Enforcement policy

Short introduction to the content of the enforcement policy 

The enforcement policy provides comprehensive advice and information to anyone who wants to know how the Commissioner intends to carry out his enforcement work.

It explains how the Commissioner will treat allegations of failure to comply with Welsh language standards and what action he will be most likely to take in different circumstances. It also provides information on the principles and processes he will follow as he undertakes his enforcement work.

The policy covers investigations. If an organisation is suspected of failing to comply with one or more standards imposed on them, the Commissioner may conduct a statutory investigation into the matter. Following a statutory investigation, the Commissioner will determine on the basis of the conclusions of an investigation.

The policy explains how the Commissioner will operate if he finds a failure or not: 

If the Commissioner considers that an organisation has not failed to comply with a standard, under section 76 of the Measure, he may decide:

• to take no further action, or;
• to give advice and/or recommendations to the organisation or any other person.

The Commissioner can: 

• require an organisation to prepare an action plan for the purpose of preventing the continuation or repetition of the failure;
• require an organisation to take specific steps for the purpose of preventing a failure from continuing or repetition of the failure;
• publicising an organisation's failure to comply with Welsh language standards;
• require an organisation to publicise its own failure to comply with Welsh language standards;
• impose a civil penalty on the organisation up to a maximum of £5000;
• give recommendations to the organisation or any other person;
• give advice to the organisation or any other person;
• seek to enter into a settlement agreement with the organisation.

There is a statutory process involved in producing the enforcement policy, and this policy has received the approval of the Welsh Ministers.