OpenLegislation

Part 3 INTERPRETING THE STANDARDS

Original text. Later amendments are not shown.

10The standards specified in Part 1 of this Schedule must be interpreted as follows.
11

The standards only apply to the extent that a body —

  1. (a)

    delivers services to a person, or

  2. (b)

    deals with any other person in connection with delivering services—

    1. (i)

      to that other person, or

    2. (ii)

      to a third person.

26A body is not required to produce, to display or to send material in Welsh to the extent that another enactment has specified the wording of a document, a sign or a form which would run contrary to that requirement.
27

For the purposes of the standards —

  1. (a)

    a requirement to produce, to send, to publish, to display, to make available or to issue any written material in Welsh does not mean that the material should be produced, sent, published, displayed, made available or issued 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).

28
(1)

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

(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)

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

(a)

its Welsh Language Scheme;

(b)

a duty to comply with standards;

(c)

Standing Orders of the Assembly;

(ch)

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

(d)

the Assembly Commission’s Official Languages Scheme.

(4)

In this paragraph—

(a)

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

(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;

(c)

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

(ch)

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

(d)

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

29
(1)

If the conditions in sub-paragraphs (a) to (c) are met or the condition in 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 sub-paragraph (b)—

(a)

The first condition is that an emergency has occurred, is occurring or is about to occur.

(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.

(c)

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

(2)

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

(3)

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

30If the body is protecting nuclear materials in transit, a body is not required to comply with any of the standards in respect of that activity or service.
31For the purposes of standards 2, 3 and 21, a body corresponds with an individual or makes a telephone call to an individual for the first time when it corresponds or makes a telephone call for the first time after the date on which a compliance notice has required the body to comply with the standard.
32

Standards 8 to 11 and 14 to 17 do not apply to calls made to the following telephone numbers—

  1. (a)

    999;

  2. (b)

    112;

  3. (c)

    0800 405040.

33In standard 22 an “automated” telephone system means a system that answers telephone calls and guides persons through a set procedure with a recorded message which, for example, asks a person to press different keys in order to choose different options.
34Standards 23, 24, 24A, 24B, 25, 25A, 25B, 25C, 25CH and 25D do not apply when the meeting is held at short notice (for example, when a body makes door to door enquiries).
35

Standard 34 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.

36

Where a standard refers to material that is to be produced in Welsh (with the exception of standards 49 to 54 (websites and apps), 55 and 56 (social media) and 73 (invitations to tender)), 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.

37For the purposes of standards 38, 39, 42, 45 and 48, references to documents or other materials being available to the public or being produced for public use do not include documents or materials that are only available to the public by virtue of the Freedom of Information Act 2000f3.
38
(1)

Standards 48, 48A and 48B do not apply to the forms listed in sub-paragraph (3).

(2)

For the purposes of standard 2, a body is not required to send a Welsh language version of the forms listed in sub-paragraph (3).

(3)

The forms are —

(a)

forms used by a body to recruit employees (see standards 135A, 136 and 137 in relation to recruitment);

(b)

forms used when applying for grant assistance from a body (see standards 68 to 72 in relation to applications for grants);

(c)

forms used when submitting a tender to enter into a contract with a body (see standards 73 to 77 in relation to tendering for a contract).

39Standards 38, 43, 45, 46 and 47 do not apply to an enactment made by a body or to a draft enactment prepared by a body.
40Standards 38, 41, 42 and 45 do not apply to any advertising material contained in a document, brochure, leaflet, pamphlet or card.
41

Standards 49 to 53 (websites) do not apply to —

  1. (a)

    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 38 to 47 for specific provision in relation to documents, and standard 35 in relation to advertising material produced by a body);

  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).

42
(1)

For the purpose of standard 54 an ‘app’ is a software application designed to undertake a specific task on an electronic device.

(2)

Standard 54 does not apply to any advertising material on an app (see standard 35 in relation to advertising material produced by a body).

43

For the purpose of standards 49 to 54 (websites and apps) and standards 55 and 56 (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.

44
(1)

Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 55 and 56 in relation to social media).

(2)

Standards 49 to 54 (websites and apps) do not apply to social media (see standards 55 and 56 in relation to social media).

45

Standards 55 and 56 (social media) do not apply to —

  1. (a)

    documents to which a link is provided through social media, or to video and audio clips provided through social media (see standards 38 to 47 for specific provision in relation to documents, and standard 35 in relation to advertising material produced by a body);

  2. (b)

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

46For the purpose of standard 57 (self service machines) reference to treating the Welsh language no less favourably than the English language includes, amongst other matters, treating the Welsh language no less favourably as regards the visual presentation of the material (for example in relation to the colour, size, font and format of any text), but it does not mean that Welsh language material must appear on screen at the same time as English language material.
47

For the purposes of standards 61 to 65 (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 – but see sub-paragraph (c);

  2. (b)

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

  3. (c)

    subject to paragraph (ch) a reception does not include the area of a police station where a person is ordinarily received in order that a custody officer (within the meaning of section 36 of the Police and Criminal Evidence Act 1984f4) determines within the meaning of section 37 of that Act whether there is sufficient evidence to detain or charge a person with an offence (“the custody unit”);

  4. (ch)

    if the custody unit and reception are the same area in a body’s offices, standards 61 to 65 only apply in relation to receiving visitors in that area as a reception.

48For the purposes of standards 7, 66 and 67 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment.
49

For the purposes of standard 73 (invitation to tender) —

(1)

A body is not required to publish an invitation to tender in Welsh in the Official Journal of the European Union.

(2)

A reference to treating a Welsh language version no less favourably than an English language version includes, amongst other matters, treating the Welsh language no less favourably as regards—

(a)

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

(b)

the size of the material;

(c)

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

(ch)

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

(d)

the publication format of material;

but a body will not be treating the Welsh language less favourably than the English language by not publishing an invitation to tender in Welsh in the Official Journal of the European Union.

50
(1)

For the purposes of standard 80, the reference to a body forming 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)

Standard 80 does not apply to the extent that an enactment requires a body to use a legal name.

51

For the purposes of standards 81, 82 and 83 (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; 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.

52

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 the National Assembly for Wales.

Annotations

Footnotes

f1

1993 c. 38.

f2

2006 c. 32.

f3

2000 c. 36.

f4

1984 c. 60.