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Tribunal

The Welsh Language (Wales) Measure 2011 makes provision to establish a Welsh Language Tribunal.

What is the Tribunal?

The purpose of the Tribunal is to give an organization the opportunity to appeal if it believes that one of the following aspects of the Welsh Language Commissioner’s work is unreasonable or disproportionate:

  • a requirement to comply
  • a standard
  • a penalty for failing to comply with a standard

A Tribunal can affirm, vary or annul the Commissioner’s decision.

How does the Tribunal work?

Welsh Ministers will appoint members of the Tribunal. The Tribunal will need to include:

  1. the President of the Welsh Language Tribunal
  2. legal members
  3. lay members

The Tribunal will draw up the “Welsh Language Tribunal Rules”, specifying the rules regarding its practice and procedures.

An appeal must be made to the Tribunal within 28 days of the Commissioner’s notification.

Powers of the Tribunal

If an organization makes an appeal to the Tribunal on the grounds that it did not fail to comply with the relevant requirement, the Tribunal may:

  • affirm the Commissioner's determination
  • annul the Commissioner's determination

If an organization makes an appeal to the Tribunal on the grounds that the enforcement action is unreasonable or disproportionate, the Tribunal may:

  • affirm the enforcement action
  • vary the enforcement action
  • annul the enforcement action

The Tribunal will be able to enforce a decision on an organization.

If the Commissioner, or the organization, wishes to appeal further on a question of law arising from the decision, it may do so to the High Court with the permission of the Tribunal or the High Court.

More information is available on the Welsh Government website (link on the right).

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