Assembly powers tracking notes

Matter

Source

20.1  Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality. This matter does not include the use of the Welsh language in courts. This matter does not include imposing duties on persons other than the following— (a) public authorities; (b) persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;  (c) persons providing services to the public established by an enactment;  (d) persons established by prerogative instrument—  (i) to advance learning and knowledge by teaching or research or by developing or awarding qualifications;  (ii) to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;  (iii) to support, improve, promote or provide access to heritage, culture, sport or recreational activities;  (iv) engaged in promoting a wider knowledge and representing the interests of Wales to other countries;  (v) engaged in central banking;  (e) persons upon whom functions of providing services to the public are conferred or imposed by an enactment;  (f) persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;  (g) persons overseeing the regulation of a profession, industry or other similar sphere of activity;  (h) providers of social housing;  (i) persons providing the public with the following kinds of services or with other services which relate to any of those services— (i) gas, water or electricity services (including supply or distribution); (ii) sewerage services (including disposal of sewage); (iii) postal services and post offices; (iv) telecommunications services; (v) education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance; (vi) bus and railway services; (vii) services to develop or award educational or vocational qualifications; (j) persons opting or agreeing to be subject to the imposition of the duties.

With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.

A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—(a) that person also received public money in a previous financial year, or (b) a decision has been made that that person will receive public money in a subsequent financial year.

With regard to imposing duties in relation to paragraph (i)—(a) this matter only includes duties in respect of the services and the other related services mentioned, and (b) in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.

This matter does not include imposing duties about broadcasting.

This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.

National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010

Came into force: 11/02/2010

as above