Part 3 Interpreting the Standards

The standards only apply to the extent that a body—

1. (a)

   delivers services to a person in Wales, or

2. (b)

   deals with any other person in connection with delivering services—

   1. (i)

      to that other person in Wales, or

   2. (ii)

      to a third person in Wales.

For the purposes of the standards—

1. (a)

   a requirement to produce, to send, to publish, to display or to make available any written material in Welsh does not mean that the material should be produced, sent, published, displayed or made available in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard);

2. (b)

   a requirement to provide a service in Welsh does not mean that that service should only be provided in Welsh (unless that is specifically stated in the standard).

1. (1)

   A body is not required to translate into Welsh any text that it has not produced (“text A”).

2. (2)

   A body will not be treating the Welsh language less favourably if it does not translate text A into Welsh but see sub-paragraph (3).

3. (3)

   A body must use the Welsh version of text A if another person has produced text A in Welsh in accordance with—

   1. (a)

      its Welsh Language Scheme,

   2. (b)

      a duty to comply with standards,

   3. (c)

      Standing Orders of Senedd Cymru,

   4. (ch)

      section 35(1C) of the 2006 Act, or

   5. (d)

      the Senedd Commission’s Official Languages Scheme.

4. (4)

   In this paragraph—

   1. (a)

      “Welsh Language Scheme” means a Welsh language scheme produced in accordance with Part 2 of the Welsh Language Act 1993^f1;

   2. (b)

      “a duty to comply with standards” means a duty to comply with a standard under section 25 of the Welsh Language (Wales) Measure 2011;

   3. (c)

      “the 2006 Act” means the Government of Wales Act 2006^f2;

   4. (ch)

      “Standing Orders of Senedd Cymru” means standing orders made under section 31 of the 2006 Act;

   5. (d)

      “the Senedd Commission’s Official Languages Scheme” means the Scheme adopted and published under paragraph 8 of Schedule 2 to the 2006 Act^f3.

1. (1)

   If the conditions in paragraphs (a) to (c) are met or the condition in sub-paragraph (2) is met, a body is not required to comply with any of the standards in respect of an activity or a service referred to in paragraph (b)—

   1. (a)

      the first condition is that an emergency has occurred, is occurring or is about to occur;

   2. (b)

      the second condition is that the activity being carried out or the service being provided by the body is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of an emergency;

   3. (c)

      the third condition is that the need for the activity or the service referred to in paragraph (b) is urgent.

2. (2)

   The condition is that the body is undertaking an emergency drill.

3. (3)

   If the condition in sub-paragraph (2) is met, then the reference to “an emergency” in sub-paragraph (1)(b) is to be read as “the simulated emergency”.

Standard 31 does not apply to—

1. (a)

   performances of music;

2. (b)

   artistic or dramatic productions;

3. (c)

   seminars or oral presentations relating to the performance or production;

4. (ch)

   any recording of the performance, production, seminar or oral presentation.

Where a standard refers to material that is to be produced in Welsh (with the exception of standards 40 to 45 (websites and apps), 48 and 49 (social media)), references to treating the Welsh language no less favourably than the English language, or to treating a Welsh language version no less favourably than an English language version, include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards —

1. (a)

   the visual presentation of material (for example, in relation to the colour or font of any text);

2. (b)

   the size of the material;

3. (c)

   the position and prominence of the material in any public place;

4. (ch)

   when and how the material is published, provided or exhibited;

5. (d)

   the publication format of material.

1. (1)

   Standards 35, 36, 37 and 39 do not apply to the forms listed in sub-paragraph (2).

2. (2)

   The forms are—

   1. (a)

      forms used by a body to recruit employees (see standards 106A, 107 and 108 in relation to recruitment);

   2. (b)

      forms used when applying for grant assistance from a body (see standards 59 to 61 in relation to applications for grants).

Standards 40 to 44 (websites) do not apply to—

1. (a)

   forms or documents to which a link is provided on a website, advertising material on a website, or to video and audio clips on a website (see standards 35 to 39 for specific provision in relation to forms or documents, and standard 32 in relation to advertising material produced by a body, and standard 50 in relation to audio and video content);

2. (b)

   information presented by persons (other than the body) on an interactive page published on a body’s website (for example on a section for comments or on a discussion forum);

3. (c)

   a live chat facility (see standards 46 and 47 for specific provision in relation to live chat).

1. (1)

   For the purpose of standard 45 an “app” is a software application designed to undertake a specific task on an electronic device.

2. (2)

   Standard 45 does not apply to any advertising material on an app (see standard 32 in relation to advertising material produced by a body).

3. (3)

   Standard 45 does not apply to a live chat facility (see standards 46 and 47 in relation to live chat).

4. (4)

   Standard 45 does not apply to audio and video clips on an app (see standard 50 in relation to audio and video content).

For the purpose of standards 40 to 45 (websites and apps) and standards 48 and 49 (social media), references to treating the Welsh language no less favourably than the English language include, amongst other matters (and in addition to specific matters referred to in any individual standard), treating the Welsh language no less favourably as regards—

1. (a)

   the visual presentation of the material (for example, in relation to the colour, size, font and format of any text), or

2. (b)

   when material is published on the website, app or social media,

but it does not mean that Welsh language material must appear on the same page as English language material, or on a page that a person is likely to find before the English language page when searching.

1. (1)

   For the purposes of standards 46 and 47 and paragraphs 37, 38, 40 and 41, “live chat facility” means an on-line messaging application within a website or app, designed specifically to provide a real time method of communication.

2. (2)

   Standards 46 and 47 (live chat facility) do not apply to any advertising material on a live chat facility or to video and audio clips provided through the live chat facility (see standard 32 in relation to advertising material produced by a body and standard 50 in relation to audio and video content).

3. (3)

   Standards 46 and 47 (live chat facility) do not apply to forms or documents to which a link is provided through the live chat facility (see standards 35 to 39 for specific provision in relation to forms or documents).

1. (1)

   Standards 1 to 7 (correspondence) do not apply to correspondence sent by live chat facility or social media (see standards 46 and 47 in relation to live chat and 48 and 49 in relation to social media).

2. (2)

   Standards 40 to 45 (websites and apps) do not apply to social media (see standards 48 and 49 in relation to social media).

Standards 48 and 49 (social media) do not apply to—

1. (a)

   forms or documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 35 to 39 for specific provision in relation to forms or documents, and standard 32 in relation to advertising material produced by a body, and standard 50 in relation to audio and video content);

2. (b)

   information presented by persons (other than the body) on a body’s social media account (for example on a section for comments).

For the purposes of standards 54 to 58 (receiving visitors)—

1. (a)

   “reception” means an area in a body’s offices and service locations where staff are made available for the purpose of welcoming persons;

2. (b)

   “reception service” means a service for welcoming persons to the body’s offices in Wales or service locations in Wales by staff who are made available for that purpose;

3. (c)

   “service locations” include advice centres, community centres and drop in centres.

1. (1)

   For the purposes of standards 64 and 65, the reference to a body forming, revising or presenting its “corporate identity” includes, amongst other things, the way a body presents itself by means of visual statements, the name or names used by a body, and a body’s branding and slogans (for example, branding and slogans printed on its stationery).

2. (2)

   Standards 64 and 65 do not apply to the extent that an enactment requires a body to use a legal name.

For the purposes of standards 66, and 67 (courses), an “education course” means any seminar, training, workshop or similar provision which is provided in order to educate or to improve the skills of members of the public in Wales; but does not include—

1. (a)

   activities or courses provided as part of the curriculum in accordance with any enactment, or

2. (b)

   seminars or oral presentations relating to a performance or production.

For the purposes of the standards, “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

1. (a)

   an Act of Parliament; or

2. (b)

   a Measure or an Act of Senedd Cymru.