Welsh Language (Wales) Measure 2011

CHAPTER 4 STANDARDS POTENTIALLY APPLICABLE

36 Persons within Schedule 6

(1) This section applies to a person (P) who is within Schedule 6.

(2) A standard specified by the Welsh Ministers under section 26(1) is potentially applicable to P if it belongs to a class of standard that is specified in column (2) of P’s entry in the Schedule 6 table.

(3) For that purpose, each of the following is a class of standard—

(a) service delivery standards;

(b) policy making standards;

(c) operational standards;

(d) promotion standards;

(e) record keeping standards.

(4) This section applies for the purposes of this Part.

37 Persons within Schedule 8

(1) This section applies to a person (P) who is within Schedule 8.

(2) A standard specified by the Welsh Ministers under section 26(1) is potentially applicable to P if, and to the extent that, the standard is—

(a) a service delivery standard that relates to the provision by P of a specified service (a “qualifying service delivery standard”), or

(b) a record keeping standard that relates to the keeping of records about—

(i) qualifying service delivery standards,

(ii) complaints concerning P’s compliance with qualifying service delivery standards, or

(iii) complaints concerning the Welsh language that relate to the provision by P of specified services.

(3) In this section “specified service” means a service that is specified in column (2) of P’s entry in the Schedule 8 table.

(4) This section applies for the purposes of this Part.

38 Amendment of standards potentially applicable

(1) The Welsh Ministers may, by order, amend the Schedule 6 table and Schedule 8 table in accordance with this section.

(2) The Welsh Ministers may amend the Schedule 6 table so that column (2) of an entry includes a reference to one or more of the following—

(a) service delivery standards;

(b) policy making standards;

(c) operational standards;

(d) record keeping standards.

(3) The Welsh Ministers may amend the Schedule 6 table so that column (2) of any of the following entries in the table includes a reference to promotion standards—

(a) the Welsh Ministers' entry;

(b) a county borough council’s entry;

(c) a county council’s entry;

(d) a National Park authority’s entry;

(e) an entry for any other person, but only if the person has given consent that promotion standards should be potentially applicable to that person.

(4) For the purpose of subsection (3)—

(a) “consent” means consent in writing given to the Welsh Ministers;

(b) a person may withdraw consent, but only with the agreement of the Welsh Ministers;

(c) if a person withdraws consent after that person’s entry has been amended to include a reference to promotion standards, the Welsh Ministers must amend the Schedule 6 table by removing the reference to promotion standards in the entry for that person.

(5) The Welsh Ministers may amend the Schedule 6 table by removing any reference in column (2).

(6) The Welsh Ministers may amend the Schedule 8 table so that column (2) of an entry relating to a person or category of person includes a reference to provision of a service (the “specified service”), but only if—

(a) the condition in subsection (7) is met, and

(b) the condition in subsection (8) or (9) is met.

(7) The specified service must fall within a category of service specified in column (3) of the Schedule 7 table (an “available service”).

(8) If the specified service is to relate to a person within Schedule 8, that person must fall within the category of persons in column (2) of the Schedule 7 table to which the available service relates.

(9) If the specified service is to relate to a category of persons within Schedule 8, all persons within that category must fall within the category of persons in column (2) of the Schedule 7 table to which the available service relates.

(10) The Welsh Ministers may amend the Schedule 8 table by removing any reference in column (2).

(11) The Welsh Ministers may make such other amendments of the Schedule 6 table or Schedule 8 table, or of any other provision of this Measure, as they think appropriate in connection with, for the purposes of, or in consequence of, the powers under any of subsections (2) to (10).