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Gaelic Language (Scotland) Act 2005

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This is the original version (as it was originally enacted).

3Gaelic language plans

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(1)The Bòrd may give a notice in writing to any relevant public authority requiring the authority to prepare a Gaelic language plan.

(2)The notice must—

(a)state that the authority is required to prepare a Gaelic language plan in accordance with this section and submit it to the Bòrd,

(b)specify a date (being no earlier than 6 months after the date the notice was given) by which the authority must submit the plan to the Bòrd, and

(c)inform the authority of its rights under section 4 to request a review and to appeal to the Scottish Ministers.

(3)In deciding whether to give a notice under subsection (1) to an authority, the Bòrd must have regard to—

(a)the most recent national Gaelic language plan published under section 2 (if any),

(b)the extent to which—

(i)the Gaelic language is used by persons in relation to whom the functions of the authority are exercisable, and

(ii)in the Bòrd’s opinion, there is potential for the authority to develop the use of the Gaelic language in connection with the exercise of those functions,

(c)any representations made to it in relation to the use of the Gaelic language in connection with the exercise of those functions, and

(d)any guidance given by the Scottish Ministers.

(4)A Gaelic language plan must—

(a)set out the measures to be taken by the relevant public authority in relation to the use of the Gaelic language in connection with the exercise of the authority’s functions,

(b)specify the date by which the measures are to be taken, and

(c)contain such other information as may be prescribed in regulations made under subsection (7).

(5)A relevant public authority, in preparing a Gaelic language plan, must have regard to—

(a)the most recent national Gaelic language plan published under section 2,

(b)the extent to which the persons in relation to whom the authority’s functions are exercisable use the Gaelic language,

(c)the potential for developing the use of the Gaelic language in connection with the exercise of those functions,

(d)any representations made to the authority in relation to the use of the Gaelic language in connection with the exercise of those functions, and

(e)any guidance given by the Scottish Ministers or the Bòrd.

(6)In preparing a Gaelic language plan, a relevant public authority must consult persons appearing to it to have an interest.

(7)The Scottish Ministers may, after consulting the Bòrd, by regulations make further provision in relation to the content of Gaelic language plans.

(8)Those regulations may make different provision for different purposes or for different types of authority.

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