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• 01 Nov 2024

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  Legislation in Wales is drafted in both Welsh and English. Both language texts have equal standing.

  Guidance as to the proper approach to take was provided by the Court of Appeal in R (Driver) v Rhondda Cynon Taf County Borough Council [2020] EWCA Civ 1759. From that decision, the following principles emerge:

  1. Where legislation is enacted in both languages and the parties submit that there is or may be a “conflict, difference or distinction” between the two languages, then a detailed analysis of both may be necessary.
  2. Where the court concludes that that there is a conflict, difference or distinction, then it must consider both languages and all permissible external sources (eg White Papers, consultation papers etc) with the aim of identifying the purpose of the legislation and must then seek to give effect to that purpose. 
  3. Where it is not suggested that the language differs in meaning across the two versions, the court can work from either version, safe in the knowledge that either properly reflects the intention of the legislature. 
  4. In considering either language version, the normal principles of statutory interpretation apply.

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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