At times, a third party will provide services or carry out an activity on behalf of organisations. When that happens, the duties under the standards continue to exist. Here are a series of frequently asked questions to explain more on this:
Do organisations have to comply with the standards when a third party acts on their behalf?
Yes. Organisations must comply with the standards if a third party is acting on their behalf.
Please note that some Regulations have exceptions which may mean that compliance is not necessary in certain circumstances. It is the organisation’s responsibility to confirm the impact of any exceptions.
What are the legal requirements?
Section 1 in each set of the Welsh Language Standards Regulations sets out the requirements.
If a third party carries out an activity or provides a service, which is:
- on behalf of the body under a duty to comply with the standards, and
- under arrangements made between the body and the third party
The body must ensure that the third party complies with the standards relevant to that service.
If the third party does not comply with the relevant standards, the body would be responsible for failing to comply with those standards.
What does this mean?
There are two elements to this regulation, namely 'any activity carried out by a body', and 'any service provided by a body'. When either of these elements occurs 'on behalf of' an organisation, the duty to comply with the standards remains.
The clauses in the Regulations make it clear that a body that falls under the standards cannot avoid its duty by having a third party provide the service or carry out the activity on its behalf.
Does it apply only to the service delivery standards?
No, it may apply to all other categories of standards (policy making standards, operational standards, record keeping standards).
Do third parties need to comply with all standards?
No. An organisation must ensure that a third party complies only with the standards relevant to the service it provides on behalf of the body.
For example, if a third party provides leisure services on behalf of an organisation, then any standard that applies to that leisure service will apply, whether that is a service delivery standard or any other category of standard. That means that the duty to comply exists when recruiting staff to provide that leisure service.
What if there is no relevant clause in the agreement with the third party?
The lack of a clause in an agreement with a third party does not mean that the duty to comply does not exist. It is the organisation’s responsibility to ensure that parties acting on its behalf do so in a way that complies with the relevant standards.
Do the arrangements have to be in the form of a formal agreement?
No. This can include any arrangements made between a body and a third party. Arrangements do not have to be in writing or have a specific title. What matters is the effect of the arrangement and that it means that the third party is intended to provide the service on behalf of the body.
What if arrangements with the third party have been made before the standards come into force?
The standards apply to a service provided by a third party if arrangements have been made prior to the day of setting the standards. A body must therefore take steps to ensure that the third party complies with the requirements of the standards from the day in which they come into force.
