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An organization’s right to appeal

 

The Welsh Language Tribunal (the Tribunal) was established by the Welsh Language (Wales) Measure 2011 to deal with appeals and requests for review of some of the Welsh Language Commissioner’s decisions.
 
An organization may appeal to the Tribunal if it is not satisfied with the Commissioner’s determination that the organization has failed to comply with a standard, following an investigation into a failure by the Commissioner. An organization may also appeal against any enforcement action stipulated by the Commissioner, on the basis that it is unreasonable or disproportionate
 
Making an appeal
Usually, an organization must make an appeal to the Tribunal within 28 days of publication of the Commissioner’s determination and the submission of a decision notice to the organization. The Tribunal may either

  • affirm or annul the Commissioner’s determination, or
  • affirm, vary or annul the enforcement action.


High Court
If the organization or the Commissioner believes that the Tribunal has made an error on a point of law, they may appeal to the High Court. The High Court may either confirm the Tribunal’s decision or set it aside. If it sets the Tribunal’s decision aside, it must either return the case to the Tribunal to reconsider, or make a new decision.


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