SL(6)213 – The Welsh Language Standards (No. 8) Regulations 2022

Background and Purpose

The Welsh Language (Wales) Measure 2011 (“the Measure”) makes provision for the specification of standards of conduct in relation to the Welsh language (“standards”). These replace the system of Welsh language schemes provided for by the Welsh Language Act 1993.

The Welsh Language Standards (No. 8) Regulations (“the Regulations”) specify service delivery standards; policy making standards; operational standards; and record keeping standards. The Regulations make the standards specifically applicable to a person listed in Schedule 6 (“the bodies”). The Welsh Language Commissioner is authorised to issue Compliance Notices to those bodies in relation to the standards specified, subject to certain exceptions set out in regulation 3(2). Those bodies are:

· General Chiropractic Council

· General Dental Council

· General Medical Council

· General Optical Council

· General Osteopathic Council

· General Pharmaceutical Council

· Health and Care Professions Council

· Nursing and Midwifery Council

· Professional Standards Authority for Health and Social Care

These Regulations follow the Welsh Language Standards (No.7) Regulations 2018 (“the 2018 Regulations”), which specified standards in relation to the conduct of Local Health Boards, National Health Service Trusts in Wales, Community Health Councils and the Board of Community Health Councils in Wales. Usually a number in the name of one of a series of Statutory Instruments refers to the number made in the particular year. In this case the number refers to the whole series of Standards Regulations, continuing on from the 2018 Regulations, in the same manner as commencement orders are numbered.

These Regulations use the Welsh alphabet in the Welsh version and the English version, because of the nature and subject matter of the Regulations. This style is different to the usual numbering style adopted in subordinate legislation made by the Welsh Ministers.

The Welsh Ministers held a public consultation on draft Welsh Language Standards Regulations between 16 March 2020 and 2 October 2020. Due to the Covid pandemic, the consultation was extended so that all those with an interest in the draft Regulations had an opportunity to share their views. The Regulations will come into force on 31 October 2022, should the Senedd approve the draft Regulations.

Procedure

Draft Affirmative

The Welsh Ministers have laid a draft of the Regulations before the Senedd. The Welsh Ministers cannot make the Regulations unless the Senedd approves the draft Regulations.

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny  

The following point is identified for reporting under Standing Order 21.3 in respect of this instrument.

1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd

Each Schedule is introduced by a specific regulation, and each Schedule refers back to that specific regulation. However, the Schedules to these Regulations refer back to the incorrect regulations.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

21 June 2022