Replacing the typeface and dual column format presentation of printed Welsh Statutory Instruments: Welsh Language impact assessment

1. The Welsh Government has committed to modernising the form and structure of Welsh legislation. In relation to statutory instruments this includes adopting a new typeface and format used for publishing (in printed form) Welsh statutory instruments (see paragraphs 28(c) of the Welsh Government’s Programme to improve the accessibility of Welsh law).

Current and future position regarding publication

2. Prior to the enactment of the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 there was no legal concept of a “Welsh statutory instrument”, but instead “statutory instruments” made by or on behalf of the Welsh Ministers (or a devolved Welsh authority - within the meaning given by section 157A of the Government of Wales Act 2006) are printed in a format that has a header block entitled “Welsh Statutory Instrument”. They form part of something (informally) known as the ‘UK statutory instruments series’ and are numbered accordingly.

3. The requirements relating to the publication of Statutory Instruments made by the Welsh Ministers are set out in the Statutory Instruments Act 1946 (the 1946 Act) and the associated Statutory Instruments Regulations 1947 (the 1947 Regulations - the 1946 Act applies to the Welsh Ministers, and instruments made by them, by virtue of section 11A of that Act). Responsibility for publication sits with the King’s Printer of Acts of Parliament.

4. As a result of the 2025 Act, amendments made to the Legislation (Wales) Act 2019 relating to “Welsh statutory instruments” will come into force from 1 January 2026. In consequence, future Acts of the Senedd will provide that subordinate legislation made under them is to be made as a “Welsh statutory instrument” as opposed to by “statutory instrument” (which will attract the relevant aspects of new Part 2B of the 2019 Act as to the numbering, publication and preservation of such instruments).

5. The changes also ensure that existing powers in Acts, exercisable by the Welsh Ministers or a devolved Welsh authority, to make subordinate legislation in the form of a statutory instrument will in future be exercised in the form of a Welsh statutory instrument.

6. Part 2B of the 2019 Act makes provision to formalise the process for publishing Welsh legislation by conferring functions on a King’s Printer for Wales. The functions of the King’s Printer for Wales to publish Welsh statutory instruments and related documents are to be exercised by the King’s Printer of Acts of Parliament.

7. Where this impact assessment refers to “statutory instruments” this is a reference to the instruments made by the Welsh Ministers that attract the requirements of the 1946 Act and 1947 Regulations (unless the context requires otherwise); reference to “Welsh statutory instruments” are to the arrangements in place from to 1 January 2026.

Publication of statutory instruments

8. As a result of the 1946 Act, Statutory Instruments are printed by the King’s Printer. In practice The National Archives on behalf of the King’s Printer has awarded a publishing services contract to The Stationery Office, part of Williams Lea. This legislation contract sets out the specifications and timescales that need to be adhered to for the publication of legislation and associated items both digitally and in print.

9. The original (as enacted or made) and revised versions of legislation on the legislation.gov.uk website are published by and under the authority of the Controller of HMSO. The website is managed by The National Archives.

10. Statutory instruments made by the National Assembly (in its former guise) and subsequently the Welsh Ministers are available to view on legislation.gov.uk as a pdf of “the King’s Printer version” – this is the as made and certified version of the instrument. It is the version for printing and appears in the annual volume of SIs. The reference here to “printing” means the (vanishingly few in number) paper copies physically printed for distribution to the “legal libraries” and for sale, and a pdf version of such a print available to download via legislation.gov.uk

11. Since 1999 statutory instruments made by the National Assembly, and subsequently the Welsh Ministers, have been printed in a dual column format. The Welsh language text of the legislation appears on the left-hand side of the page and the English language text appears on the right. The 2 columns are printed side by side on the same page, enabling readers to view both languages simultaneously.

12. However, statutory instruments are also available to view online in HTML format on legislation.gov.uk. The HTML version allows the user to access the instrument at various points in time if it has been amended since being made. Users are therefore able to view statutory instruments not only “as made” (i.e. in their original form) but also in their most recent version, incorporating any amendments made by amending instruments (points in time versions are also available in the HTML version – showing how the law stood at any particular date). It is this HTML version, invariably, that is used by readers of legislation on the site.

13. The opportunity to choose a new format and typeface for Welsh statutory instruments has now arisen due to the enactment of the 2025 Act. This is also an opportunity to modernise the appearance of this legislation to make it more appropriate for a digital based system of accessing legislation.

14. As noted in the Explanatory Memorandum to the Legislation (Procedure, Publication and Repeals) (Wales) Bill (an Explanatory Memorandum was originally prepared for consideration by the Senedd alongside the Bill - this has now been revised and updated to reflect the final form of the 2025 Act and is available at: Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 - Explanatory Memorandum), governments and departments in the UK government are charged fees at the rate set out in the publishing contract operated by the publication concessionaire. All general statutory instruments made by the Welsh Ministers incur a printing and typesetting charge, this is because there is a manual process involved in creating the dual column format. By way of example, the charge to the Welsh Government of a six-page instrument at the current time is £420.50. Whereas, in most cases, Scottish Statutory Instruments for example do not have typesetting charges and therefore, regardless of the size of the instrument, the single charge of £320.00 currently would be made. Note these fees are due to increase by approximately 9% from 1 September 2025 (and a further 9% the following year). See Table 7 in the Explanatory Memorandum for a fuller breakdown.

15. One of the benefits of not adopting a dual column format for Welsh statutory instruments is expected to be a reduction in (if not possibly an end to) the costs of the typesetting charges that fall to the Welsh Government.

16. The current typeface for printed instruments is Times New Roman; a serif typeface originally commissioned for The Times newspaper. The main provisions of the legislation are set out in 12pt characters, with certain headings and other features in large points; bold and italics are also utilised to help break up the text and aid the reader to follow the legislation.

17. The National Archives, on behalf of the King’s Printer, presented 3 main options for the format of Welsh statutory instruments and proposed a new typeface. More information on the options and our analysis of these at the end of this assessment.

18. With effect from 1 January 2026 Welsh statutory instruments will be published in print version in full column format, with the Welsh language text appearing first (in full) followed by the English language text of the instrument. Both languages will be in the same document.

19. The typeface for printed instruments will be Helvetica; a sans serif typeface known for its usage across a range of media (print, displays, film) and neutrality of presentation. We would continue to use 12pt characters, with certain headings and other features in larger sized points; with bold and italics utilised to help break up the text and aid the reader to follow the legislation.

20. No changes will be made to the HTML publication versions.

21. It is recognised that the dual column format has, for many years, provided users – particularly legal professionals and those directly affected by the legislation – with the ability to compare Welsh and English texts instantly and conveniently. Moving away from this format represents a significant change, and some users may feel that an important feature is being lost. It was important to therefore assess the impact of these changes on the Welsh language and this has been done used the Welsh Government’s standard “Welsh language impact assessment” tool – the findings are set out in Annex A.

22. The number of printed copies purchased has declined sharply in recent years, with actual sales now vanishingly small. This trend reflects a broader shift towards digital access, and maintaining the dual column format for a print product that is rarely used can no longer be justified given the significant manual typesetting costs involved.

23. While PDF copies of legislation are available, they represent only the ‘as made’ version and do not reflect subsequent amendments. In contrast, the HTML version on legislation.gov.uk is continuously updated to show the current state of the law, making it the most valuable (and to an extent, authoritative) resource for users seeking up-to-date legal information. Generally speaking therefore, the impact of this change is primarily those who:

1. wish to see both languages side-by-side
2. prefer reading a pdf or (in very rare cases) a published paper copy, and
3. know that the legislation they are reading has not been amended by a later enactment.

24. In practice, most legislation is read in HTML (browser based) format. It is technically possible to recreate the dual-column format when reading the HTML version of legislation, allowing users to view Welsh and English texts side by side. However, we need to work with The National Archives to encourage the prioritisation of developing functionality on legislation.gov.uk, so that this can be done more easily. This would mean the benefits of side-by-side text being expanded so that it would be conveniently available in up-to-date form for the first time. This is what would have the most benefit for the Welsh language and would properly reflect the equal status of both languages.

Question 1: Does the proposal demonstrate a clear link with the Welsh Government’s strategy for the Welsh language? – Cymraeg 2050 A million Welsh speakers and the related Work Programme for 2017-2021?

There are no immediate links between the proposed changes for printed Welsh statutory instruments and Cymraeg 2050 and the related Work Programme.

Question 2: Describe and explain the impact of the proposal on the Welsh language, and explain how you will address these impacts in order to improve outcomes for the Welsh language. How will the proposal affect Welsh speakers of all ages (both positive and/or adverse effects). You should note your responses to the following in your answer to this question, along with any other relevant information:

Question 2(a): How will the proposal affect the sustainability of Welsh speaking communities (both positive and/or adverse effects)? - these can be close-knit rural communities, dispersed social networks in urban settings, and in virtual communities reaching across geographical spaces.

Because this is about the publication of printed Welsh statutory instruments generally, rather than legislation on particular topics, it is not considered these changes will have a positive or adverse effect on Welsh speaking communities.

But it is recognised that the dual column format has, for many years, provided users – particularly legal professionals and those directly affected by the legislation (both in Welsh speaking communities and more widely) – with the ability to compare Welsh and English texts instantly and conveniently. Moving away from this format represents a significant change, and some users may feel that an important feature is being lost.

In the new format design the Welsh language text of the legislation will appear in advance of the English text. This could have a positive impact on the language and be a benefit to Welsh speaking communities and other who will be able to immediately access the Welsh text of the legislation.

Question 2(b): How will the proposal affect Welsh medium education and Welsh learners of all ages, including adults (both positive and/or adverse effects)?

It is not considered that there will be a significant impact on Welsh medium education across all ages – this is because both language texts of legislation will continue to be available.

For students (including Welsh language learners) the immediate comparison between language texts of a printed document may be slightly harder to achieve. However, it will be possible for the 2 language texts of the printed document to be placed side by side and a similar effect achieved and therefore this potential adverse impact is not considered to be significant. Placing the texts side-by-side may prove slightly inconvenient if the page count is long. However, this is quite rare as the average page count of statutory instruments made by or on behalf of the Welsh Ministers in the 2024-2025 financial year is nine pages. In addition to this, most paragraphs and sections in statutory instruments are numbered which should allow for easier cross referencing where this is applicable.

The Welsh language text of the legislation in the King's Printer version will appear first, so it is anticipated this will promote the availability of that text to students and educators.

We note that should students wish to compare both language versions side by side electronically, this will be possible using the HTML version on legislation.gov.uk and use the split screen feature to do so, or open the King's Printer version via split screen.

Question 2(c): How will the proposal affect services available in Welsh (both positive and/or adverse effects)? (e.g. health and social services, transport, housing, digital, youth, infrastructure, environment, local government, etc.) - the Welsh Language Strategy aims to increase the range of services offered to Welsh speakers, and to see an increase in use of Welsh-language services.

The proposal will not impact services available through the Welsh language as the legislation will continue to be prepared, made and printed in both languages for service providers to refer to.

Question 2(d): How will you ensure that people know about services that are available in Welsh and are able to access and use them as easily as they can in English? What evidence / data have you used to inform your assessment, including evidence from Welsh speakers or Welsh language interest groups?

The ‘service’ of publishing Welsh statutory instruments is managed by the King’s Printer for Wales. From their website (legislation.gov.uk) it is possible to view information and access individual enactments using the Welsh language aspects of the site; where legislation has been made bilingually, the Welsh language texts of the legislation can also be accessed. There is no difference in functionality or accessibility between the Welsh and English texts. It is possible to print a copy of the King’s Printer version of legislation from the site (and where this is bilingual legislation, currently the dual column format prints; in future the new format version will print for all instruments published after these changes come into effect).

The King’s Printer version of a bilingual legislation has always been printed in both languages. Therefore, from a linguistic perspective, the proposed change is simply a retention of the status quo. However, by now ensuring the Welsh language text appears first in the document there is no diminution of the accessibility of the Welsh text.

Question 2(e): What other evidence would help you to conduct a better assessment?

Separate user research undertaken by the Welsh Government with a focus group of Welsh and English language speakers may have been helpful to conduct this assessment, however from work undertaken by The National Archives on accessing Welsh language legislation we understand the main area of interest is digital accessibility. This is why efforts have been made by The National Archives to improve the accessibility and layout of the legislation.gov.uk website in recent years.

We understand from The National Archives there is negligible interest in the printed version of legislation nowadays. We are advised that the number of printed copies purchased has declined sharply in recent years, with actual sales now vanishingly small. This trend reflects a broader shift towards digital access.

Question 2(f): How will you know if your policy is a success?

1. Users continue to access the printed version of legislation – although actual sales are very low, as noted earlier it is also possible to obtain a copy of the King’s Printer version through the legislation.gov.uk website – something which can be monitored by The National Archives if needs be).
2. Feedback from The National Archives - all users should be able to engage with the King's Printer version of legislation in their preferred language, using their relevant accessibility tools. Therefore, we can also judge its success on whether or not users contact The National Archives to share whether they are struggling to access the Welsh language legislation in the new format, or if it does not work with any accessibility tools they may use.

Additional information

25. The National Archives presented three options that could be used to print bilingual legislation:

1. Option A: producing 2 separate documents (one containing the Welsh language text, the other the English language text) and for these to be sent out as one item when print copies are purchased. A user could only buy the instrument as a complete set, not one language text of the instrument.
2. Option B: an interleafed version of the texts in a single document (page 1 containing the Welsh language text, page 2 the corresponding English language text, page 3 the next page of Welsh language text, and so on)
3. Option C: a single document containing the two texts sequentially (Welsh language text first, the English language text second)

26. Option A was discounted by us firstly on the grounds of cost to the end user: under the printing contract users are charged a fee, based on the number of pages, for purchasing printed copies of legislation. If the instrument was published as 2 separate documents of say 30 pages each, this would work out more expensive than one single instrument of 60 pages. Secondly, we considered it could affect the perception and understanding that it is both language texts that comprise the regulations, order, rules, etc. It is not the case that the instrument is made in Welsh and also in English (or vice versa), the instrument is made bilingually and both language parts comprise the legislation.

27. Option B was initially attractive, as it would provide for language texts to be next to one another and it would mirror the approach taken for the mixed language version of printed Acts of Senedd Cymru. However upon fuller exploration with The National Archives it became apparent that there would likely still be some manual typesetting involved and therefore the desired cost savings would not be achieved.

28. Option C is considered to be the most cost and time effective, whilst also ensuring that requirements around accessibility and equal treatment of the Welsh and English language text are met. This balance was crucial to achieve. The primary reason for moving away from the dual column format was to print legislation in a more cost-effective way.

29. Under “option C” the printed publication of instruments will continue to contain the Welsh language text and no extra steps for readers are being added to the process of accessing the Welsh text of the instrument. Indeed, the Welsh language text will appear first in the King’s Printer/as made version. This is in line with common practice in the Welsh Government and the Welsh Language Standards, established under the Welsh Language (Wales) Measure 2011. This approach also ensures that users will continue to be able to access legislation in the Welsh language and avoids any perception that legislation is made separately in the 2 languages. This method of printing will continue to provide the reader with the choice of reading instruments in their preferred language as both versions of the text are treated equally.

30. There is a risk that users may not immediate realise both language texts are contained within a single document, but we consider this can be offset by use of a cover sheet that uses both languages.

31. It should also be remembered that the legislation will continue to be available to view on legislation.gov.uk in HTML format. The user can utilise the split screen function to open the English and Welsh HTML legislation and read them side by side. There is also the option of opening 2 King's Printer versions in separate tabs on a computer screen and use the split screen feature to view both languages side by side.