Contents
Part 1 · Gaelic
Chapter 1 · Support for the Gaelic language
Interpretation
13Interpretation: meaning of relevant public authority#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)In section 10 (interpretation), in subsection (2)—
(a)the “and” at the end of paragraph (b) is repealed,
(b)after paragraph (b) insert—“ba a post-16 education body within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,bb Scottish Rail Holdings,bc Scottish Water, and”
Areas of linguistic significance
4Areas of linguistic significance#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)After section 1 insert—“1A 1 An area may be designated as an area of linguistic significance under section 1B if—a the area contains a significant number of people with Gaelic language skills, orb the area does not contain a significant number of people with Gaelic language skills but—i the area is historically connected with the use of Gaelic,ii the area is one in which teaching and learning by means of the Gaelic language is provided, oriii the area is one in which significant activity relating to the Gaelic language or Gaelic culture takes place.2 For the purpose of subsection (1), an area contains a significant number of people with Gaelic language skills if at least 20% of the area’s population has Gaelic language skills.1B 1 A local authority may designate all or part of its area as an area of linguistic significance if it considers that the area falls within the description of an area of linguistic significance set out in section 1A(1).2 A local authority must, within the relevant period, consider whether all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a).3 In subsection (2), “relevant period” means—a the period of 1 year beginning with the day on which section 4(2) of the Scottish Languages Act 2025 comes into force,b each subsequent period of 5 years.4 If a local authority considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), the local authority must consider submitting a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area.5 If a local authority—a considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), andb decides not to submit a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area,the local authority must publicise the decision and its reasons for making it.6 Before making a designation, the local authority must—a consult the Bòrd, such persons as the local authority considers to be representative of communities in the area to which the proposed designation relates and such other persons as the local authority considers appropriate about the proposed designation,b take reasonable steps to publicise the proposed designation and its reasons for making it, andc submit the proposed designation to the Scottish Ministers.7 The Scottish Ministers may—a approve the proposed designation,b approve the proposed designation with any modifications they consider appropriate, orc reject the proposed designation.8 Where the Scottish Ministers intend to approve the proposed designation with modifications, they must consult the local authority before doing so.9 A designation must—a identify the area to be designated as an area of linguistic significance, andb specify the date on which the designation takes effect.10 A designation may be varied or revoked by the local authority at any time.11 Before varying or revoking a designation in relation to any part of its area, the local authority must—a consult the Bòrd, such persons as the local authority considers to be representative of communities in the area affected by the proposed variation or revocation and such other persons as the local authority considers appropriate about the proposed variation or revocation,b take reasonable steps to publicise the proposed variation or revocation and its reasons for making it, andc submit the proposed variation or revocation to the Scottish Ministers.12 The Scottish Ministers may—a approve the proposed variation or revocation,b approve the proposed variation or revocation with any modifications they consider appropriate, orc reject the proposed variation or revocation.13 Where the Scottish Ministers intend to approve the proposed variation or revocation with modifications, they must consult the local authority before doing so.14 A local authority must take reasonable steps to publicise—a the making of a designation and its effect,b any variation or revocation of a designation and its effect.15 The Scottish Ministers may give guidance to local authorities relating to their functions under this section.16 Guidance under subsection (15) may in particular relate to—a how to determine which areas may be designated as an area of linguistic significance,b factors to be taken into account in determining whether an area falls within the description of an area of linguistic significance set out in section 1A(1)(a),c the process for making such determinations.17 A local authority must have regard to any guidance given by the Scottish Ministers under subsection (15).18 In this section and sections 1C and 1D “local authority” has the meaning given in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.1C 1 The Bòrd may request a local authority to consider making a designation under section 1B.2 The Bòrd must request a local authority to consider making a designation under section 1B if the Bòrd considers that there is evidence of demand for a designation under section 1B by persons residing in the local authority’s area.3 If—a the Bòrd makes a request under this section, andb the local authority to which the request is made decides not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c),the local authority must publicise the decision and its reasons for making it.4 The Scottish Ministers may give guidance to the Bòrd and local authorities relating to their functions under this section.5 The Bòrd and local authorities must have regard to any guidance given by the Scottish Ministers under subsection (4).1D 1 Subsections (2) to (4) apply where, under section 1B(5) or section 1C(3), a local authority publicises a decision not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c) (“the decision”).2 The Scottish Ministers may require the local authority to reconsider the decision.3 If the Scottish Ministers make a requirement under subsection (2), the local authority must, within the period of 3 months beginning with the day on which the requirement is made—a reconsider the decision, andb after reconsidering the decision—i submit a proposed designation to the Scottish Ministers, orii confirm the decision.4 If the local authority confirms the decision, it must notify the Scottish Ministers of its reasons for confirming the decision.”
(3)In section 3 (Gaelic language plans)—
(a)in subsection (4), after paragraph (a) insert—“aa where the relevant public authority exercises functions in an area that has been designated under section 1B as an area of linguistic significance, set out the measures in relation to the use of the Gaelic language to be taken by the authority in connection with the exercise of its functions in that area,”
(b)in subsection (8), from “may” to the end substitute “may in particular—a make further provision about the required content of Gaelic language plans in respect of areas that have been designated under section 1B as areas of linguistic significance,”
Bòrd na Gàidhlig
2Functions of Bòrd na Gàidhlig#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)In section 1 (constitution and functions of Bòrd na Gàidhlig)—
(a)in subsection (2)—
(i)after paragraph (a) insert—“aa monitoring, and reporting to the Scottish Ministers on, compliance by relevant public authorities with their duties under this Act,ab advising and assisting (either on request or when it thinks fit) any person on matters relating to the development of the Gaelic language, Gaelic education and Gaelic culture in a particular area,”
(ii)paragraph (d) is repealed,
(b)in subsection (3)—
(i)for “securing the status of the Gaelic language as an official language of Scotland commanding” substitute “ensuring that the Gaelic language is treated with”,
(ii)before paragraph (a) insert—“za encouraging and supporting the use and understanding of the Gaelic language, with a particular focus on areas of linguistic significance,”
(iii)paragraph (b) is repealed,
(c)after subsection (3) insert—“3A The Bòrd must, on the request of a relevant public authority, provide the authority free of charge with assistance in relation to the application of this Act to the authority.3B In giving assistance under subsection (3A), the Bòrd must seek to give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the Gaelic and English languages should be accorded equal respect.3C In exercising its function under subsection (2)(ab), the Bòrd must in particular provide, or procure the provision of, advice, assistance and support to any person in the preparation of a plan for the development or promotion of the Gaelic language, Gaelic education and Gaelic culture in relation to a community in a particular area.”
(3)In schedule 1 paragraph 11(2) (general powers), for “8(9)” substitute “1(3A)”.
Enforcement of duties
12Power to enforce duties of relevant public authorities#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)After section 9 insert—“9A 1 If the Scottish Ministers are satisfied, either on complaint by any person interested or otherwise, that a relevant public authority has failed to discharge any duty imposed on it by or for the purposes of this Act, the Scottish Ministers may make an order—a declaring the authority to be in default in respect of that duty, andb requiring the authority before a date specified in the order to discharge that duty.2 If the relevant public authority has not discharged the duty by the date specified in the order under subsection (1)(b)—a the Scottish Ministers may make such arrangements as they see fit for the discharge of the duty, orb the Court of Session may, on the application of the Lord Advocate, order specific performance of that duty.”
Financial assistance for the promotion etc. of the Gaelic language
10Financial assistance for the promotion etc. of the Gaelic language#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)After section 7A (as inserted by section 9(6)) insert—“7B 1 The Scottish Ministers may give financial assistance to any person for the purposes of promoting, facilitating and supporting the use of the Gaelic language.2 In subsection (1), “financial assistance” includes grants and loans.3 Financial assistance under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit.”
Gaelic language plans
9Gaelic language plans#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)In section 3 (Gaelic language plans)—
(a)in subsection (3)—
(i)for paragraph (a) substitute—“a any national Gaelic language plan published under section 2 which is for the time being in effect,”
(ii)after paragraph (a) insert—“aa the most recent national Gaelic language strategy published under section 2A,”
(b)in subsection (5)—
(i)for paragraph (a) substitute—“a any national Gaelic language plan published under section 2 which is for the time being in effect,”
(ii)after paragraph (a) insert—“aa the most recent national Gaelic language strategy published under section 2A,ab the principle that the Gaelic and English languages should be accorded equal respect,”
(iii)in paragraph (e), the words “or the Bòrd” are repealed,
(c)in subsection (6), for “consult persons appearing to it to have an interest” substitute “consult—“a people with Gaelic language skills in relation to whom the authority exercises functions,b persons with an interest in the promotion of the Gaelic language, andc such other persons as the authority considers appropriate.”
(3)In section 4 (review of, and appeal against, notices)—
(a)in subsection (1), for “28 days” substitute “4 weeks”,
(b)in subsection (3), for “28 days” substitute “6 weeks”,
(c)in subsection (5), for “28 days” substitute “4 weeks”,
(d)in subsection (6), for “2 months” substitute “3 months”,
(e)in subsection (8), for “28 days” substitute “4 weeks”.
(4)In section 5 (approval of plans)—
(a)in subsection (1), after “must” insert “, within the period of 3 months beginning with the date on which the plan is submitted”,
(b)after subsection (1), insert—“1A A relevant public authority must provide the Bòrd with any additional information that the Bòrd requests following the submission of the authority’s Gaelic language plan.”
(c)in subsection (2)—
(i)the “and” immediately following paragraph (a) is repealed,
(ii)after paragraph (a) insert—“aa any additional information provided by the relevant public authority under subsection (1A), and”
(d)in subsection (3), for “one month” substitute “3 months”,
(e)in subsection (5), for paragraph (c) substitute—“c refer the matter to the Scottish Ministers if the Bòrd has not approved the plan under paragraph (a) or (b) by the later of—i the expiry of the period of 2 months beginning with the date on which the authority gave notice to the Bòrd under subsection (3)(a), andii the date on which the Bòrd considers that it will not be able to approve the plan under paragraph (a) or (b).”
(f)after subsection (5) insert—“5A If an authority fails to take any action under subsection (3), the Bòrd may—a approve the plan as originally submitted to the Bòrd, orb refer the matter to the Scottish Ministers.”
(g)in subsection (6), after “(5)(c)” insert “or (5A)(b)”,
(h)in subsection (8), after “(5)(c)” insert “or (5A)(b), as the case may be”.
(5)In section 6 (monitoring of implementation)—
(a)in subsection (2), for “Bòrd may require the authority to submit to it, by a date no earlier than 3 months after the date of the requirement,” substitute “authority must, before the expiry of the period of 15 months beginning with the date of the approval mentioned in subsection (1)(a), submit to the Bòrd”,
(b)after subsection (2) insert—“2A The authority must, before the expiry of each subsequent period of 12 months beginning with the date on which it submitted its most recent report to the Bòrd, submit to the Bòrd a further report on the extent to which the authority has implemented the measures set out in the plan.2B The Bòrd may publish, in such manner as it thinks fit, a report submitted to it under subsection (2) or (2A).”
(c)subsection (3) is repealed,
(d)in subsection (4), for “may” substitute “must publish and”,
(e)after subsection (4) insert—“4A On receipt of the report, the Scottish Ministers must lay a copy of the report before the Scottish Parliament.”
(f)for subsection (5) substitute—“5 On receipt of the report, if the Scottish Ministers accept the Bòrd’s conclusion, they must, if they consider it necessary or expedient to do so, direct the authority in question to implement any or all of the measures in its Gaelic language plan by the date specified in the direction.”
(g)in subsection (6), for “(5)(b)” substitute “(5)”.
(6)After section 7 insert—“7A 1 The Scottish Ministers may give guidance to relevant public authorities relating to Gaelic language plans.2 A relevant public authority must have regard to any guidance given by the Scottish Ministers under subsection (1).”
(7)Section 8 (guidance, assistance, etc. by the Bòrd) is repealed.
Land rights and responsibilities statement
14Land rights and responsibilities statement: regard to be had to supporting Gaelic#
(1)The Land Reform (Scotland) Act 2016 is modified as follows.
(2)In section 1 (land rights and responsibilities statement), in subsection (3), after paragraph (e) insert—“ea promoting, facilitating and supporting the Gaelic language,”
Scottish Ministers’ powers relating to research etc.
11Scottish Ministers’ powers relating to research etc.#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)After section 7B (as inserted by section 10(2)) insert—“7C The Scottish Ministers may, for the purposes of or in connection with the exercise of their functions under this Act—a conduct research and inquiries,b collect data and publish statistics or other information,c provide training,d encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c).”
Status of the Gaelic language
1Status of the Gaelic language#
(1)The Gaelic Language (Scotland) Act 2005 is modified as follows.
(2)Before section 1 and the italic heading immediately preceding it insert—“A1 1 The Gaelic language has official status within Scotland.2 Subsection (1) is given legal effect by—a the provisions in this Act conferring functions on Bòrd na Gàidhlig, the Scottish Ministers and other persons in relation to promoting, facilitating and supporting the use of the Gaelic language,b enactments relating to Gaelic education.3 Subsection (1) does not affect—a the operation of any other enactment or rule of law,b the status of any other language.4 In this section “enactment” has the meaning given in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.”
Chapter 2 · Education
Access to Gaelic education
26Transport to Gaelic medium education: application of Schools (Consultation) (Scotland) Act 2010#
(1)The Schools (Consultation) (Scotland) Act 2010 is modified as follows.
(2)In schedule 1 (relevant proposals), after paragraph 7 insert—“7A A proposal to discontinue arrangements for the provision of transport by the education authority for pupils in Gaelic medium education.”
(3)In schedule 2 (relevant consultees)—
(a)after paragraph 7 insert—“7A In relation to a proposal specified in paragraph 7A of schedule 1, the consultees are—a the persons mentioned in paragraph 11,b the Parent Council or Combined Parent Council of any affected school,c the parents of the pupils in Gaelic medium education at any affected school,d the parents of any children expected by the education authority to be in Gaelic medium education at any affected school within two years of the date of publication of the proposal paper,e the pupils in Gaelic medium education at any affected school (in so far as the education authority considers them to be of a suitable age and maturity),f the staff (teaching and other) at the Gaelic medium education provision of any affected school,g any trade union which appears to the education authority to be representative of the persons mentioned in sub-paragraph (f),h any other education authority that the education authority considers relevant.”
(b)in paragraph 11, for “Bòrd na Gàidhlig is also a consultee” substitute “the following persons are also consultees—a Bòrd na Gàidhlig,b the body known as Comann nam Pàrant (Nàiseanta).”
Assessments: Gaelic medium primary education
27Assessments: power to make different provision for different areas#
(1)The Education (Scotland) Act 2016 is modified as follows.
(2)In section 9 (initial assessments)—
(a)in subsection (7)(b), for “education authorities” substitute “areas of education authorities, or such parts of those areas,”,
(b)after subsection (7) insert—“7A Where the number specified in subsection (6) is to be read as a different number for different parts of a GMPE assessment area by virtue of regulations made under subsection (7)(b), the lowest number is to be read as applying to the whole of the GMPE assessment area.”
Functions of Scottish Ministers
15Duty of Scottish Ministers to promote Gaelic education#
(1)The Education (Scotland) Act 2016 is modified as follows.
(2)The title of Part 2 becomes “Gaelic education”.
(3)Before section 7 and the italic heading immediately preceding it insert—“6A 1 The Scottish Ministers must promote, facilitate and support—a the provision in schools of—i Gaelic learner education,ii Gaelic medium education, andb the teaching of the Gaelic language in the provision of further education by education authorities.2 The Scottish Ministers must in particular promote, facilitate and support the provision of adequate education resources in the Gaelic language for use in school education by teachers and pupils.”
(4)In section 18(2) (interpretation of Part 2), in the definition of “Gaelic language”, for “spoken” substitute “used”.
16Power for Scottish Ministers to set standards relating to Gaelic education#
(1)The Education (Scotland) Act 2016 is modified in accordance with subsections (2) and (3).
(2)After section 6A (as inserted by section 15(3)) insert—“6B 1 The Scottish Ministers may by regulations specify the standards and requirements to which an education authority must conform in discharging its functions—a relating to Gaelic learner education and Gaelic medium education in its provision of school education, andb relating to the teaching of the Gaelic language in its provision of further education.2 Regulations under subsection (1) may make different provision for different purposes and different areas (including different parts of the area of an education authority).3 In preparing regulations under subsection (1), the Scottish Ministers must consult—a Bòrd na Gàidhlig,b education authorities,c the body known as Comann nam Pàrant (Nàiseanta),d His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the 1980 Act),e the General Teaching Council for Scotland,f persons with an interest in the promotion of the Gaelic language and Gaelic culture,g persons with an interest in the publication of books and other resources in the Gaelic language, andh such other persons as they consider appropriate.4 The Scottish Ministers must publish the results of the consultation undertaken under subsection (3).”
(3)In section 18 (interpretation of Part 2), in subsection (1), after “education authority” insert—“• “further education,””
(4)The Gaelic Language (Scotland) Act 2005 is modified in accordance with subsection (5).
(5)In section 7A (as inserted by section 9(6)), after subsection (5) insert—“6 Where the authority required to prepare a Gaelic language plan under this Act is an education authority, the Scottish Ministers may give a direction to that authority relating to the application of the standards and requirements specified in regulations made under section 6B of the Education (Scotland) Act 2016 to the preparation of the plan.7 The Scottish Ministers may vary or revoke a direction given under subsection (6).8 An education authority must comply with a direction given to it under subsection (6).”
17Guidance to public authorities relating to Gaelic education#
(1)The Education (Scotland) Act 2016 is modified in accordance with subsections (2) to (6).
(2)After section 6B (as inserted by section 16(2)) insert—“6C 1 The Scottish Ministers must give guidance to Scottish public authorities relating to—a Gaelic learner education and Gaelic medium education,b the teaching of the Gaelic language in the provision of further education by education authorities,c the development of education mentioned in paragraphs (a) and (b).2 A Scottish public authority having functions relating to education must, to the extent that guidance under subsection (1) relates to those functions, have regard to any guidance given by the Scottish Ministers under subsection (1).3 In preparing guidance under subsection (1), the Scottish Ministers must consult—a Bòrd na Gàidhlig,b education authorities,c the body known as Comann nam Pàrant (Nàiseanta), andd such other persons as the Scottish Ministers consider appropriate.4 The Scottish Ministers must publish any guidance given under subsection (1).”
(3)In section 8(5)(a) (GMPE assessment areas), for “9 of the Gaelic Language (Scotland) Act 2005” substitute “6C”.
(4)In section 12(6)(b) (full assessments), for “9 of the Gaelic Language (Scotland) Act 2005” substitute “6C”.
(5)In section 15(6)(c) (duty to promote and support Gaelic medium education and learning), for “9 of the Gaelic Language (Scotland) Act 2005” substitute “6C”.
(6)Section 16 is repealed.
(7)The Gaelic Language (Scotland) Act 2005 is modified in accordance with subsection (8).
(8)Section 9 and the italic heading immediately preceding it are repealed.
18Production of school education resources in Gaelic#
(1)The Education (Scotland) Act 2016 is modified as follows.
(2)After section 6C (as inserted by section 17(2)) insert—“6D 1 When the Scottish Ministers produce any information, guidance or documents in the English language for use in school education by teachers or pupils, they must consider whether also to produce that material in the Gaelic language.2 The Scottish Ministers must, on request from an education authority, consider whether to produce a translation into the Gaelic language of any material of the type mentioned in subsection (1), including material produced before this section came into force.3 In this section, a reference to the Scottish Ministers producing material includes—a that material being produced, commissioned, procured or funded for or by the Scottish Ministers,b that material being updated.6E 1 The Scottish Ministers must keep under review the adequacy of education resources in the Gaelic language available for use in school education by teachers and pupils.2 The Scottish Ministers must from time to time prepare and publish a report setting out the steps they consider necessary to address any issues identified by the review.”
Further and higher education
31Conditions of grants to the Scottish Further and Higher Education Funding Council#
(1)The Further and Higher Education (Scotland) Act 2005 is modified as follows.
(2)In section 9 (funding of the Council)—
(a)in subsection (3)(c), for “9D” substitute “9E”,
(b)in subsection (11), for “or 9B” substitute “, 9B or 9E”,
(c)in subsection (12)(a), for “section 9D” substitute “sections 9D and 9E”.
(3)After section 9D insert—“9E 1 The Scottish Ministers may, under section 9(2), impose terms and conditions for the purpose of enabling, encouraging or increasing participation in fundable further education and fundable higher education in the Gaelic language and in Gaelic culture.2 In this section—• “Gaelic culture” includes the traditions, ideas, customs, heritage and identity of those who speak or understand the Gaelic language,• “Gaelic language” means Gaelic language as used in Scotland.”
32Review of status of Sabhal Mòr Ostaig#
(1)The Scottish Ministers must take such action as they consider appropriate to support the development of Sabhal Mòr Ostaig as the national centre for Gaelic language, education and culture in Scotland.
(2)In exercising their duty under subsection (1), the Scottish Ministers must conduct a review of the status of Sabhal Mòr Ostaig.
(3)The review must in particular consider—
(a)the funding of Sabhal Mòr Ostaig,
(b)whether Sabhal Mòr Ostaig should be designated under section 44(1) of the Further and Higher Education (Scotland) Act 1992, and
(c)any other action that may be taken to support the development of Sabhal Mòr Ostaig.
(4)The review must be completed within the period of 1 year beginning with the day on which this subsection comes into force.
(5)For the avoidance of doubt, the Scottish Ministers may, before the completion of the review, take any action they consider appropriate to support the development of Sabhal Mòr Ostaig.
(6)On completing the review, the Scottish Ministers must—
(a)publish a report on the review in such manner as they consider appropriate, and
(b)lay a copy of the report before the Scottish Parliament.
(7)Following the publication of the report on the review, the duty imposed by subsection (1) is discharged by the Scottish Ministers taking the actions to support the development of Sabhal Mòr Ostaig which are set out in the report.
(8)In this section, “Sabhal Mòr Ostaig” means the body with that name and with the company number SC361752.
Gaelic education qualifications
23Production of material relating to Gaelic education qualifications#
(1)The Education (Scotland) Act 2016 is modified as follows.
(2)After section 16A (as inserted by section 21(2)) insert—“16B 1 In exercising its function of devising qualifications, the Scottish Qualifications Authority must ensure that these qualifications include an appropriate number and range of qualifications available through the medium of the Gaelic language.2 In deciding what is an appropriate number and range of qualifications for the purpose of subsection (1), the Scottish Qualifications Authority must—a seek advice from—i the Scottish Ministers,ii Bòrd na Gàidhlig,iii such other persons with expertise or an interest in the Gaelic language as the Authority considers appropriate,b have regard to—i any advice received in response to a request under paragraph (a),ii any information the Authority has about the demand for qualifications in particular subjects or at particular levels.16C 1 When the Scottish Qualifications Authority produces information, guidance or documents in the English language for use in connection with qualifications it has devised, it must also produce equivalent material in the Gaelic language for such of those qualifications as are available through the medium of the Gaelic language.2 The Scottish Qualifications Authority must, on request from the Scottish Ministers, produce a translation into the Gaelic language of any material of the type mentioned in subsection (1), whether or not that material was produced before this section came into force.”
Part 2 · Scots
Chapter 1 · Support for the Scots language
Financial assistance for the promotion etc. of the Scots language
38Financial assistance for the promotion etc. of the Scots language#
(1)The Scottish Ministers may give financial assistance to any person for the purposes of promoting, facilitating and supporting the use of the Scots language.
(2)In subsection (1), “financial assistance” includes grants and loans.
(3)Financial assistance under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit.
Power for Scottish Ministers to give guidance
37Power for Scottish Ministers to give guidance#
(1)The Scottish Ministers may give guidance to relevant public authorities relating to—
(a)promoting, facilitating and supporting the use of the Scots language, including the different dialects of the Scots language used in different parts of Scotland,
(b)developing and encouraging Scots culture.
(2)In exercising its functions, a relevant public authority must have regard to any guidance given by the Scottish Ministers under subsection (1).
(3)In preparing guidance under subsection (1), the Scottish Ministers must consult—
(b)persons with an interest in the publication of books and other resources in the Scots language, and
(c)such other persons as they consider appropriate.
(4)The Scottish Ministers must publish any guidance given under subsection (1).
(5)In this section “Scots culture” includes the traditions, ideas, customs, heritage and identity of those who speak or understand the Scots language.
Scottish Ministers’ powers relating to research etc.
39Scottish Ministers’ powers relating to research etc.#
The Scottish Ministers may, for the purposes of or in connection with the exercise of their functions under this Chapter—
(a)conduct research and inquiries,
(b)collect data and publish statistics or other information,
(c)provide training,
(d)encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c).
Status of the Scots language
33Status of the Scots language#
(1)The Scots language has official status within Scotland.
(2)Subsection (1) is given legal effect by the provisions in this Act conferring functions on the Scottish Ministers and other persons in relation to promoting, facilitating and supporting the use of the Scots language.
(3)Subsection (1) does not affect—
(a)the operation of any other enactment or rule of law,
(b)the status of any other language.
(4)In this Part “Scots language” means the Scots language as used in Scotland.
Chapter 2 · School education
41Guidance to education authorities relating to Scots language education#
(1)The Scottish Ministers may give guidance to education authorities relating to Scots language education in schools.
(2)In exercising its functions relating to school education, an education authority must have regard to any guidance given by the Scottish Ministers under subsection (1).
(3)In preparing guidance under subsection (1), the Scottish Ministers must consult—
(a)persons with an interest in the promotion of the Scots language,
(b)persons with an interest in the publication of books and other resources in the Scots language, and
(c)such other persons as they consider appropriate.
(4)The Scottish Ministers must publish any guidance given under subsection (1).
Part 3 · Final provisions
47Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
(2)Regulations under this section may—
(a)make different provision for different purposes and different areas (including different parts of the area of an education authority),
(b)modify any enactment (including this Act).
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise are subject to the negative procedure.
(4)In this section and section 48 the following expressions have the meanings given by section 135(1) of the Education (Scotland) Act 1980—• “area,” in relation to an education authority,• “education authority”.
48Commencement#
(1)This Part comes into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes and different areas (including different parts of the area of an education authority).
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