19.This section makes provision in relation to how to calculate the number of Welsh speakers for the purposes of sections 1 and 2.
20.Under section 3(1) regulations by the Welsh Ministers must state the sources of data to be used to calculate the number of Welsh speakers, and consideration must be given to any relevant data derived from a census conducted in accordance with the Census Act 1920. Section 3(2) states that a self-assessment (that is, a person’s own assessment of their ability in Welsh) is the basis of a decision on whether a person is a Welsh speaker for persons aged 17 and over. For children under the age of 17 this will be decided either on the basis of a self-assessment, or an assessment by a parent or carer. The Welsh Ministers may also, by regulations, specify a different method of deciding whether a child under the age of 17 is a Welsh speaker for the purposes of section 1 and 2, and specify whether that method is to be used in addition to, or instead of, the self-assessment or assessment by a parent or carer.
21.Section 3(4) to (6) makes provision in relation to the preparation and publication of guidance on assessments. These will assist individuals to complete assessments, including a self-assessment of their ability in Welsh, and such guidance will also assist when collecting data on the number of Welsh speakers. The Welsh Ministers are required to consider the Code on describing Welsh language ability under section 6 when preparing the guidance.
Commentary on Sections Part 1 – Promotion and Facilitation of Use of the Welsh Language Section 3 - Calculating the number of Welsh speakers