OpenLegislation

Part 3 INTERPRETING THE STANDARDS

Original text. Later amendments are not shown.

17The standards specified in Part 1 of this Schedule must be interpreted as follows.
18

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.

19A 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.
20

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).

21
(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 Senedd Cymru;

(ch)

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

(d)

the Senedd 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 Senedd” means standing orders made under section 31 of the 2006 Act;

(d)

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

22

For the purpose of standards 2, 16, 19, 20 and 21, a reference to—

  1. (a)

    publicity or advertising material being produced for an individual,

  2. (b)

    a form or document being available to registrants or individuals,

  3. (c)

    a form to be completed by an individual, or

  4. (ch)

    correspondence being sent to individuals,

means publicity or advertising material, documents, forms or correspondence whether or not it is also produced for, available to, to be completed by or sent to persons outside Wales.

23

In standard 6 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.

24For the purposes of the standards, “meetings” do not include legal proceedings.
25Standard 15 does not apply when the message that you announce over a public address system is made during an emergency or an emergency drill.
26Standard 17 does not apply to material displayed on a body’s website.
27
(1)

Subject to sub-paragraph (2), where a standard refers to material that is to be produced 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—

(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.

(2)

A body will not be treating the Welsh language less favourably than the English language if it does not send, display or circulate Welsh language material outside of Wales.

28
(1)

Standard 19 does not apply to the forms listed in sub-paragraph (2).

(2)

The forms are—

(a)

forms used by a body to recruit employees;

(b)

forms used when submitting a tender to enter into a contract with a body.

29For the purposes of standard 21, references to documents or other materials being available to individuals do not include documents or materials that are only available by virtue of the Freedom of Information Act 2000f3.
30Standard 21 does not apply to a document produced wholly or mainly for registrants.
31

Standards 21 and 22 do not apply to—

  1. (a)

    an enactment made by a body or to a draft enactment prepared by a body; or

  2. (b)

    any advertising material contained in a document, brochure, leaflet, pamphlet or card.

32

For the purposes of these standards “legal proceedings” means legal proceedings in relation to a registrant.

33For the purposes of standards 25 and 26 a body contacts a registrant for the first time when it contacts the registrant for the first time after the date on which a compliance notice has required the body to comply with the standard.
34For the purposes of standards 30 and 31 a registrant contacts a body for the first time when the registrant contacts the body for the first time after the date on which a compliance notice has required the body to comply with the standard.
35

Standards 33 to 34 (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 21 and 22 for specific provision in relation to documents and standard 16 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).

36Standards 1 to 4 (correspondence) do not apply to correspondence sent by social media (see standard 35 in relation to social media).
37

Standards 35 and 36 (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 21 and 22 for specific provision in relation to documents, and standard 16 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).

38

For the purposes of standards 37 and 38 a “notice” does not include notices prescribed by an enactment.

39
(1)

For the purposes of standard 41, 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 41 does not apply to the extent that an enactment requires a body to use a legal name.

Annotations

Footnotes

f1

1993 c. 38.

f2

2006 c. 32.

f3

2000 c. 36.