).”

Commencement Information

I14 S. 12 not in force at Royal Assent, see s. 56(4)(5)

13 Regulations on school language categories E+W

The Welsh Ministers may, by regulations, make further provision about the school language categories.‍

Commencement Information

I15 S. 13 not in force at Royal Assent, see s. 56(4)(5)

Welsh language education delivery plans E+W

14 School Welsh language education delivery plans E+W

(1) A school’s governing body must prepare a delivery plan in relation to the Welsh language (a “Welsh language education delivery plan”) that—

(a) sets out a language category for the school (taking into account the amount of Welsh language education provided by the school at the time);

(b) sets out the amount of Welsh language education provided by the school at the time the delivery plan is being prepared;

(c) explains how the governing body will ensure that the school fulfils the duty under section 10(6) (providing the amount of Welsh language education specified for the school’s language category);

(d) sets out the steps the governing body will take to promote late immersion education in accordance with section 23(3);

(e) sets out the governing body’s proposals—

(i) on the amount of Welsh language education it intends to provide in the school during the period for which the delivery plan has effect, and

(ii) for maintaining that amount of Welsh language education, and increasing the amount where this is reasonably practicable;

(f) sets out, if the school provides education to pupils under compulsory school age—

(i) the amount of Welsh language nursery education provided at the time the delivery plan is being prepared;

(ii) the governing body’s proposals on the amount of Welsh language nursery education it intends to provide during the period for which the delivery plan has effect;

(iii) the governing body’s proposals for maintaining that amount of Welsh language nursery education, and increasing the amount where this is reasonably practicable;

(g) sets out the governing body’s proposals, for the purpose of meeting the school’s Welsh language learning goal, on how it will—

(i) promote a Welsh language ethos and culture within the school;

(ii) promote use of the Welsh language within the school;

(iii) facilitate continuous improvement in the school’s Welsh language education;

(h) sets out, if the school is a “Primarily Welsh Language” or “Dual Language” category school, the governing body’s proposals on how it will assist parents who are not confident Welsh speakers—

(i) to support their children’s learning;

(ii) to support their children’s contribution to the school’s Welsh language ethos and culture;

(i) if it intends to increase the amount of Welsh language education provided with a view to changing the school’s language category (see section 17), sets out the governing body’s proposals on how it will prepare for the change.

(2) In preparing the Welsh language education delivery plan, the school’s governing body must—

(a) have regard to the local Welsh in education strategic plan of the local authority that maintains the school (see section 30);

(b) consult the following—

(i) the head teacher of the school (if that person is not a member of the governing body);

(ii) registered pupils of the school;

(iii) parents of registered pupils;

(iv) the staff of the school;

(v) the local authority that maintains the school;

(vi) any other persons specified by the Welsh Ministers in regulations.

(3) Each Welsh language education delivery plan has effect for a period of three school years, and—

(a) the period of the first delivery plan starts with the school year specified by the Welsh Ministers by regulations, and

(b) the period of each subsequent delivery plan starts with the school year that starts immediately after the previous delivery plan came to an end.

(4) The Welsh Ministers may by regulations—

(a) amend the duration of the period for which a Welsh language education delivery plan has effect;

(b) make provision about the form and content of a delivery plan.

(5) This section does not apply to a community special school (but see section 20).

Commencement Information

I16 S. 14 not in force at Royal Assent, see s. 56(4)(5)

15 Approval of Welsh language education delivery plans E+W

(1) A school’s governing body must submit a draft of the Welsh language education delivery plan prepared under section 14 to the local authority that maintains the school.

(2) The draft must be submitted at least 9 months before the start of the period in which the Welsh language education delivery plan is to have effect.

(3) When submitting the draft, the governing body must provide a summary of the responses to the consultation conducted in accordance with section 14(2)(b).

(4) The local authority may—

(a) approve the Welsh language education delivery plan as it was submitted (including the language category specified within it),

(b) approve the delivery plan with modifications agreed with the governing body of the school, or

(c) reject the delivery plan and give a direction to the governing body to reconsider the delivery plan.

(5) Approval of a school’s Welsh language education delivery plan under subsection (4)(a) or (b) has the effect of designating, as the school’s language category, the language category set out in the delivery plan.

(6) If a local authority rejects a draft Welsh language education delivery plan, the direction given under subsection (4)(c) must—

(a) give reasons for the decision;

(b) specify by when the governing body must submit a further draft of the delivery plan to the local authority.

(7) Subsections (4) to (6) apply to a draft Welsh language education delivery plan submitted by a school’s governing body in response to a direction under subsection (4)(c) as they apply to a draft submitted under subsection (1).

(8) A school’s governing body must publish the approved Welsh language education delivery plan.

(9) A school’s governing body must take all reasonable steps to implement the proposals set out by virtue of section 14(1)(e),‍ (f), (g), (h) and (i) in the approved Welsh language education delivery plan.

Commencement Information

I17 S. 15 not in force at Royal Assent, see s. 56(4)(5)

16 Review and amendment of Welsh language education delivery plan E+W

(1) A school’s governing body must review its Welsh language education delivery plan at least once before the end of the period for which it has effect.

(2) A school’s governing body may amend a Welsh language education delivery plan in accordance with this section (but see section 17 for further provision if the governing body intends to change the school’s language category).

(3) In reviewing or amending the Welsh language education delivery plan, the school’s governing body must have regard to the local Welsh in education strategic plan of the local authority that maintains the school (see section 30).

(4) A school’s governing body must submit a draft of the school’s amended Welsh language education delivery plan to the local authority that maintains the school.

(5) When submitting the draft, the school’s governing body must provide a summary of the amendments proposed and the reasons for them.

(6) The local authority may—

(a) approve the amended Welsh language education delivery plan as submitted,

(b) approve the amended delivery plan with modifications agreed with the governing body, or

(c) reject the amended delivery plan and give a direction to the governing body to reconsider.

(7) If a local authority rejects an amended Welsh language education delivery plan, the direction given under subsection (6)(c)—

(a) must give reasons for the decision;

(b) must specify by when the school’s governing body must—

(i) submit a further draft of the delivery plan to the local authority, or

(ii) notify the local authority that it no longer proposes to amend its delivery plan;

(c) may require the school’s governing body to consult the persons listed in section 14(2)(b), if such a consultation has not taken place.

(8) Subsections (5) to (7) apply to an amended Welsh language education delivery plan submitted in response to a direction under subsection (6)(c) in the same way as they apply to an amended delivery plan submitted under subsection (4).

(9) A school’s governing body must—

(a) publish the approved Welsh language education delivery plan, as amended;

(b) take all reasonable steps to implement the proposals set out by virtue of section 14(1)(e),‍ (f), (g), (h) and (i) in the approved Welsh language education delivery plan, as amended.

Commencement Information

I18 S. 16 not in force at Royal Assent, see s. 56(4)(5)

17 Amending Welsh language education delivery plan to change school language category E+W

(1) This section applies where a school’s governing body proposes an amendment to the school’s Welsh language education delivery plan for the purpose of changing the school’s language category.

(2) A school’s language category may not be changed—

(a) from a “Dual Language” category to a “Primarily English Language, partly Welsh” language category;

(b) from a “Primarily Welsh Language” category to a “Dual Language” category or a “Primarily English Language, partly Welsh” language category.

(3) The school’s governing body must consult the persons listed in section 14(2)(b) before submitting an amended delivery plan in draft to the local authority under section 16(4).

Commencement Information

I19 S. 17 not in force at Royal Assent, see s. 56(4)(5)

18 Minimum amount of Welsh language education: temporary exemption E+W

(1) This section applies where a school’s governing body—

(a) is preparing or amending the school’s first Welsh language education delivery plan, and

(b) considers that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education required for a “Primarily English Language, partly Welsh” language category school (see section 10(2)(c)).

(2) The school’s draft Welsh language education delivery plan submitted to the local authority under section 15(1) or 16(4) must set out—

(a) the reasons why, in the opinion of the school’s governing body, it is not reasonably practicable for the school to provide the minimum amount of Welsh language education;

(b) the governing body’s proposals for ensuring that the school can provide the minimum amount of Welsh language education (at least);

(c) a date by which the proposals referred to in paragraph (b) will be implemented, such a date being no later than the end of the three-year period for which the draft delivery plan has effect;

(d) information about the support the governing body considers is necessary to enable the school to provide the minimum amount of Welsh language education.

(3) If the local authority (in accordance with section 15 or 16) approves a Welsh language education delivery plan for a school that sets out the matters referred to in subsection (2)—

(a) the school’s governing body is exempt from the requirement to provide the minimum amount of Welsh language education until the end of the three-year period for which the first delivery plan has effec‍t;

(b) the school’s language category is deemed to be designated as the “Primarily English Language, partly Welsh” category for that period;

(c) the school’s governing body must take all reasonable steps to implement the proposals set out in the delivery plan in accordance with subsection (2)(b) by the date set out in accordance with subsection (2)(c).

Commencement Information

I20 S. 18 not in force at Royal Assent, see s. 56(4)(5)

19 Minimum amount of Welsh language education: further exemption E+W

(1) This section applies where a governing body of a school that is exempted in accordance with section 18(3)(a)—

(a) is preparing the school’s second Welsh language education delivery plan, and

(b) remains of the view that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education required for a “Primarily English Language, partly Welsh” category school.

(2) The second Welsh language education delivery plan submitted to the local authority under section 15(1) must set out—

(a) why the proposals referred to in section 18(2)(b) were not implemented, or why those proposals did not succeed;

(b) why, in the opinion of the governing body, providing the minimum amount of Welsh language education is still not reasonably practicable for the school;

(c) the governing body’s further proposals for ensuring that the school can provide the minimum amount of Welsh language education (at least);

(d) the date by which the proposals referred to in paragraph (c) will be implemented, such a date being no later than the end of the three-year period for which the draft delivery plan has effect;

(e) information about the support that the governing body considers necessary for the school to be able to provide the minimum amount of Welsh language education.

(3) If the local authority (in accordance with section 15) approves a Welsh language education delivery plan for a school that sets out the matters referred to in subsection (2)—

(a) the school’s governing body is exempt from the requirement to provide the minimum amount of Welsh language education until the date set out in the delivery plan in accordance with subsection (2)(d);

(b) the school’s language category is deemed to be designated as the “Primarily English Language, partly Welsh” category until the date set out in the delivery plan in accordance with subsection (2)(d);

(c) the school’s governing body must take all reasonable steps to implement the proposals set out in the delivery plan in accordance with subsection (2)(c), by the date set out in accordance with subsection (2)(d);

(d) the local authority must provide the following to the Welsh Ministers—

(i) the reasons why the school’s delivery plan was approved;

(ii) information about any support offered to the school’s governing body.

Commencement Information

I21 S. 19 not in force at Royal Assent, see s. 56(4)(5)

Special schools E+W

20 Community special schools: plans and language category designation E+W

(1) A community special school’s governing body must prepare a plan in relation to the Welsh language (“a community special school Welsh language education delivery plan”) that sets out—

(a) the amount of Welsh language education provided by the school;

(b) if the school provides education to pupils under compulsory school age, the amount of Welsh language nursery education provided;

(c) the governing body’s proposals on how it will—

(i) promote a Welsh language ethos and culture within the school;

(ii) promote use of the Welsh language within the school;

(d) if the school provides an amount of Welsh language education or Welsh language nursery education that corresponds with the amount of Welsh language education provided in a “Primarily Welsh Language” or “Dual Language” category school, the governing body’s proposals on how it will assist parents who are not confident Welsh speakers—

(i) to support their children’s learning;

(ii) to support their children’s contribution to the school’s Welsh language ethos and culture.

(2) The Welsh Ministers may, by regulations, make further provision about community special school Welsh language education delivery plans, including provision about—

(a) the duration and timing of a plan;

(b) consulting on a plan;

(c) approving a plan;

(d) reviewing and amending a plan.

(3) A community special school is not designated a language category in accordance with this Part, unless the governing body of the school wishes to have a language category designated (“a voluntary designation”).

(4) The Welsh Ministers must, by regulations, make provision in relation to a voluntary designation, including provision that applies this Part with modifications.

Commencement Information

I22 S. 20 not in force at Royal Assent, see s. 56(4)(5)

Maintained nursery schools E+W

21 Welsh language nursery education delivery plans E+W

(1) A maintained nursery school’s governing body must prepare a plan in relation to the Welsh language (“a Welsh language nursery education delivery plan”) that sets out—

(a) the amount of Welsh language nursery education provided by the nursery school;

(b) the governing body’s proposals on—

(i) the amount of Welsh language nursery education it intends to provide during the period for which the Welsh language nursery education delivery plan has effect, and

(ii) maintaining that amount of Welsh language nursery education, and increasing the amount where this is reasonably practicable;

(c) the governing body’s proposals on how it will—

(i) promote a Welsh language ethos and culture within the nursery school;

(ii) promote use of the Welsh language within the nursery school;

(d) if the nursery school provides an amount of Welsh language nursery education that corresponds with the amount of Welsh language education provided in a “Primarily Welsh Language” or “Dual Language” category school, the governing body’s proposals on how it will assist parents who are not confident Welsh speakers—

(i) to support their children’s learning;

(ii) to support their children’s contribution to the nursery school’s Welsh language ethos and culture.

(2) In preparing the Welsh language nursery education delivery plan, the governing body must have regard to the local Welsh in education strategic plan of the local authority that maintains the nursery school (see section 30).

(3) The Welsh Ministers may, by regulations, make further provision about Welsh language nursery education plans, including provision about—

(a) duration and timing of a plan;

(b) consulting on a plan;

(c) approving a plan;

(d) reviewing and amending a plan.

Commencement Information

I23 S. 21 not in force at Royal Assent, see s. 56(4)(5)

Register E+W

22 Register of school language categories E+W

(1) A local authority must maintain and publish a register that includes the following matters—

(a) the language category of each school maintained by the authority, as set out in the school’s Welsh language education delivery plan approved under section 15 or 16;

(b) a record of each school maintained by the authority that is temporarily exempt, under section 18 or 19, from the requirement to provide the minimum amount of Welsh language education, and the date that the exemption comes to an end;

(c) the proposed language category of schools in its area for which proposals have been made under section 41 of the School Standards and Organisation (Wales) Act 2013 (anaw 1) (proposals to establish mainstream schools);

(d) the proposed language category of proposed schools that are not included in the register under paragraph (c), but are of a description set out in regulations made under subsection (3).

(2) In the School Standards and Organisation (Wales) Act 2013 (anaw 1), in section 41, after subsection (2) insert—

“(3) See section 22(1) of the Welsh Language and Education Act (Wales) 2025 (asc[ ]) for provision about a register of the proposed language category of schools for which proposals have been made under this section.”

(3) The Welsh Ministers may, by regulations, make further provision about a register maintained under subsection (1) in respect of—

(a) the matters to be included in the register;

(b) the form of the register;

(c) how and when the register is to be published.

Commencement Information

I24 S. 22 not in force at Royal Assent, see s. 56(4)(5)

Late immersion education E+W

23 Late immersion education in Welsh E+W

(1) In this section, “late immersion education” means intensive education in Welsh—

(a) for children of compulsory school age who are at least 7 years of age who attend, or want to attend, a “Primarily Welsh Language” category school or a “Dual Language” category school, and

(b) that immerses children in Welsh to enable them to fully benefit from education in a “Primarily Welsh Language” category school or a “Dual Language” category school.

(2) Each local authority must—

(a) encourage an increase in demand in its area for late immersion education, and increased participation in it;

(b) make arrangements to provide information and advice to the following persons about the availability of late immersion education in its area—

(i) children of compulsory school age in its area,

(ii) parents of children in its area,

(iii) children looked after by the local authority but that live outside its area,

(iv) governing bodies of schools maintained by the authority, and

(v) any other persons it considers appropriate;

(c) take all reasonable steps to provide late immersion education that meets the demand for it in its area.

(3) Where a school’s governing body has received information (by virtue of subsection (2)(b)(iv)) about the availability of late immersion education in the area of the local authority in which the school is located, it must take all reasonable steps to ensure that pupils of the school and their parents are aware of—

(a) the availability of the education, and

(b) how that education can be accessed.

(4) See also section 14(1)(d) in respect of making provision about late immersion education in schools’ Welsh language education delivery plans.

Commencement Information

I25 S. 23 not in force at Royal Assent, see s. 56(4)(5)

Prospective

PART 4 E+W PLANNING WELSH LANGUAGE EDUCATION AND LEARNING WELSH

National Framework E+W

24 National Framework for Welsh Language Education and Learning Welsh E+W

(1) The Welsh Ministers must prepare a framework (the “National Framework for Welsh Language Education and Learning Welsh”), that sets out how the Welsh Ministers will implement the Welsh language strategy’s proposals in relation to—

(a) Welsh language education,

(b) Welsh language provision in tertiary education,

(c) lifelong Welsh language learning, and

(d) acquiring the Welsh language.

(2) In this Part references to the “Welsh language strategy” are to the strategy on promoting and facilitating the use of Welsh adopted by the Welsh Ministers in accordance with section 78 of the Government of Wales Act 2006 (c. 32) (and see section 1 on what the strategy must contain).

(3) The National Framework for Welsh Language Education and Learning Welsh must, in particular, set out the steps the Welsh Ministers will take to promote and facilitate the use of Welsh by—

(a) increasing the‍ amount of Welsh language education provided;

(b) improving the provision of Welsh language educatio‍n;

(c) promoting Welsh language education in “Primarily Welsh Language‍” category schools,‍ in order to increase the number of pupils attending those schools;‍

(d) encouraging continuity in teaching Welsh and education through the medium of Welsh between—

(i) nursery education and education for pupils of compulsory school age,

(ii) maintained primary schools and maintained secondary schools, and

(iii) education for pupils of compulsory school age and tertiary education.

(4) The National Framework for Welsh Language Education and Learning Welsh must, in particular, set out the steps the Welsh Ministers will take to provide opportunities for persons of all ages in Wales to learn Welsh and to maintain and improve their Welsh language ability and usage, including (but not limited to)—

(a) through childcare to those under compulsory school age;

(b) through nursery education;

(c) through tertiary education;

(d) in the workplace and in the community.

(5) The National Framework for Welsh Language Education and Learning Welsh must also set targets on local authorities that reflect any national target in the Welsh language strategy set under section 1(1)(c).

(6) The National Framework for Welsh Language Education and Learning Welsh must include—

(a) an assessment of the Welsh language education provided at the tim‍e in each local authority;

(b) an analysis of the amount of Welsh language education neede‍d in each local authority in order to meet any target set.‍

(7) The National Framework for Welsh Language Education and Learning Welsh may set further targets to be met by local authorities for the purpose of implementing the National Framework in each local authority area.

(8) The National Framework for Welsh Language Education and Learning Welsh may also set targets on the National Institute for Learning Welsh (see Part 5) that reflect any target in the Welsh language strategy that relates to supporting people to learn Welsh and facilitating their progress, including targets to—

(a) increase the number of people over compulsory school age who are learning Welsh;

(b) improve ability in Welsh amongst people over compulsory school age who are learning Welsh (by reference to the Code prepared by the Welsh Ministers under section 6).

(9) The National Framework for Welsh Language Education and Learning Welsh may make different provision for different purposes, for different cases, or for different local authorities.

(10) The Welsh Ministers may, by regulations, amend subsections (3) to (8) to amend what is required or permitted to be included in the National Framework.

(11) In subsection (1)(b) “Welsh language provision in tertiary education” means—

(a) teaching Welsh in tertiary education in Wales, and

(b) tertiary education through the medium of Welsh in Wales.

Commencement Information

I26 S. 24 not in force at Royal Assent, see s. 56(4)(5)

25 National Framework: further provision on the education workforce E+W

(1) The National Framework for Welsh Language Education and Learning Welsh must set out the steps the Welsh Ministers will take to ensure that training, professional development and support is available for education practitioners in Wales for the purposes of improving ability in Welsh (by reference to the Code prepared by the Welsh Ministers under section 6).

(2) The National Framework for Welsh Language Education and Learning Welsh must also—

(a) include an assessment of the number of education practitioners needed in each local authority in order to meet any target set under section 24(5) and (7), and

(b) set out the steps the Welsh Ministers will take, based on that assessment, for the purposes of ensuring that the number of education practitioners working in Wales meets the need‍.

Commencement Information

I27 S. 25 not in force at Royal Assent, see s. 56(4)(5)

26 Implementing the National Framework E+W

(1) The Welsh Ministers must take all reasonable steps to implement the National Framework for Welsh Language Education and Learning Welsh.

(2) Each local authority must—

(a) take all reasonable steps to meet targets set by the National Framework for Welsh Language Education and Learning Welsh in relation to its area;

(b) at the request of the Welsh Ministers, provide any information required by the Welsh Ministers—

(i) to enable them to carry out what is required under section 24(6) and section 25(2)(a);

(ii) to set‍ targets under section 24(5), or section 24(7).

Commencement Information

I28 S. 26 not in force at Royal Assent, see s. 56(4)(5)

27 National Framework: further provision about content, review and amendment E+W

(1) In preparing or amending the National Framework for Welsh Language Education and Learning Welsh, the Welsh Ministers must set out the steps they intend to take, in accordance with section 24(3) and (4)‍ and section 25, over periods of 10 years.

(2) The Welsh Ministers must, before the end of each period of 5 years, review and amend the National Framework for Welsh Language Education and Learning Welsh to update those steps.

(3) The Welsh Ministers must also, before the end of each period of 5 years, review the targets set by the National Framework for Welsh Language Education and Learning Welsh in accordance with section 24(5) and (8) and set new targets if they consider it necessary.

(4) The Welsh Ministers may from time to time—

(a) amend the National Framework for Welsh Language Education and Learning Welsh, including amending it to—

(i) modify an existing step without changing the period to which it applies;

(ii) add a step they intend to take during the remainder of the period to which the other steps in the National Framework apply;

(iii) remove a step;

(b) prepare a new National Framework (and the requirements of subsections (2) and (3) may be complied with by doing so).

(5) Where the Welsh Ministers amend the National Framework for Welsh Language Education and Learning Welsh, sections 26, and 28(1) and (2) apply as they apply to the preparation of the National Framework.

(6) In respect of the period of 5 years in subsections (2) and (3)—

(a) the first period starts on the day that the National Framework for Welsh Language Education and Learning Welsh is laid before Senedd Cymru for the first time, and

(b) each subsequent period starts on the day after the day the previous period of 5 years comes to an end.

(7) Subsection (6) applies to a new National Framework for Welsh Language Education and Learning Welsh as it applies to the first National Framework.

Commencement Information

I29 S. 27 not in force at Royal Assent, see s. 56(4)(5)

28 Consultation and publication of the National Framework E+W

(1) In preparin‍g the National Framework for Welsh Language Education and Learning Welsh, the Welsh Ministers must consult the following—

(a) each local authority;

(b) the National Institute for Learning Welsh (see Part 5);

(c) the Welsh Language Commissioner;

(d) His Majesty’s Chief Inspector for Education and Training in Wales;

(e) the Commission for Tertiary Education and Research;

(f) y Coleg Cymraeg Cenedlaethol (company number 07550507);

(g) any other persons they consider appropriate.

(2) The Welsh Ministers must—

(a) publish the National Framework for Welsh Language Education and Learning Welsh;

(b) lay the National Framework before Senedd Cymru.

(3) The Welsh Ministers must lay the first National Framework for Welsh Language Education and Learning Welsh before Senedd Cymru under subsection (2)(b) before 31 July 2028.

Commencement Information

I30 S. 28 not in force at Royal Assent, see s. 56(4)(5)

29 Reporting on the National Framework E+W

(1) The annual report published by the Welsh Ministers under section 78(8) of the Government of Wales Act 2006 must include information about the implementation of the National Framework for Welsh Language Education and Learning Welsh.

(2) The annual plan published by the Welsh Ministers under section 78(9) of the Government of Wales Act 2006 must set out how they will implement the National Framework for Welsh Language Education and Learning Welsh.

Commencement Information

I31 S. 29 not in force at Royal Assent, see s. 56(4)(5)

Local plans E+W

30 Local Welsh in education strategic plans E+W

(1) Each local authority must prepare a plan (“a local Welsh in education strategic plan”) that sets out how the local authority will—

(a) promote and facilitate, in its area—

(i) Welsh language education, and

(ii) use of Welsh in schools;

(b) fulfil the duty imposed upon it under section 26(2)(a) (to take all reasonable steps to meet the targets set by the Welsh Ministers in the National Framework on Welsh Language Education and Learning Welsh).

(2) A local Welsh in education strategic plan must also, to the extent that regulations made by the Welsh Ministers so require, set out how the local authority will exercise its education functions to promote and facilitate—

(a) teaching Welsh, and

(b) education and training through the medium of Welsh,

in relation to children of compulsory school age who are not pupils in schools.

(3) A local Welsh in education strategic plan must, in particular, set out the steps the local authority will take—

(a) to exercise its education functions—

(i) to improve provision of Welsh language education‍ in its area,

(ii) to improve the process of planning the provision of Welsh language education in its area,

(iii) to increase the number of pupils of compulsory school age receiving education in “Primarily Welsh language “category schools in its area,

(iv) to increase the number of “Primarily Welsh Language” category schools in its area, and

(v) to ensure that it has sufficient education practitioners working in its area,

for the purpose of meeting targets it has been set by virtue of section 24(5);

(b) to promote and provide information about the Welsh language education provided in “Primarily Welsh Language” category schools in its area;

(c) to meet its duties under section 23 in respect of late immersion education in its area;

(d) to facilitate‍ continuity in teaching Welsh and education through the medium of Welsh between—

(i) nursery education and education for pupils of compulsory school age,

(ii) maintained primary schools and maintained secondary schools,

(iii) education for pupils of compulsory school age and tertiary education.

(4) A local Welsh in education strategic plan must also include—

(a) information on the education practitioners working in the local authority’s area;

(b) a report on progress made in relation to the previous plan (in the case of each plan other than the first).

(5) In preparing its local Welsh in education strategic plan, the local authority must—

(a) have regard to the National Framework for Welsh Language Education and Learning Welsh;

(b) consult on a draft of the plan with the following—

(i) its neighbouring local authorities;

(ii) the head teacher of every school and the head teacher of every maintained nursery school it maintains;

(iii) the governing body of every school and the governing body of every maintained nursery school it maintains;

(iv) the principal of every further education institution in its area;

(v) in relation to any foundation or voluntary school in its area, the person who appoints the‍ foundation governors, and if the school is a school with a religious character, the appropriate religious body;

(vi) His Majesty’s Chief Inspector for Education and Training in Wales;

(vii) the National Institute for Learning Welsh;

(viii) the Welsh Language Commissioner;

(ix) the Commission for Tertiary Education and Research;

(x) Mudiad Meithrin Cyf (company number 02164058);

(xi) persons specified in regulations made by the Welsh Ministers.

Commencement Information

I32 S. 30 not in force at Royal Assent, see s. 56(4)(5)

31 Period of local Welsh in education strategic plans E+W

(1) Each local Welsh in education strategic plan has effect for a period of 5 years, where—

(a) the first period of 5 years starts on a date specified by the Welsh Ministers by regulations, and

(b) each subsequent period of 5 years starts on the day after the previous period of 5 years comes to an end.

(2) But each local Welsh in education strategic plan must set out the steps a local authority intends to take in accordance with section 30(3) over a period of 10 years.

Commencement Information

I33 S. 31 not in force at Royal Assent, see s. 56(4)(5)

32 Approval of local Welsh in education strategic plans E+W

(1) A local authority must submit a draft of its local Welsh in education strategic plan to the Welsh Ministers.

(2) When submitting the draft local Welsh in education strategic plan, the local authority must provide a summary of the responses to the consultation undertaken under section 30(5)(b), and the local authority’s response to that consultation.

(3) In relation to a draft local Welsh in education strategic plan submitted under subsection (1), the Welsh Ministers may—

(a) approve the plan,

(b) approve the plan with modifications agreed with the local authority, or

(c) reject the plan and give a direction to the local authority to reconsider the plan.

(4) If the Welsh Ministers reject a draft local Welsh in education strategic plan submitted under subsection (1), the direction must—

(a) give reasons for the decision;

(b) specify by when the local authority is required to submit a further draft of the plan to the Welsh Ministers.

(5) Subsections (3) and (4) apply to a further draft as they apply to a draft submitted under subsection (1).

Commencement Information

I34 S. 32 not in force at Royal Assent, see s. 56(4)(5)

33 Publication and implementation of local Welsh in education strategic plans E+W

(1) A local authority must, as soon as practicable after its local Welsh in education strategic plan has been approved, publish it and send it to—

(a) the governing body of every‍ school and the governing body of every maintained nursery school it maintains;

(b) to the principal of every further education institution in its area;

(c) in relation to any foundation or voluntary school in its area—

(i) the person who appoints the‍ foundation governors, and

(ii) if the school is a school with a religious character, the appropriate religious body.

(2) A local authority must take all reasonable steps to implement its approved local Welsh in education strategic plan.

Commencement Information

I35 S. 33 not in force at Royal Assent, see s. 56(4)(5)

34 Review and amendment of local Welsh in education strategic plans E+W

(1) A local authority must keep its local Welsh in education strategic plan under review, and if it considers it appropriate, amend it.

(2) Subsection (3) applies if the Welsh Ministers consider—

(a) that a local authority is unlikely to meet a target that applies to it in the National Framework for Welsh Language Education and Learning Welsh, and

(b) that the local authority’s local Welsh in education strategic plan needs to be amended accordingly.

(3) Where this subsection applies, the Welsh Ministers may give a direction to a local authority—

(a) setting out that they consider that the local authority is unlikely to meet a target that applies to it in the National Framework for Welsh Language Education and Learning Welsh;

(b) requiring it to consider amending its local Welsh in education strategic plan.

(4) Where a local authority receives a direction under subsection (3) but decides not to amend its local Welsh in education strategic plan, the local authority must give reasons to the Welsh Ministers for not doing so.

(5) Where a local authority decides to amend its local Welsh in education strategic plan under subsection (1) or in response to a direction under subsection (3), it must submit an amended plan to the Welsh Ministers in draft form.

(6) Sections 30 to 33 and the remainder of this section apply to the amended plan as they apply to the original plan.

Commencement Information

I36 S. 34 not in force at Royal Assent, see s. 56(4)(5)

35 Regulations E+W

(1) The Welsh Ministers may, by regulations, make further provision in relation to local Welsh in education strategic plans, including but not limited to provision about the following—

(a) the form and content of a plan;

(b) timing in relation to the preparation of a plan;

(c) the process of consultation when preparing a draft plan;

(d) the procedure for approval of a plan;

(e) how and when to publish a plan;

(f) reporting on the implementation of the plan.

(2) Regulations under subsection (1) may also make provision enabling two or more local authorities to produce a joint local Welsh in education strategic plan, and any such regulations may make provision to apply sections 30 to 34 with modifications for that purpose.

Commencement Information

I37 S. 35 not in force at Royal Assent, see s. 56(4)(5)

36 Amendments to the School Standards and Organisation (Wales) Act 2013 E+W

(1) The School Standards and Organisation (Wales) Act 2013 (anaw 1) is amended as follows.

(2) Omit Part 4 (Welsh Language in Education Strategic Plans).

(3) In section 1 (overview) omit subsections (13) and (14).

Commencement Information

I38 S. 36 not in force at Royal Assent, see s. 56(4)(5)

General E+W

37 Interpretation E+W

In this Part—

(a) “Welsh language education” means—

(i) teaching Welsh, and

(ii) education and training through the medium of Welsh,

in a school, during school sessions, to pupils of compulsory school age;

(b) references to a “school‍” are to a maintained school that has pupils of compulsory school age;

(c) “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere);

(d) “childcare” means any form of supervised care or activity for a child, other than—

(i) care provided for a child by a parent, relative or foster parent of the child,

(ii) education (or any other supervised activity) provided by a school during school hours for a registered pupil, or

(iii) any form of health care for a child;

(e) references to “Primarily Welsh Language”, “Dual Language” and “Primarily English Language, partly Welsh” language categories are to be read in accordance with Part 3;

(f) an “education practitioner” means—

(i) a school teacher within the meaning given by section 122 of the Education Act 2002 (c. 32), and

(ii) a school learning support worker within the meaning given by Schedule 2 to the Education (Wales) Act 2014 (anaw 5);

(g) “foundation governor”, in relation to a foundation school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002 (c. 32).

Commencement Information

I39 S. 37 not in force at Royal Assent, see s. 56(4)(5)

Prospective

PART 5 E+W NATIONAL INSTITUTE FOR LEARNING WELSH

38 National Institute for Learning Welsh E+W

(1) The National Institute for Learning Welsh is established as a corporate body.

(2) In this Part, references to “the Learning Welsh Institute” are references to that body.

(3) Schedule 2 makes further provision about the Learning Welsh Institute.

Commencement Information

I40 S. 38 in force at 1.8.2027, see s. 56(3)

Objective and functions of the Learning Welsh Institute E+W

39 Facilitating and supporting lifelong Welsh language learning E+W

(1) The Learning Welsh Institute’s objective is to support people to learn Welsh, and facilitate their progress, so that more people (of all ages) are learning the language.

(2) To meet this objective, the Learning Welsh Institute must—

(a) provide strategic leadership and direction to Welsh language learning providers;

(b) provide, or facilitate the provision of, Welsh language learning materials;

(c) plan the development of the education workforce for the purpose of improving Welsh language teaching methods;

(d) make arrangements to provide opportunities to learn Welsh—

(i) to the education workforce,

(ii) in the workplace, and

(iii) to people over compulsory school age;

(e) make arrangements to improve levels of ability in Welsh—

(i) amongst the education workforce,

(ii) in the workplace, and

(iii) amongst learners over compulsory school age;

(f) design and develop the provision of Welsh language learning to learners over compulsory school age, or facilitate such design and development;

(g) develop and maintain a national curriculum for Welsh language learning for learners over compulsory school age;

(h) collect and publish data, at least once every 12 months, on Welsh learners over compulsory school age.

(3) In exercising its functions under subsection (2)(c), (d)(i) and (e)(i) the Learning Welsh Institute must have regard to the assessment included in the National Framework for Welsh Language Education and Learning Welsh by virtue of section 25(2)(a) (assessment of number of education practitioners needed in local authorities).

(4) The Learning Welsh Institute may also—

(a) co-ordinate and commission research on teaching or learning Welsh;

(b) give advice to any person on teaching or learning Welsh;

(c) give financial assistance to any‍ person in relation to teaching or learning Welsh;

(d) do anything else, related to supporting people to learn Welsh and facilitating their progress, if it considers it appropriate to meet a target set by the National Framework for Welsh Language Education and Learning Welsh under section 24(8).

(5) For the purpose of meeting the different needs of people over compulsory school age who are learning (or wish to learn) Welsh, the Welsh language learning provision designed and developed in accordance with subsection (2)(f) must—

(a) include a variety of learning levels and activities;

(b) include a variety of learning settings and methods of study;

(c) be organised in such a way as to facilitate the progression of learners through the different‍ learning levels.

(6) The national curriculum for Welsh language learning referred to in subsection (2)(g) and the learning levels referred to in subsection (5)(a) and (c) must be based on—

(a) the common reference levels set out in the Table in Schedule 1, and

(b) the Code prepared by the Welsh Ministers under section 6.

(7) In this Par‍t—

• “compulsory school age” (“oedran ysgol gorfodol”) has the meaning given by section 8 of the Education Act 1996;

• “Welsh language learning provider” (“darparwr dysgu Cymraeg”) means a person funded by the Learning Welsh Institute to provide Welsh language teaching, to people over compulsory school age.

Commencement Information

I41 S. 39 in force at 1.8.2027, see s. 56(3)

40 Additional functions E+W

(1) The Welsh Ministers may, by regulations, confer additional functions on the Learning Welsh Institute.

(2) A function conferred under subsection (1) must relate to supporting people to learn Welsh or facilitating their progress.

Commencement Information

I42 S. 40 in force at 1.8.2027, see s. 56(3)

41 Promoting equality of opportunity E+W

(1) In exercising its functions, the Learning Welsh Institute must promote—

(a) increased participation in Welsh language learning programmes by people over compulsory school age who are members of under-represented groups;

(b) retention of learners over compulsory school age who are members of under-represented groups to the end of‍ Welsh language learning programmes;

(c) reduction of any gaps in attainment in Welsh language learning between different groups of learners over compulsory school age where the differences arise from social, cultural, economic or organisational factors.

(2) In this section—

• “under-represented groups‍” (“grwpiau sydd heb gynrychiolaeth ddigonol”) means groups of people that are under-represented in Welsh language learning programmes as a result of social, cultural, economic or organisational factors;

• “Welsh language learning programmes” (”rhaglenni dysgu Cymraeg”) means Welsh language learning programmes provided by the Learning Welsh Institute or by a Welsh language learning provider.

Commencement Information

I43 S. 41 in force at 1.8.2027, see s. 56(3)

42 Promoting innovation and continuous improvement E+W

(1) In exercising its functions, the Learning Welsh Institute must promote—

(a) innovation and continuous improvement in relation to learning Welsh;

(b) raising standards in learning Welsh to increase the number of people who speak and use Welsh, and improve their ability.

(2) For the purposes of subsection (1), the Learning Welsh Institute must have regard to the importance of—

(a) ensuring that those teaching Welsh to learners over compulsory school age are enabled to provide education of a high standard;

(b) the ongoing professional development of those teaching Welsh to learners over compulsory school age;

(c) taking the views of learners over compulsory school age into account.

Commencement Information

I44 S. 42 in force at 1.8.2027, see s. 56(3)

43 Promoting collaboration in relation to learning Welsh E+W

In exercising its functions, the Learning Welsh Institute must promote—

(a) collaboration between Welsh language learning providers;

(b) collaboration between Welsh language learning providers and‍ maintained schools and between Welsh language learning providers and maintained nursery schools;

(c) collaboration between Welsh language learning providers and other tertiary education providers in Wales;

(d) collaboration between Welsh language learning providers and employers in Wales.

Commencement Information

I45 S. 43 in force at 1.8.2027, see s. 56(3)

44 Promoting co-ordination in relation to learning Welsh E+W

In exercising its functions, the Learning Welsh Institute must promote—

(a) co-ordination in the provision of Welsh language learning in Wales to learners over compulsory school age;

(b) sharing of best practice in relation to teaching methods and transmission of the Welsh language to learners over compulsory school age.

Commencement Information

I46 S. 44 in force at 1.8.2027, see s. 56(3)

45 Application of Welsh language standards E+W

(1) In Schedule 6 (public bodies etc.: standards) to the Welsh Language (Wales) Measure 2011 (nawm 1), in the table, under the heading “General”, after the entry for the National Institute for Health and Clinical Excellence insert—

““The National Institute for Learning Welsh (“Yr Athrofa Dysgu Cymraeg Genedlaethol”)	Service delivery standards
	Policy making standards
	Operational standards
	Record keeping standards”

(2) In regulation 3 of the Welsh Language Standards (No. 6) Regulations 2017 (S.I. 2017/90) (W. 33)‍ in paragraph (3), after “Higher Education Corporations in Wales” insert “the National Institute for Learning Welsh”.

Commencement Information

I47 S. 45 in force at 1.8.2027, see s. 56(3)

General E+W

46 Strategic plan E+W

(1) The Learning Welsh Institute must, for each planning period, prepare a strategic plan.

(2) The strategic plan must set out how the Learning Welsh Institute intends—

(a) to exercise its functions in order to meet its objective, and

(b) to exercise its functions in accordance with sections 41 to 44.

(3) In preparing the strategic plan the Learning Welsh Institute must consult the following persons—

(a) the Welsh Ministers;

(b) the Welsh Language Commissioner;

(c) the Commission for Tertiary Education and Research;

(d) y Coleg Cymraeg Cenedlaethol (company number 07550507);

(e) Welsh language learning providers;

(f) such other persons as it considers appropriate.

(4) The Learning Welsh Institute must submit the strategic plan for approval by the Welsh Ministers no later than 3 months before the beginning of the planning period to which it relates.

(5) The Welsh Ministers may approve the strategic plan subject to any modifications agreed with the Learning Welsh Institute.

(6) The Learning Welsh Institute must publish the strategic plan approved by the Welsh Ministers.

(7) The Learning Welsh Institute may review the strategic plan and submit an amended plan to the Welsh Ministers for approval, and subsections (5) and (6) apply to an amended plan as they apply to the original plan.

(8) In this section, the “planning period” means—

(a) a first period beginning with a date specified by the Welsh Ministers by regulations and ending with a date so specified, and

(b) each subsequent period of 3 years or such other period specified by the Welsh Ministers by regulations.

Commencement Information

I48 S. 46 in force at 1.8.2027, see s. 56(3)

47 Annual report E+W

(1) As soon as reasonably practicable after the end of each financial year, the Learning Welsh Institute must—

(a) prepare and publish a report (”an annual report”) on the exercise of its functions during that year, and

(b) send a copy of its annual report to the Welsh Ministers.

(2) The Welsh Ministers must lay a copy of the annual report before Senedd Cymru.

Commencement Information

I49 S. 47 in force at 1.8.2027, see s. 56(3)

PART 6 E+W GENERAL

48 Directions and guidance E+W

(1) A direction under Parts 3 and 4 of this Act—

(a) must be complied with;

(b) must be in writing;

(c) may be varied or revoked by a later direction.

(2) A local authorit‍y, the governing body of a maintained school and the governing body of a maintained nursery school must, in the exercise of their functions under this Act, have regard to any guidance issued by the Welsh Ministers.

Commencement Information

I50 S. 48 in force at 8.7.2025, see s. 56(1)(a)

Prospective

49 Repeal of provisions in the School Standards and Organisation (Wales) Act 2013 E+W

(1) The School Standards and Organisation (Wales) Act 2013 (anaw 1) is amended as follows.

(2) In Schedule 2 (regulated alterations)—

(a) in paragraph 4, for “to 8” substitute ”and 6”;

(b) omit paragraph 7 (language medium - primary education) and the cross heading that precedes it;

(c) omit paragraph 8 (language medium - secondary education) and the cross heading that precedes it;

(d) in paragraph 22, for “to 25” substitute “and 24”;

(e) omit paragraph 25 (language medium: maintained nursery schools) and the cross heading that precedes it.

Commencement Information

I51 S. 49 not in force at Royal Assent, see s. 56(4)(5)

50 Education Acts E+W

Parts 3 and 4 of this Act are to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56)

Commencement Information

I52 S. 50 in force at 8.7.2025, see s. 56(1)(a)

51 Interpretation‍ E+W

(1) In this Act—

• “basic Welsh user” (“defnyddiwr Cymraeg sylfaenol”) has the meaning given in the Table in Schedule 1;

  in relation to a pupil referral unit, “governing body” (“corff llywodraethu”) means the committee (if any) established to act as the management committee for the unit under regulations made under Schedule 1 to the Education Act 1996 (c. 56) and the teacher in charge of the unit;

• “independent Welsh user” (“defnyddiwr Cymraeg annibynnol”) has the meaning given in the Table in Schedule 1;

• “local authority”(“awdurdod lleol”) means a council of a county or county borough in Wales;

• “maintained nursery school” (“ysgol feithrin a gynhelir”) means a nursery school maintained by a local authority and that is not a special school;

• “maintained school (“ysgol a gynhelir”) means—

  (a)

  a community, foundation or voluntary school in Wales,

  (b)

  a community special schoo‍l in Wales, other than a community special school established in a hospital, or

  (c)

  a pupil referral unit in Wales;

• “proficient Welsh user” (“defnyddiwr Cymraeg hyfedr”) has the meaning given in the Table in Schedule 1;

• “school sessions” (“sesiynau ysgol”) means school sessions commencing and ending at such times as may be determined from time to time in accordance with section 32C of the Education Act 2002 (c. 32);

• “tertiary education” (“addysg drydyddol”) has the meaning given in section 144 of the Tertiary Education and Research (Wales) Act 2022 (asc 1);

• “Welsh language education delivery plan” (“cynllun cyflawni addysg Gymraeg”) has the meaning given by section 14(1).

(2) In this Act, the following expressions have the same meaning as given by the School Standards and Framework Act 1998 (c. 31)—

• “community school” (“ysgol gymunedol”);

• “community special school” (“ysgol arbennig gymunedol”);

• “foundation school” (“ysgol sefydledig”);

• “voluntary school” (“ysgol wirfoddol”).

(3) Other expressions in subsection (1), section ‍1, section 2(1)(b) and (c) and Parts 3 and 4 of this Act that are defined in, or given a meaning by, the Education Act 1996 (c. 56) have the same meaning as in that Act, including—

• “compulsory school age” (“oedran ysgol gorfodol“) (see section 8 of the Education Act 1996);

• “education functions” (“swyddogaethau addysg”) (see the functions specified in Schedule 36A to the Education Act 1996);

• “primary school” (“ysgol gynradd”) (see section 5(1) of the Education Act 1996);

• “pupil” (“disgybl”) (see section 3 of the Education Act 1996);

• “pupil referral unit” (“uned cyfeirio disgyblion”) (see section 19A(2) of the Education Act 1996);

• “school year” (“blwyddyn ysgol”) (see section 579(1) of the Education 1996);

• “secondary school” (“ysgol uwchradd”) (see section 5(2) of the Education Act 1996).

(4) But where for the purposes of this Act an expression is given (either by this Act or by the Legislation (Wales) Act 2019 (anaw 4)) a meaning different from that given to it for the purposes of the Education Act 1996, that meaning applies for the purposes of that provision instead of the one given for the purposes of the 1996 Act.

Commencement Information

I53 S. 51 in force at 8.7.2025, see s. 56(1)(a)

52 Publication E+W

(1) Where this Act imposes a duty to publish a document, it must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate for those unable to access the document electronically.

(2) The duty to publish the document electronically is, where the person has its own website, a duty to publish on that website.

Commencement Information

I54 S. 52 in force at 8.7.2025, see s. 56(1)(a)

53 Sending documents E+W

(1) Where a notice, direction or other document is required or authorised by this Act to be sent or given to a person, the document may be sent or given—

(a) by handing it to the person or, in the case of a person who is a body corporate, handing it to the secretary or clerk of the body at its registered or principal office;

(b) by leaving it at the person’s usual or last known place of residence or, if the person has given an address for service, at that address;

(c) by sending it by post in a pre-paid letter—

(i) addressed to the person at the person’s usual or last known place of residence, or, in the case of a person who is a body corporate, addressed to the secretary or clerk of the body at its registered or principal office, or

(ii) if the person has given an address for service, addressed to the person at that address;

(d) if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication which complies with the conditions in subsection (2).

(2) The conditions are that the document is—

(a) capable of being accessed by the person to whom it is sent,

(b) legible in all material respects, and

(c) capable of being used for subsequent reference.

Commencement Information

I55 S. 53 in force at 8.7.2025, see s. 56(1)(a)

54 Regulations under this Act E+W

(1) A power of the Welsh Ministers to make regulations under this Act must be exercised by statutory instrument.

(2) A power of the Welsh Ministers to make regulations under this Act includes power—

(a) to make different provision for different areas, different school years, or different purposes;

(b) to make different provision generally or subject to specified exemptions or exceptions or in relation to specified cases;

(c) to make such incidental, supplementary, consequential, transitory, transitional or saving provision.

(3) The provision that may be made under subsection (2)(c) includes provision that amends, repeals or revokes any enactment, including any provision in this Act.

(4) 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, Senedd Cymru—

(a) regulations under sections 1(2), 3(1) and‍ 3(3), 5(2), 9(3), 10(3), 11(2)(b), (3)(b) and (c), 13, 14(4), 20(4), 24(10), 40(1), 46(8)(b) and‍ paragraphs 2(4) and 3(f) of Schedule 2;

(b) regulations that amend or repeal any enactment contained in primary legislation (including any provision in this Act).

(5) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(6) In subsection (4) “primary legislation” means—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.

Commencement Information

I56 S. 54 in force at 8.7.2025, see s. 56(1)(a)

55 Consequential and transitional provision etc. E+W

(1) The Welsh Ministers may by regulations—

(a) make provision that is incidental or supplementary to, or consequential on, any provision of this Act;

(b) make transitional, transitory or saving provision in connection with any provision of this Act.

(2) Regulations under subsection (1) may amend, repeal or revoke any enactment (including any provision of this Act).

Commencement Information

I57 S. 55 in force at 8.7.2025, see s. 56(1)(a)

56 Coming into force E+W

(1) The following provisions come into force on the day after the day this Act receives Royal Assent—

(a) this Part, except section 49;

(b) section 1(1)(a);

(c) section 1(4), in so far as it applies to section 1(1)(a).

(2) Sections 1(5) and 5 and Schedule 1 come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent.

(3) Part 5 and Schedule 2 come into force on 1 August 2027.

(4) Section 49 and the other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(5) An order under subsection (4) may—

(a) appoint different days for different purposes;

(b) make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

Commencement Information

I58 S. 56 in force at 8.7.2025, see s. 56(1)(a)

57 Short title E+W

The short title of this Act is the Welsh Language and Education (Wales) Act 2025.

Commencement Information

I59 S. 57 in force at 8.7.2025, see s. 56(1)(a)

(Introduced by section 5)

SCHEDULE 1 E+W TYPES OF WELSH LANGUAGE USER AND COMMON REFERENCE LEVELS

Commencement Information

I60 Sch. 1 in force at 7.9.2025, see s. 56(2)

The Table reproduces (in relation to the Welsh language) the summary of the common reference levels contained in Appendix 1 to the Common European Framework of Reference for Languages: Learning, Teaching, Assessment - Companion Volume (2020), which updates the 2001 Common European Framework of Reference for Languages developed by the Council of Europe (and referred to in European Council Resolution 14757/01 on the promotion of linguistic diversity and language learning in the framework of the implementation of the objectives of the European Year of Languages 2001).

TABLE 1

Types of Welsh language user	Common reference levels	General characteristics
Proficient Welsh language user	C2	Can understand virtually all types of text. Can summarise information from different oral and written sources, reconstructing arguments and accounts in a coherent presentation. Can express themselves spontaneously, very fluently and precisely, differentiating finer shades of meaning even in more complex situations.
	C1	Can understand a wide range of demanding, longer texts, and recognise implicit meaning. Can express themselves fluently and spontaneously without much obvious searching for expressions. Can use language flexibly and effectively for social, academic and professional purposes. Can produce clear, well-structured, detailed text on complex subjects, showing controlled use of organisational patterns, connectors and cohesive devices.
Independent Welsh language user	B2	Can understand the main ideas of complex text on both concrete and abstract topics, including technical discussions in their field of specialisation. Can interact with a degree of fluency and spontaneity that makes regular interaction with users of the target language quite possible without strain on either party. Can produce clear, detailed text on a wide range of subjects and explain a viewpoint on a topical issue giving the advantages and disadvantages of various options.
	B1	Can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc. Can deal with most situations likely to arise whilst travelling in an area where the language is spoken. Can produce simple connected text on topics which are familiar or of personal interest. Can describe experiences and events, dreams, hopes and ambitions and briefly give reasons and explanations for opinions and plans.
Basic Welsh language user	A2	Can understand sentences and frequently used expressions related to areas of most immediate relevance (for example, very basic personal and family information, shopping, local geography, employment). Can communicate in simple and routine tasks requiring a simple and direct exchange of information on familiar and routine matters. Can describe in simple terms aspects of their background, immediate environment and matters in areas of immediate need.
	A1	Can understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type. Can introduce themselves and others and can ask and answer questions about personal details such as where someone lives, people they know and things they have. Can interact in a simple way provided the other person talks slowly and clearly and is prepared to help.

Prospective

(Introduced by section 38)

SCHEDULE 2 E+W NATIONAL INSTITUTE FOR LEARNING WELSH

PART 1 E+W STATUS

Status E+W

1 (1) The Learning Welsh Institute is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Learning Welsh Institute is not to be regarded as the property of the Crown or property held on its behalf.

Commencement Information

I61 Sch. 2 para. 1 in force at 1.8.2027, see s. 56(3)

PART 2 E+W MEMBERSHIP

Members E+W

2 (1) The members of the Learning Welsh Institute are—

(a) a person appointed by the Welsh Ministers as its chair;

(b) at least 6 and no more than 10 other persons appointed by the Welsh Ministers;

(c) its chief executive (see paragraph 6);

(d) at least 1 but no more than 2 other members of the Learning Welsh Institute’s staff appointed by the chief executive and the non-executive members.

(2) In this Schedule—

(a) the chair and the members of the Learning Welsh Institute appointed under sub-paragraph (1)(b) are referred to collectively as “non-executive members”;

(b) the chief executive and members of the Learning Welsh Institute appointed under sub-paragraph (1)(d) are referred to collectively as “executive members”.

(3) The Welsh Ministers may appoint one of the members appointed under sub-paragraph (1)(b) as deputy chair.

(4) The Welsh Ministers may amend sub-paragraph (1), by regulations, to substitute a different number for any of the numbers specified; but the number of non-executive members must always exceed the number of executive members.

(5) In appointing a non-executive member, the Welsh Ministers must have regard to the desirability of appointing persons who—

(a) possess experience of a matter, and have demonstrated ability in a matter, relevant to the exercise of the Learning Welsh Institute’s functions, and

(b) have a range of skills and experience.

Commencement Information

I62 Sch. 2 para. 2 in force at 1.8.2027, see s. 56(3)

Disqualification from non-executive membership E+W

3 A person is disqualified from being a non-executive member if the person is—

(a) a member of the Learning Welsh Institute’s staff,

(b) a Member of the Senedd,

(c) a member of the House of Commons or the House of Lords,

(d) a member of a local authority,

(e) a person employed in the civil service of the State, or

(f) the holder of an office, or a member of a body or a member of staff of a body, specified by the Welsh Ministers by regulations.

Commencement Information

I63 Sch. 2 para. 3 in force at 1.8.2027, see s. 56(3)

Non-executive membership terms E+W

4 (1) A non-executive member holds office for such period, and on such terms and conditions, as may be specified in the terms of appointment, but this is subject to sub-paragraphs (2) to (4) and paragraph 5.

(2) The period of office specified in the terms of appointment of a non-executive member may not exceed 5 years.

(3) A person who has held office as a non-executive member may be reappointed as a non-executive member once only (and sub-paragraph (2) applies in relation to the reappointment).

(4) The Learning Welsh Institute may, with the approval of the Welsh Ministers—

(a) pay‍ remuneration, expenses and allowances to its non-executive members;

(b) pay pensions to, or in respect of, persons who have been non-executive members and amounts for or towards provision of pensions to, or in respect of, persons who have been non-executive members.

Commencement Information

I64 Sch. 2 para. 4 in force at 1.8.2027, see s. 56(3)

Removal etc. of members E+W

5 (1) The Welsh Ministers may remove a non-executive member from office if they are satisfied that—

(a) the person is unfit to remain a member, or

(b) the person is unable or unwilling to exercise the functions of a member.

(2) The Welsh Ministers may suspend a non-executive member from office by notice if it appears to them that there may be grounds for exercising the power in sub-paragraph (1).

(3) A suspension by notice under sub-paragraph (2) has effect—

(a) for a period specified in the notice, or

(b) if no period is specified in the notice, until further notice is given by the Welsh Ministers to the suspended person.

(4) A non-executive member may resign by giving notice to the Welsh Ministers.

(5) A person ceases to be a non-executive member if that person becomes disqualified (see paragraph 3).

(6) A person ceases to be chair or deputy chair (as the case may be) if that person ceases to be a non-executive member.

(7) A person ceases to be an executive member upon ceasing to be a member of staff.

(8) A person suspended from office under this paragraph may not participate in the proceedings of the Learning Welsh Institute, or the proceedings of its committees or sub-committees, during the period in which the suspension has effect.

Commencement Information

I65 Sch. 2 para. 5 in force at 1.8.2027, see s. 56(3)

PART 3 E+W STAFF

Chief executive E+W

6 (1) The Learning Welsh Institute must have a chief executive.

(2) The first chief executive is to be appointed by the Welsh Ministers‍.

(3) The person appointed under sub-paragraph (2) is to be appointed on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as the Welsh Ministers may determine.

(4) But where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply in relation to the person appointed under sub-paragraph (2) the appointment and the determination of that person’s terms and conditions under sub-paragraph (3) must be made in accordance with those Regulations.

(5) Subsequent appointments are to be made by the non-executive members on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as they may determine.

(6) But the non-executive members may not agree terms and conditions as to remuneration, expenses, allowances or pension of the chief executive‍ without the approval of the Welsh Ministers.

(7) The chief executive is a member of staff.

(8) Service as the chief executive is not service in the civil service of the State.

Commencement Information

I66 Sch. 2 para. 6 in force at 1.8.2027, see s. 56(3)

Other staff E+W

7 (1) The Learning Welsh Institute may appoint other members of staff.

(2) A member of staff appointed under this paragraph may be appointed on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as the Learning Welsh Institute determines.

(3) But the Learning Welsh Institute may not agree terms and conditions as to remuneration, expenses, allowances or pension of members of staff without the approval of the Welsh Ministers.

(4) Service as a member of staff appointed under this paragraph is not service in the civil service of the State.

Commencement Information

I67 Sch. 2 para. 7 in force at 1.8.2027, see s. 56(3)

PART 4 E+W DELEGATION

Committees and sub-committees E+W

8 (1) The Learning Welsh Institute may establish committees and sub-committees.

(2) A committee established under this paragraph may establish sub-committees.

(3) A committee or sub-committee established under this paragraph may consist of persons who are not members of the Learning Welsh Institute or members of its staff, but those persons do not have the right to vote at meetings of the committee or sub-committee (as the case may be).

(4) The Learning Welsh Institute may pay such remuneration, expenses and allowances as determined by the Welsh Ministers to any person who—

(a) is a member of a committee or of a sub-committee established under this paragraph, but

(b) is not a member of the Learning Welsh Institute, nor a member of its staff.

Commencement Information

I68 Sch. 2 para. 8 in force at 1.8.2027, see s. 56(3)

Delegation E+W

9 (1) The Learning Welsh Institute may delegate any of its functions to any one or more of—

(a) its committees,

(b) its sub-committees (whether established under paragraph 8(1) or (2)),

(c) its members, or

(d) its members of staff.

(2) A committee of the Learning Welsh Institute may delegate any function exercisable by it to—

(a) a sub-committee of the Learning Welsh Institute (whether established under paragraph 8(1) or (2)),

(b) a member of the Learning Welsh Institute, or

(c) a member of the Learning Welsh Institute’s staff.

(3) A sub-committee (whether established under paragraph 8(1) or (2)) may delegate any function exercisable by it to—

(a) a member of the Learning Welsh Institute, or

(b) a member of the Learning Welsh Institute’s staff.

(4) The Learning Welsh Institute may—

(a) direct a committee or sub-committee that it may not delegate a function specified in the direction;

(b) direct a committee or sub-committee to vary or revoke any delegation specified in the direction;

(c) direct a committee to vary or revoke any direction given by the committee under sub-paragraph (5).

(5) A committee of the Learning Welsh Institute that has delegated a function to a sub-committee may—

(a) direct the sub-committee that it may not delegate the function;

(b) direct the sub-committee to vary or revoke any delegation of that function made by it.

(6) A function is delegated under this paragraph to the extent and on the terms specified by the person making the delegation, but this is subject to any direction under sub-paragraphs (4) and (5).

(7) The delegation of a function under this paragraph does not prevent the Learning Welsh Institute (or the committee or sub-committee, as the case may be) from exercising the function in question.

(8) The delegation of a function under this paragraph does not affect the Learning Welsh Institute’s responsibility for exercising the function in question.

Commencement Information

I69 Sch. 2 para. 9 in force at 1.8.2027, see s. 56(3)

PART 5 E+W PROCEDURE ETC.

Procedure E+W

10 (1) The Learning Welsh Institute must make rules to regulate its own procedure (including quorum).

(2) The rules must provide that a meeting of the Learning Welsh Institute does not constitute a quorum unless a majority of the members present are non-executive members.

(3) The Learning Welsh Institute must make rules to regulate the procedure of its committees and sub-committees (including quorum).

(4) The Learning Welsh Institute, its committees and sub-committees may determine their own procedure (including quorum), subject to any rules made by the Learning Welsh Institute under sub-paragraph (3).

Commencement Information

I70 Sch. 2 para. 10 in force at 1.8.2027, see s. 56(3)

Validity of proceedings and acts E+W

11 The following do not affect the validity of proceedings and acts of the Learning Welsh Institute (or of its committees and sub-committees)—

(a) any vacancy in the membership of the Learning Welsh Institute, or

(b) any defect in the appointment of a member.

Commencement Information

I71 Sch. 2 para. 11 in force at 1.8.2027, see s. 56(3)

Seal E+W

12 If the Learning Welsh Institute has a seal, it must be verified by the signature of—

(a) a member of the Learning Welsh Institute authorised for that purpose, or

(b) a member of the Learning Welsh Institute’s staff authorised for that purpose.

Commencement Information

I72 Sch. 2 para. 12 in force at 1.8.2027, see s. 56(3)

Evidence E+W

13 A document purporting to be duly executed under the seal of the Learning Welsh Institute or to be signed on behalf of the Learning Welsh Institute is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Commencement Information

I73 Sch. 2 para. 13 in force at 1.8.2027, see s. 56(3)

PART 6 E+W FINANCIAL MATTERS

Finance E+W

14 The Welsh Ministers may make payments by grant or loan to the Learning Welsh Institute of such amounts, and at such times, and on such conditions as the Welsh Ministers determine.

Commencement Information

I74 Sch. 2 para. 14 in force at 1.8.2027, see s. 56(3)

Accounting officer E+W

15 (1) The chief executive of the Learning Welsh Institute is its accounting officer.

(2) If the chief executive is unable to discharge the responsibilities as accounting officer, the Learning Welsh Institute must nominate a member of its staff to be the accounting officer for as long as the chief executive is unable to discharge the responsibilities.

(3) If the office of chief executive is vacant, the Learning Welsh Institute must nominate a member of its staff to be the accounting officer for as long as the office of chief executive remains vacant.

(4) The accounting officer has, in relation to the accounts and finances of the Learning Welsh Institute, the responsibilities specified for the time being by the Welsh Ministers.

(5) The responsibilities that may be specified under this paragraph include (among other things)—

(a) responsibilities in relation to the signing of the accounts;

(b) responsibilities for the appropriateness and regularity of the finances of the Learning Welsh Institute;

(c) responsibilities for the economy, efficiency and effectiveness of the use of the Learning Welsh Institute’s resources;

(d) responsibilities owed to the Welsh Ministers, Senedd Cymru or its Public Accounts Committee.

Commencement Information

I75 Sch. 2 para. 15 in force at 1.8.2027, see s. 56(3)

Accounts E+W

16 (1) The Learning Welsh Institute must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts for each financial year.

(2) Each statement of accounts must comply with any direction given by the Welsh Ministers as to—

(a) the information to be included in the statement;

(b) the manner in which the information is to be presented;

(c) the methods and principles according to which the statement is to be prepared;

(d) additional information that is to accompany the statement.

(3) No later than 31 August after the end of each financial year, the Learning Welsh Institute must submit its statement of accounts for that financial year to—

(a) the Auditor General for Wales, and

(b) the Welsh Ministers.

Commencement Information

I76 Sch. 2 para. 16 in force at 1.8.2027, see s. 56(3)

Audit E+W

17 (1) This paragraph applies in relation to each statement of accounts submitted to the Auditor General for Wales by the Learning Welsh Institute under paragraph 16(3)(a).

(2) The Auditor General for Wales must—

(a) examine, certify and report on the statement of accounts;

(b) provide a copy of the certified statement of accounts and report to the Learning Welsh Institute.

(3) The Auditor General for Wales must, before the end of the period of 4 months beginning with the day the statement of accounts is submitted (“the 4-month period”), lay before Senedd Cymru—

(a) a copy of the certified statement of accounts and report, or

(b) if it is not reasonably practicable to comply with paragraph (a), a statement to that effect.

(4) Where a statement is laid under sub-paragraph (3)(b), the Auditor General must lay before Senedd Cymru a copy of the certified statement of accounts and report as soon as reasonably practicable after the end of the 4-month period.

(5) In complying with sub-paragraph (2), the Auditor General for Wales must examine and report on whether, in the opinion of the Auditor General, the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority governing that expenditure.

Commencement Information

I77 Sch. 2 para. 17 in force at 1.8.2027, see s. 56(3)

Examination into use of resources E+W

18 (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 Learning Welsh Institute’s functions.

(2) But that does not entitle the Auditor General for Wales to question the merits of the Learning Welsh Institute’s policy objectives.

(3) Before carrying out an examination the Auditor General for Wales must—

(a) consult Senedd Cymru, and

(b) take into account the views of Senedd Cymru as to whether or not an examination should be carried out.

(4) The Auditor General for Wales must—

(a) as soon as is reasonably practicable, publish a report of the results of an examination carried out under this paragraph, and

(b) lay a copy of the report before Senedd Cymru.

Commencement Information

I78 Sch. 2 para. 18 in force at 1.8.2027, see s. 56(3)

Register of interests E+W

19 (1) The Learning Welsh Institute must establish and maintain a register of the interests of its members.

(2) The Learning Welsh Institute must publish entries recorded in the members’ register of interests.

Commencement Information

I79 Sch. 2 para. 19 in force at 1.8.2027, see s. 56(3)

Supplementary powers E+W

20 (1) The Learning Welsh Institute may do anything it considers—

(a) appropriate for the purposes of, or in connection with, its functions, or

(b) incidental or conducive to the exercise of those functions.

(2) The Learning Welsh Institute may (among other things)—

(a) acquire or dispose of land or other property;

(b) enter into contracts;

(c) invest sums;

(d) accept gifts of money, land or other property.

(3) But the Learning Welsh Institute may not borrow money without the approval of the Welsh Ministers.

Commencement Information

I80 Sch. 2 para. 20 in force at 1.8.2027, see s. 56(3)

PART 7 E+W CONSEQUENTIAL AMENDMENT

Government of Wales Act 2006 (c. 32) E+W

21 In section 148 of the Government of Wales Act 2006 (meaning of “Welsh public records”), in subsection (2), after paragraph (k), insert—

“(kza) the National Institute for Learning Welsh,”.

Commencement Information

I81 Sch. 2 para. 21 in force at 1.8.2027, see s. 56(3)