Part 5 - National Institute for Learning Welsh and Schedule 2 - National Institute for Learning Welsh
Section 38 - National Institute for Learning Welsh
152.This section provides for the establishment of the National Institute for Learning Welsh. The Learning Welsh Institute will be a corporate body with its own legal personality with specific powers and duties in relation to facilitating and supporting the learning of Welsh.
153.Schedule 2 is introduced by this section, which confirms that the Learning Welsh Institute is not a Crown body and makes provision in relation to members, staff, procedures and financial matters. The Schedule also makes minor amendments and consequential provisions to primary legislation.
154.The members of the Learning Welsh Institute are the chair and between six and ten non-executive members, appointed by the Welsh Ministers. The chief executive is an executive member and the chief executive and non-executive members may appoint up to two members of staff to be executive members. The Welsh Ministers may, by regulations, change the number of non-executive and executive members appointed, but the number of non-executive members must always exceed the number of executive members.
155.The first chief executive will be appointed by the Welsh Ministers, with non-executive members appointing the successors. The chief executive is a member of staff at the Learning Welsh Institute and, in that capacity, is also an accounting officer. However, paragraphs 15(2) to (3) of Schedule 2 allow another member of staff to be an accounting officer where the chief executive is unable to fulfil the responsibilities as an accounting officer (e.g. due to a period of long-term ill health), or where there is no chief executive, and during the period until a chief executive is appointed.
156.Schedule 2 also contains provisions about the committees and sub-committees of the Learning Welsh Institute, audit and accounts, procedures, register of interests and supplementary powers.
Section 39 - Facilitating and supporting lifelong Welsh language learning
157.This section sets the objective of the Learning Welsh Institute. The main role of the Learning Welsh Institute is to support people to learn Welsh, and facilitate their progression, so that more people learn the language and improve their skills. This is intended to help achieve the objectives of Cymraeg 2050, which are to increase the number of Welsh speakers and increase the use of the language. Section 39(2) imposes duties on the Learning Welsh Institute in order to meet this objective.
158.Section 39(4) gives the Learning Welsh Institute power in relation to the co-ordinating and commissioning research on teaching or learning Welsh, and gives it powers to advise any person on teaching or learning Welsh and to provide financial support to any person in relation to teaching or learning Welsh. It also allows the Learning Welsh Institute to do anything else, related to supporting people to learn Welsh, and facilitating their progress, if it considers it appropriate to achieve targets set in the National Framework on Welsh Language Education and Learning Welsh under section 24(8).
159.The Welsh language learning provision designed and developed for learners over compulsory school age under section 39(2)(f) must include a variety of matters as set out in section 39(5)(a) to (c), for example by providing a variety of courses, activities and resources at different learning levels, and in different locations. This may include providing various levels of Welsh courses in person as well as online. This is intended to make appropriate provision readily available to all who are already learning Welsh, or wish to learn Welsh, in order to facilitate learners’ progression through the different levels of learning Welsh. The Learning Welsh Institute is required to base the learning levels on the common reference levels contained in the Schedule 1 table, and on the Code to describe ability in Welsh published by the Welsh Ministers (see section 6).
Section 40 - Additional functions
160.This section gives the Welsh Ministers power to make regulations to confer additional functions on the Learning Welsh Institute that are associated with supporting people to learn Welsh or facilitating their progress. The powers give the Welsh Ministers the flexibility to adjust the body’s functions when necessary.
Section 41 – Promoting equality of opportunity
161.This section requires the Learning Welsh Institute, in the exercise of its functions, to promote increased participation by persons over compulsory school age who are under-represented in Welsh language learning, and to promote the completion of Welsh language learning programmes. The term “under-represented groups” is defined in section 41(2).
162.A duty is also placed on the Learning Welsh Institute to promote the reduction of gaps in attainment in Welsh language learning between different groups of persons where those differences are due to social, cultural, economic or organisational factors.
Section 42 - Promoting innovation and continuous improvement
163.This section requires the Learning Welsh Institute, in the exercise of its functions, to promote innovation and continuous improvement in relation to learning Welsh, and raising standards in learning Welsh. The section also specifies matters (section 42(2)(a) to (c)) which the Learning Welsh Institute must have regard to in the exercise of its functions in accordance with section 42(1).
Section 43 - Promoting collaboration in relation to learning Welsh
164.This section requires the Learning Welsh Institute, in the exercise of its functions, to promote collaboration between Welsh language learning providers, as well as between Welsh language learning providers and maintained schools and maintained nursery schools in Wales, other tertiary education providers in Wales, and employers in Wales.
Section 44 - Promoting co-ordination in relation to learning Welsh
165.This section requires the Learning Welsh Institute, in the exercise of its functions, to promote co-ordination in the provision of Welsh language learning in Wales to those over compulsory school age, and to share best practice in relation to teaching methods and transmission of the Welsh language to those over compulsory school age.
Section 45 - Application of Welsh language standards
166.Section 45 brings the Learning Welsh Institute under the Welsh Language Standards regime. It does so by adding the Learning Welsh Institute to Schedule 6 to the Welsh Language (Wales) Measure 2011, and to the list of bodies subject to the Welsh Language Standards (No. 6) Regulations 2017. This will enable the Welsh Language Commissioner to issue a compliance notice to the Learning Welsh Institute setting out the specific standards that will apply to it.
Section 46 - Strategic plan
167.This section places a duty on the Learning Welsh Institute to prepare a strategic plan for each planning period. The term “planning period” is defined in section 46(8). The strategic plan must set out how the Learning Welsh Institute intends to exercise its functions in accordance with sections 41 to 44 and achieve its objective.
168.Section 46(3), (4) and (6) sets out the arrangements that the Learning Welsh Institute must follow in preparing, submitting and publishing the strategic plan.
169.Under section 46(5), the Welsh Ministers have the power to modify and approve a plan, but those modifications must also be agreed by the Learning Welsh Institute.
170.The Institute may review its plan and submit an amended plan to the Welsh Ministers for approval.
Section 47 - Annual report
171.This section requires the Learning Welsh Institute to prepare and publish an annual report on the exercise of its functions during that year, and send it to the Welsh Ministers. The Welsh Ministers are required to lay the report before Senedd Cymru.
