Gaelic Language (Scotland) Act 2005

3Gaelic language plansS

This section has no associated Explanatory Notes

(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—

[F1(a)any national Gaelic language plan published under section 2 which is for the time being in effect,]

(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,

[F2(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)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—

[F3(a)any national Gaelic language plan published under section 2 which is for the time being in effect,]

[F4(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,]

(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 [F5consult—

(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, and

(c)such other persons as the authority considers appropriate.]

(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 [F6may make different provision for different purposes or for different types of authority] [F6may 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,]

Textual Amendments

F2S. 3(4)(aa) inserted (21.3.2026 for specified purposes) by Scottish Languages Act 2025 (asp 10), ss. 4(3)(a), 48(2); S.S.I. 2026/128, reg. 2(1)

F4S. 3(5)(aa)(ab) inserted (30.11.2025 for the insertion of s. 3(5)(ab), otherwise prosp.) by Scottish Languages Act 2025 (asp 10), ss. 9(2)(b)(ii), 48(2); S.S.I. 2025/348, reg. 2, sch.

F5Words in s. 3(6) substituted (30.11.2025) by Scottish Languages Act 2025 (asp 10), ss. 9(2)(c), 48(2); S.S.I. 2025/348, reg. 2, sch.

F6Words in s. 3(8) substituted (21.3.2026 for specified purposes) by Scottish Languages Act 2025 (asp 10), ss. 4(3)(b), 48(2); S.S.I. 2026/128, reg. 2(1)