The Advisory Panel to the Welsh Language Commissioner (Appointment) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

The Welsh Language (Wales) Measure 2011 (“the Measure”) provides for the establishment of the office of Welsh Language Commissioner (“the Commissioner”). The Commissioner will be supported in his or her work by a panel of advisers. Section 23 of the Measure imposes a duty upon the Welsh Ministers to appoint the members of this advisory panel and explains that the panel is to be known as the Advisory Panel to the Welsh Language Commissioner (“the Advisory Panel”).

Paragraph 1 of Schedule 4 to the Measure provides that the Welsh Ministers must comply with appointment regulations in appointing members of the Advisory Panel.

Paragraph 5(1) of that Schedule provides that the Welsh Ministers must make appointment regulations.

The Welsh Ministers make these Regulations to comply with their duty to make appointment regulations.

Regulation 2 imposes a duty upon the Welsh Ministers, in appointing members of the Advisory Panel, to follow the principles of ministerial responsibility, merit, independent scrutiny, equal opportunities, probity, openness and transparency, and proportionality taking into account the description of those principles set out in the Commissioner for Public Appointments' Code of Practice for Ministerial Appointments to Public Bodies of August 2009. A copy of the Code of Practice of August 2009 can be found on the Commissioner for Public Appointments' website: www.publicappointmentscommissioner.org/

Regulation 3 requires the Welsh Ministers, in appointing members of the Advisory Panel, to have regard to the fact that it is desirable for the Advisory Panel’s membership to include persons with knowledge of, and proficiency in, the Welsh language.

Regulation 4 makes provision relating to the Advisory Panel’s members' knowledge and experience of matters in respect of which the Commissioner exercises functions.

Regulation 4(1) places a duty upon the Welsh Ministers, before appointing persons as members of the Advisory Panel, to ascertain as far as is reasonably practicable the Commissioner’s knowledge and experience of the following matters: corporate governance, exercising functions conferred by or under an enactment, promoting and facilitating the use of Welsh or another language, public relations, regulatory regimes, and working in partnership with organisations in the public, private or voluntary sectors.

Regulation 4(2) requires the Welsh Ministers, in appointing members of the Advisory Panel, to have regard to the fact that it is desirable that the combined knowledge and experience of the Commissioner and Advisory Panel’s members includes knowledge and experience of the following matters: corporate governance, exercising functions conferred by or under an enactment, promoting and facilitating the use of Welsh or another language, public relations, regulatory regimes, and working in partnership with organisations in the public, private or voluntary sectors.

A Regulatory Impact Assessment has not been prepared for these Regulations.