Helping you understand Welsh law

Other considerations

Other considerations

Public authorities in Wales must also comply with a number of statutory duties. They include duties imposed by:

  • the Human Rights Act 1998
  • the Equality Act 2010
  • the Well-being of Future Generations (Wales) Act 2015
  • the Data Protection Act 1998
  • the Freedom of Information Act 2000
  • the Welsh Language (Wales) Measure 2011

The full PDF of this document provides guidance to public authorities in Wales on compliance with these duties. However, public authorities in Wales may also have to comply with further, subject specific, duties and considerations, depending on the context of the decision or action that they are proposing to take. One example is that the Welsh Ministers, and any person exercising functions under the Social Services and Well-being (Wales) Act 2014, must have due regard to the United Nations Convention on the Rights of the Child. Another example is that a public authority must, under the Environment (Wales) Act 2016, seek to maintain and enhance biodiversity in the exercise of its functions in relation to Wales.

A public authority’s failure to comply with some of these duties may lead to judicial review proceedings. The full PDF of this document includes details of the possible consequences of failures to comply with the Data Protection Act 1998, Freedom of Information Act 2000 and the Welsh Language (Wales) Measure 2011, although these are less likely to lead to judicial review challenges. Instead, those Acts provide for specific remedies (e.g. for decision reports to be issued by the Information Commissioner/Welsh Language Commissioner and for particular monetary penalties).

Public authorities in Wales must also comply with European Union (“EU”) law, and a failure to do so may lead to a decision being challenged on the grounds that it is unlawful. Despite the result of the referendum held in the UK on 23 June 2016 on the UK’s membership of the EU, public authorities remain under a duty to comply with EU law and any failure to do so will remain challengeable in the domestic courts until such time as EU law does not apply in the UK.

For more about EU law see here:

 


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