OpenLegislation

Part 3 INTERPRETING THE STANDARDSI1

England and Wales

11The standards specified in Part 1 of this Schedule must be interpreted as follows.
12
(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.

13

For the purposes of standards 90 to 92 (a body’s intranet), 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 intranet;

but it does not mean that the Welsh language material must appear on the same page as the English language material, or on a page that is likely to open before the corresponding English language version of a page.

14

For the purposes of standards 107A (recruitment) and 111 (internal signs and notices), references to treating the Welsh language no less favourably than the English language includes, 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 or font of any text);

  2. (b)

    the size of the material;

  3. (c)

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

  4. (ch)

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

  5. (d)

    the publication format of the material.

15For the purposes of the standards a requirement to publish, provide or display any written material in Welsh does not mean that material should be published, provided or, displayed in Welsh only, nor does it mean that the material should be produced in Welsh first (unless that is specifically stated in the standard).
16

Standards 90 to 92 (intranet) do not apply to—

  1. (a)

    documents to which a link is provided on the intranet, advertising material on the intranet, or to video and audio clips on the intranet (see standard 82 for specific provision in relation to documents); or

  2. (b)

    information presented by persons on an interactive page published on a body’s intranet (for example on a section for comments or on a discussion forum).

17

For the purposes of standards 106 and 106A only—

  1. (a)

    “post” includes a public appointment;

  2. (b)

    “public appointment” means any appointment to a public body or public office.

18For the purposes of standards 107 to 109 only “post” includes a voluntary post.
19

In standard 110 the “5 year period” means—

  1. (a)

    5 years beginning with the imposition date, and

  2. (b)

    each subsequent 5 year period.

20In paragraph 19 the “imposition date” means the day from which a person is required to comply with standard 110 or to comply with it in a particular respect.
21Standard 114 does not apply when the message that you announce over a public address system is made during an emergency or an emergency drill.

Annotations

Commencement

I1

Sch. 3 Pt. 3 in force at 29.6.2018, see reg. 1(2)

Footnotes

f1

1993 c. 38.

f2

2006 c. 32.