The Welsh Language (Wales) Measure 2011 (Amendment of Schedule 6) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

The Welsh Language (Wales) Measure 2011 (nawm 1) (“the Measure”) makes provision for the specification of standards of conduct in relation to the Welsh language (“standards”).

Section 25 of the Measure provides that a person must comply with a standard of conduct specified by the Welsh Ministers if, and for as long as, six conditions are met. Condition 1 is that the person is liable to be required to comply with standards. Condition 2 is that the standard is potentially applicable to the person. The other conditions are not relevant to this Order.

Section 33 of the Measure provides that a person is liable to be required to comply with standards if the person is (a) within Schedule 5 and also within Schedule 6, or (b) within Schedule 7 and also within Schedule 8. A person is within Schedule 5 if the person falls within a category of persons specified in column 2 of the table in Schedule 5. A person is within Schedule 6 if the person (a) is specified in column 1 of the table in Schedule 6 (“the Schedule 6 table”), or (b) is within a category of persons specified in that column. Schedules 7 and 8 are not relevant to this Order.

Section 36 provides that a standard is potentially applicable to a person if the standard belongs to a class of standard that is specified in column 2 of the person’s entry in the Schedule 6 table. Each of the following is a class of standard—

(i) service delivery standards,

(ii) policy making standards,

(iii) operational standards,

(iv) promotion standards,

(v) record keeping standards.

Section 35 enables the Welsh Ministers, by order, to amend the Schedule 6 table so that it includes a reference to a person who falls within one or more of the Schedule 5 categories or a category of persons, all of whom fall within one or more of the Schedule 5 categories.

Section 38 enables the Welsh Ministers, by order, to amend the Schedule 6 table so that column 2 of an entry includes a reference to one or more of the following—

(i) service delivery standards;

(ii) policy making standards;

(iii) operational standards;

(iv) record keeping standards.

This Order amends Schedule 6 to the Measure by—

(a) inserting new persons into Schedule 6 and specifying classes of standard in column 2 of each person’s entry;

(b) removing persons from Schedule 6 where appropriate, for example if an organisation has been abolished;

(c) updating Schedule 6 to reflect changes of names since the Measure was made.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.