Chapter 1: Support for the Scots language
Section 33: Status of the Scots language
115.Section 33 provides for the status of the Scots language. The statement in subsection (1) that the Scots language has official status within Scotland is given legal effect by the provisions of the Act conferring functions on the Scottish Ministers and other persons (primarily relevant public authorities, as defined in section 36(3)).
116.Subsection (3) provides that subsection (1) does not affect the operation of any other enactment (as defined in the Interpretation and Legislative Reform (Scotland) Act 2010) or the status of any other language. For example, this provision does not affect the operation of the Equality Act 2010, modification of which is a reserved matter under the Scotland Act 1998.
Section 34: Scots language strategy
117.Section 34 requires the Scottish Ministers to prepare a Scots language strategy. The section sets out the required content of the Scots language strategy, consultation and publication requirements and timescales for its preparation and review and revision. In particular, the Scottish Ministers must publicise arrangements for making representations about the draft strategy and must publish the results of that consultation.
Section 35: Reporting on Scots language strategy
118.Section 35 requires the Scottish Ministers to report on the strategy as soon as reasonably practicable after the end of the period of 5 years from when the strategy was last published. The report must be published and laid before the Scottish Parliament.
Section 36: Effect of Scots language strategy
119.Section 36 requires that the Scottish Ministers must have regard to the strategy when making policies and exercising their functions, and that a relevant public authority must have regard to it in exercising its functions. Subsection (3) defines relevant public authority, consistent with the definition in section 10 of the 2005 Act (as amended by section 13 of the Act).
Section 37: Power for Scottish Ministers to give guidance
120.Section 37 gives the Scottish Ministers a power to give guidance to relevant public authorities relating to promoting, facilitating and supporting the use of the Scots language (including different dialects of the Scots language) and developing and encouraging Scots culture. The Scottish Ministers must consult interested persons in preparing the guidance. Such persons could include, for example, bodies such as Scots Hoose and Yaldi Books.
121.Subsection (5) defines Scots culture in an analogous way to the definition of Gaelic culture in section 10 of the 2005 Act.
Section 38: Financial assistance for the promotion etc. of the Scots language
122.Section 38 creates a power for the Scottish Ministers to give financial assistance, including grants and loans, to any person for the purposes of promoting, facilitating and supporting the use of the Scots language, subject to such conditions as the Scottish Ministers think fit.
Section 39: Scottish Ministers’ powers relating to research etc.
123.Section 39 creates a power for the Scottish Ministers to conduct research and inquiries, collect data and publish statistics, provide training, or encourage or assist other persons to do those things, for the purposes of or in connection with the exercise of their functions under Part 2 Chapter 1.
