Challenge and appeal

The first step is to submit a challenge to the Commissioner.   

This can be done either before or after the ‘imposition day’ – the date the requirement for the standard in question comes into force.  

An organisation must use the Commissioner's application form to submit a challenge and show that a requirement is unreasonable or disproportionate.  

There is a form for challenging a duty not yet imposed (future duty) and another form for challenging a duty that has already been imposed (present duty).   

Under the Welsh Language Measure, the Commissioner can decide to refuse to accept an application challenging an existing duty for two reasons: 

• that there has been no substantial change in the circumstances of the organisation since the day the requirement came into force; or 
• there has been no substantial change in the circumstances of the organisation since a previous application (if applicable). 

If the Commissioner considers refusing the application, the Commissioner will inform the organisation giving reasons and giving the organisation an opportunity to respond.  

If the application is accepted, the Commissioner will assess the application and consider any evidence that has been submitted. The Commissioner will consult on the determination. 

The Commissioner can determine: 

• that the requirement is unreasonable or disproportionate; or 
• that the requirement is not unreasonable or disproportionate. 

If the Comissioner determines  that the requirement to comply is unreasonable or disproportionate, the Commissioner will do one of the following:  

• nullify the compliance notice; 
• nullify the compliance notice and serve a new compliance notice; 
• vary the current compliance notice. 

If the Commissioner determines that the requirement to comply is not unreasonable or disproportionate, the organisation has a right to appeal to the Welsh Language Tribunal.