Welsh Language and Education (Wales) Act 2025

3 Calculating the number of Welsh speakers

(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.