(This note is not part of the Order)
This Order is made under sections 150(5) and 156(2) of the Welsh Language (Wales) Measure 2011. It brings into force provisions of the Measure that relate to the Welsh Language Commissioner’s function of promoting and facilitating the use of the Welsh language. The relevant provisions are sections 4, 11, 144(1) and 144(3)(a).
Section 4 of the Measure gives the Commissioner the power to do anything he or she thinks appropriate to promote and facilitate the use of the Welsh language and to work towards ensuring that the Welsh language is treated no less favourably than the English language. Section 11 gives the Commissioner the power to do anything that he or she thinks to be appropriate in connection with any of his or her functions.
Sections 144(1) and 144(3)(a) provide for the abolition and repeal of functions that were formerly exercised by the Welsh Language Board under section 3 of the Welsh Language Act 1993. Section 3 of the 1993 Act gave the Board functions relating to promoting and facilitating the use of Welsh. In addition, under section 3, the Board was given the power to do anything that was incidental or conducive to the performance of its functions. These functions were transferred to the Commissioner and the Welsh Ministers upon the Board’s abolition. As a result of the coming into force of sections 4 and 11 of the Measure this Order partially commences section 144(1) and 144(3)(a) for the purpose of abolishing the functions conferred upon the Commissioner by section 3 of the 1993 Act.