The Welsh Language Board (Transfer of Staff, Property, Rights and Liabilities) Order 2012

Explanatory Note

(This note is not part of the Order)

The Welsh Language (Wales) Measure 2011 (“the Measure”) provides for the abolition of the Welsh Language Board (“the Board”) and the establishment of the office of Welsh Language Commissioner (“the Commissioner”). Upon its abolition the majority of the Board’s current functions under the Welsh Language Act 1993 will transfer under the Measure to the Commissioner. The Board’s function of promoting and facilitating the use of the Welsh language under section 3 of the 1993 Act will transfer to the Welsh Ministers as well as to the Commissioner. The transfer of the function to the Welsh Ministers will be given effect by virtue of an order made by the Welsh Ministers under section 154 of the Measure.

As a consequence of the Board’s abolition and the transfer of its functions, specific legislative provision is required to deal with the transfer of the Board’s staff, property, rights and liabilities. To that end, paragraphs 1 and 2 of Schedule 12 to the Measure provide the Welsh Ministers with the power to make provision, by order, relating to the transfer of the Board’s staff to the employment of either the Commissioner or the Welsh Government and the transfer of the Board’s property, rights and liabilities to either the Commissioner or the Welsh Ministers.

The Welsh Ministers make this Order in reliance upon the powers provided by paragraphs 1 and 2 of Schedule 12 to the Measure.

The Commissioner’s office will be established on 1 April 2012 (defined in the Order as “the transfer date”). Those members of the Board’s staff who have accepted an offer of employment with either the Commissioner or the Welsh Government before the transfer date will, on that date, transfer to their new employer as a result of article 3 of this Order.

The majority of the Board’s property, rights and liabilities will transfer to either the Commissioner or the Welsh Ministers under article 4. Article 4(1) introduces the Schedule to this Order which specifies the property, rights and liabilities to which the Board was entitled or subject immediately before the transfer date that will become the property, rights and liabilities of the Welsh Ministers from that date. Subject to article 5, all other property, rights and liabilities to which the Board is entitled or subject prior to the transfer date will, on that date, transfer to the Commissioner.

Article 5 applies in relation to the employment contracts of persons who, prior to the transfer date, are or have been Board employees and who will not transfer to a new employer as a result of this Order. Any rights and liabilities of the Board arising in connection with these employees and former employees will transfer under article 5(1) to the Welsh Ministers. Article 5(2) ensures that anything done by or in relation to the Board in respect of the person or their contract of employment is treated after the transfer date as having been done by or in relation to the Welsh Ministers.

Article 6 makes provision about rights of access to Board records that will, as a result of this Order, transfer to the ownership of either the Commissioner or the Welsh Ministers on the transfer date.

Article 7 ensures that the transfers of property, rights and liabilities given effect by this Order are unaffected by any provision (of whatever nature) which would otherwise operate to prevent or restrict those transfers.

A Regulatory Impact Assessment for this Order has been prepared and a copy can be obtained from the Welsh Language Unit, Department for Education and Skills, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.