OpenLegislation

Part 3 INTERPRETING THE STANDARDSI1

England and Wales

29The standards specified in Part 1 of this Schedule must be interpreted as follows.
30

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.

31

The standards only apply to the extent that the activity undertaken or the service provided relates to —

  1. (a)

    the admission and selection of students;

  2. (b)

    information provided to students and prospective students about the body;

  3. (c)

    the welfare of students;

  4. (ch)

    complaints;

  5. (d)

    disciplinary proceedings in respect of a student;

  6. (dd)

    careers service;

  7. (e)

    student intranet, virtual learning sites and learning portal sites;

  8. (f)

    graduation and award ceremonies;

  9. (ff)

    the assessment or examination of a student;

  10. (g)

    the awarding of grants and the provision of financial assistance;

  11. (ng)

    public lectures;

  12. (h)

    learning opportunitiesf1;

  13. (i)

    allocation of a personal tutorf2;

  14. (j)

    student accommodation, libraries and arts centres;

  15. (l)

    calls to a main telephone number (or numbers), helpline numbers, call centre numbers and automated telephone systems;

  16. (ll)

    signs on the body’s buildings.

32A 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.
33

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).

34
(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 1993f3;

(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 2006f4;

(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.

35A body is not required to comply with these standards in relation to material published in journals or books.
36For 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.
37For the purposes of standards 18 to 20 (telephone calls) “department” means a department that deals wholly or mainly with the matters listed in paragraph 31(a) to (l).
38In 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.
39For the purposes of standards 25 to 26B and 28 to 29B (meetings relating to student support) providing ‘student support’ means providing counselling or support in relation to mental health issues.
40Standards 23 to 29B (meetings) do not apply to medical examinations.
41For the purposes of standards 30 to 34 (public meetings) “cohort” means a group of students sharing one or more statistical or demographic features (for example, students born in a particular year, all students or all third year students studying geography).
42

Standard 36 (public events) 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.

43Standards 36 and 91 do not apply when the message that you announce over a public address system is made during an emergency or an emergency drill.
44Standards 30 to 34 (public meetings) and 35 and 36 (public events) do not apply to public lectures or graduation ceremonies (see standards 40 to 42).
45Standards 38 and 39 (displaying material) do not apply to graduation ceremonies (see standards 41 to 42).
46

Where a standard refers to material that is to be produced in Welsh (with the exception of standards 41 (graduation ceremonies), 55 to 61 (websites and apps), 62 and 63 (social media), 80 (invitations to tender) and 90 (submitting written work in Welsh)), 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.

47

For the purposes of standard 41 (graduation and award ceremonies), 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 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

but a body will not be treating the Welsh language less favourably than the English language by providing the information in written or electronic format in Welsh when the information is provided orally in English.

48For the purposes of standards 43, 44, 47, 50 and 53 references to documents or other materials being available to the public or to students or to being produced for public use or for students use do not include documents or materials that are only available to the public or to students by virtue of the Freedom of Information Act 2000f5.
49
(1)

Standards 53, 53A and 53B 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 146A, 147 and 148 in relation to recruitment);

(b)

forms used when applying for grant or financial assistance from a body (see standards 75 to 79 in relation to applications for grants and financial assistance);

(c)

forms used when submitting a tender to enter into a contract with a body (see standards 80 to 84 in relation to tendering for a contract).

50Standards 43, 48, 50, 51 and 52 do not apply to an enactment made by a body or to a draft enactment prepared by a body.
51Standards 43, 46, 47 and 50 do not apply to any advertising material contained in a document, brochure, leaflet, pamphlet or card.
52

Standards 55 to 59 (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 43 to 52 for specific provision in relation to documents, and standard 37 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).

53For the purposes of standards 55 to 59 (websites) “website” includes student intranet, virtual learning sites and learning portal sites.
54
(1)

For the purposes of standard 61 an ‘app’ is a software application designed to undertake a specific task on an electronic device.

(2)

Standard 61 does not apply to any advertising material on an app (see standard 37 in relation to advertising material produced by a body).

55

For the purposes of standards 55 to 60 (websites), standard 61 (apps) and standards 62 and 63 (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.

56
(1)

Standards 1 to 7 (correspondence) do not apply to correspondence sent by social media (see standards 62 and 63 in relation to social media).

(2)

Standards 55 to 59 (websites) and standard 61 (apps) do not apply to social media (see standards 62 and 63 in relation to social media).

57

Standards 62 and 63 (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 43 to 52 for specific provision in relation to documents, and standard 37 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).

58For the purposes of standard 64 (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.
59

For the purposes of standards 68 to 72 (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 or service locations by staff who are made available for that purpose;

  3. (c)

    “service locations” include libraries, leisure centres, arts centres, advice centres and drop in centres.

60For the purposes of standards 7, 73 and 74 a “notice” means any notice that a body publishes, but it does not include notices prescribed by an enactment.
61

For the purposes of standard 80 (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.

62
(1)

For the purposes of standard 87, 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 87 does not apply to the extent that an enactment requires a body to use a legal name.

63

For the purposes of standards 88 and 89 (learning opportunities) and paragraph 31, “learning opportunities” means any seminar, training, workshop, taster session, 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)

    any seminar, training, workshop, taster session or similar provision provided as part of a course; or

  2. (b)

    seminars or oral presentations relating to a performance or production.

64Standards 90 and 90A (submitting written work in Welsh) do not apply when the body is assessing the proficiency of a student in a language other than Welsh.
65

For the purposes of standard 90 and 90A (submitting written work in Welsh) a reference to treating the Welsh language no less favourably than the English language includes, among other matters, the timescale for informing persons of the outcome of the assessment or examination; but a body will not be treating the Welsh language less favourably than the English language—

  1. (a)

    by obtaining a translation of that work in order for it to be assessed, or

  2. (b)

    by not translating any comments on that translated work.

66

For the purposes of standard 93 (allocation of a personal tutor) and paragraph 31—

  1. (a)

    a “personal tutor” is a member of staff allocated to a student (“A”) whose main role as a personal tutor is to support A in A’s learning or with other matters;

  2. (b)

    the allocation of a personal tutor to A does not include providing A with an academic tutor;

  3. (c)

    an “academic tutor” is a member of staff provided to A whose role as an academic tutor is to–

    1. (i)

      deliver a lecture or course, or

    2. (ii)

      facilitate tutorials, workshops or practical support to the programme of learning.

67

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

Commencement

I1

Sch. 1 Pt. 3 in force at 7.2.2017, see reg. 1(2)

Footnotes

f1

See paragraph 63.

f2

See paragraph 66.

f3

1993 c.38.

f4

2006 c.32.

f5

2000 c.36