Scottish Languages Act 2025

Chapter 2 S Education

Functions of Scottish Ministers S

15 Duty of Scottish Ministers to promote Gaelic education S

(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—

“Functions of Scottish Ministers S

6A Duty of Scottish Ministers to promote Gaelic education

(1) The Scottish Ministers must promote, facilitate and support—

(a) the provision in schools of—

(i) Gaelic learner education,

(ii) Gaelic medium education, and

(b) 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”.

Commencement Information

I1 S. 15 not in force at Royal Assent, see s. 48(2)

I2 S. 15 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

16 Power for Scottish Ministers to set standards relating to Gaelic education S

(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 Standards relating to Gaelic education

(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, and

(b) 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, and

(h) 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).”.

Commencement Information

I3 S. 16 not in force at Royal Assent, see s. 48(2)

I4 S. 16 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

17 Guidance to public authorities relating to Gaelic education S

(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 Guidance to public authorities relating to Gaelic education

(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), and

(d) 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.

Commencement Information

I5 S. 17 not in force at Royal Assent, see s. 48(2)

I6 S. 17 in force at 30.11.2025 for specified purposes by S.S.I. 2025/348, reg. 2, sch.

18 Production of school education resources in Gaelic S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) After section 6C (as inserted by section 17(2)) insert—

“6D Production of school education resources in Gaelic

(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 Review of adequacy of school education resources

(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.”.

Commencement Information

I7 S. 18 not in force at Royal Assent, see s. 48(2)

I8 S. 18 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

General duties of education authorities relating to Gaelic education S

19 General duty to provide education includes Gaelic education S

(1) The Education (Scotland) Act 1980 is modified as follows.

(2) In section 1 (duty of education authorities to secure provision of education)—

(a) in subsection (5)(a), for sub-paragraph (iii) substitute—

“(iii) Gaelic learner education and Gaelic medium education,”,

(b) in subsection (5)(b)(iv), for “Gaelic in Gaelic-speaking areas” substitute “the Gaelic language”,

(c) after subsection (5), insert—

“(6) In this Act—

• “Gaelic language” means Gaelic language as used in Scotland,

• “Gaelic learner education” means the teaching of the Gaelic language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

• “Gaelic medium education” means teaching and learning by means of the Gaelic language.”.

(3) In section 135(1) (interpretation), after the definition of “further education” insert—

• ““Gaelic language”, “Gaelic learner education” and “Gaelic medium education” have the meanings given by section 1(6) of this Act,”.

Commencement Information

I9 S. 19 not in force at Royal Assent, see s. 48(2)

I10 S. 19 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

20 Duty to promote Gaelic education in exercising functions under the Education (Scotland) Act 1980 S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) The italic heading immediately preceding section 15 becomes “Promotion by education authorities of Gaelic education”.

(3) Before section 15 insert—

“14A Duty to promote Gaelic education in exercising functions under the 1980 Act

In exercising its functions under Parts 1 and 2 of the 1980 Act, an education authority must—

(a) promote, facilitate and support—

(i) Gaelic learner education,

(ii) Gaelic medium education, and

(iii) the teaching of the Gaelic language in its provision of further education,

(b) have regard to the needs and interests of all pupils and prospective pupils who are receiving, or who wish to receive, Gaelic learner education or Gaelic medium education.”.

Commencement Information

I11 S. 20 not in force at Royal Assent, see s. 48(2)

I12 S. 20 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

Prospective

21 Information-sharing about Gaelic education S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) Before section 17 and the italic heading immediately preceding it insert—

“Information about Gaelic education S

16A Information-sharing about Gaelic education

(1) Bòrd na Gàidhlig may serve a notice on an education authority requiring the authority—

(a) to provide the Bòrd with such information as the Bòrd specifies in the notice about—

(i) Gaelic learner education and Gaelic medium education in the authority’s provision of school education, or

(ii) the teaching of the Gaelic language in the authority’s provision of further education, and

(b) to provide that information by a date specified in the notice.

(2) An education authority must comply with a notice served on it under subsection (1).”.

Commencement Information

I13 S. 21 not in force at Royal Assent, see s. 48(2)

Prospective

Gaelic education delivery planning S

22 Gaelic education delivery planning S

(1) The Gaelic Language (Scotland) Act 2005 is modified as follows.

(2) In section 3 (Gaelic language plans)—

(a) after subsection (4) insert—

“(4A) If the relevant public authority is an education authority, its Gaelic language plan must also set out the authority’s plan for the provision in its area of—

(a) Gaelic learner education and Gaelic medium education in the authority’s provision of school education,

(b) opportunities to learn or use the Gaelic language in the authority’s provision of further education, and

(c) opportunities for pupils in Gaelic medium education to use the Gaelic language in social, cultural and recreational activities.”,

(b) after subsection (6) insert—

“(6A) If the relevant public authority is an education authority, it must also consult—

(a) His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the Education (Scotland) Act 1980),

(b) the body known as Comann nam Pàrant (Nàiseanta), and

(c) other education authorities with which the authority might collaborate,

on the matters to be included in its Gaelic language plan as mentioned in subsection (4A).”,

(c) in subsection (8), after paragraph (a) (as inserted by section 4(3)(b)) insert—

“(b) make further provision about the matters which an education authority must include in its Gaelic language plan under subsection (4A),

(c) make different provision for different—

(i) purposes,

(ii) types of authority,

(iii) areas (including different parts of an area in relation to which an authority exercises its functions).”,

(d) after subsection (8) insert—

“(9) In this section—

(a) 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”,

• “further education”,

• “pupil”,

• “school education”,

(b) “Gaelic learner education” means the teaching of the Gaelic language to, and learning of the language by, pupils to whom education is provided primarily by means of the English language,

(c) “Gaelic medium education” means teaching and learning by means of the Gaelic language.”.

(3) In section 7(3) (review of plans), for “(6)” substitute “(6A)”.

Commencement Information

I14 S. 22 not in force at Royal Assent, see s. 48(2)

Gaelic education qualifications S

23 Production of material relating to Gaelic education qualifications S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) After section 16A (as inserted by section 21(2)) insert—

“Gaelic education qualifications S

16B Availability of qualifications through the medium of Gaelic

(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 Production of material relating to qualifications through the medium of Gaelic

(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.”.

Commencement Information

I15 S. 23 not in force at Royal Assent, see s. 48(2)

I16 S. 23 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

Access to Gaelic education S

Prospective

24 Duty to support access to Gaelic medium education S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) In section 15 (duty to promote and support Gaelic medium education and learning), after subsection (6) insert—

“(7) Where subsection (8) applies, an education authority must, so far as reasonably practicable, support a child who is resident in its area to access Gaelic medium education provided in the area of another education authority.

(8) This subsection applies where—

(a) the education authority does not secure the provision in its area of Gaelic medium education appropriate for the age of the child, or

(b) the education authority does secure such provision but it is not reasonably practicable for the child to access it.”.

Commencement Information

I17 S. 24 not in force at Royal Assent, see s. 48(2)

Prospective

25 Duty to establish a catchment area for schools providing Gaelic medium education S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) After section 15 insert—

“15A Duty to establish a catchment area for schools providing Gaelic medium education

(1) An education authority must establish a catchment area for every school under its management at which Gaelic medium education is provided, for the purpose of admitting pupils to Gaelic medium education at the school.

(2) A catchment area established under subsection (1) may be (but need not be) the same as the catchment area or areas for any other schools.

(3) Where Gaelic medium education and education in English is provided at the same school, the catchment area established under subsection (1) may be (but need not be) the same as the catchment area in relation to the English provision.

(4) In relation to a school at which Gaelic medium education is provided before the day on which section 25(2) of the Scottish Languages Act 2025 comes into force, the duty imposed by subsection (1) must be complied with before the end of the period of 2 years beginning with that day.

(5) In establishing a catchment area for a school under subsection (1), an education authority must take account of the need to provide reasonable travel arrangements for pupils who attend, or who wish to attend, the school.

(6) In subsection (1), “catchment area” means the area from which pupils resident there will be admitted to a school in terms of any priority based on residence in accordance with the guidelines formulated by an education authority under section 28B(1)(c) of the 1980 Act.”.

Commencement Information

I18 S. 25 not in force at Royal Assent, see s. 48(2)

26 Transport to Gaelic medium education: application of Schools (Consultation) (Scotland) Act 2010 S

(1) The Schools (Consultation) (Scotland) Act 2010 is modified as follows.

(2) In schedule 1 (relevant proposals), after paragraph 7 insert—

Transport to school that provides Gaelic medium education

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—

Transport to school that provides Gaelic medium education

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).”.

Commencement Information

I19 S. 26 not in force at Royal Assent, see s. 48(2)

I20 S. 26 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

Assessments: Gaelic medium primary education S

27 Assessments: power to make different provision for different areas S

(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.”.

Commencement Information

I21 S. 27 not in force at Royal Assent, see s. 48(2)

I22 S. 27 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

Prospective

28 Assessments of requests for Gaelic medium education S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) The italic heading immediately preceding section 7 becomes “Assessments: primary education and early learning and childcare”.

(3) In section 7 (assessment requests)—

(a) in subsection (1)—

(i) for the words from “person” to “resident” substitute “relevant person may request an education authority”,

(ii) at the end insert “or Gaelic medium early education and childcare (in this Part, “GMELC”)”,

(b) after subsection (1) insert—

“(1A) In subsection (1), a “relevant person” is—

(a) a parent of a child who—

(i) is under school age,

(ii) has not commenced attendance at a primary school, and

(iii) is resident in the area of the education authority to whom the request is made,

(b) the body known as Comann nam Pàrant (Nàiseanta),

(c) Bòrd na Gàidhlig.”,

(c) subsection (2) is repealed,

(d) in subsection (3)—

(i) after “GMPE” insert “or GMELC, as the case may be,”,

(ii) “other” is repealed,

(iii) “and” at the end of paragraph (a) is repealed,

(iv) paragraph (b) is repealed,

(e) subsection (4) is repealed,

(f) in subsection (6)—

(i) in paragraph (b), the words “(including evidence in addition to that mentioned in subsection (2))” are repealed,

(ii) in paragraph (c), for “subsections (2) and (3)” substitute “subsection (3)”.

(4) In section 8 (GMPE assessment areas)—

(a) in subsection (2), after “GMPE” insert “or GMELC, as the case may be”,

(b) in subsection (3), for “GMPE” substitute “relevant”,

(c) in subsection (4)—

(i) in the opening words, for “GMPE” substitute “relevant”,

(ii) in paragraph (a)(i), after “GMPE” insert “or GMELC, as the case may be,”,

(iii) in paragraph (a)(ii), after “GMPE” insert “or GMELC, as the case may be,”,

(iv) in paragraph (b), for “could reasonably be met in the GMPE” substitute “or GMELC, as the case may be, could reasonably be met in the relevant”,

(d) in subsection (5)—

(i) in paragraph (a), “any” is repealed,

(ii) in paragraph (b), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(iii) in paragraph (c), after “GMPE” insert “or GMELC, as the case may be,”,

(e) after subsection (5) insert—

“(6) The Scottish Ministers may give guidance to education authorities relating to their functions under this section and sections 12 and 13.

(7) An education authority must have regard to any guidance given by the Scottish Ministers under subsection (6).”.

(5) The title of section 8 becomes “GMPE or GMELC assessment areas”.

(6) Sections 9, 10 and 11 are repealed.

(7) In section 12 (full assessments)—

(a) for subsection (1) substitute—

“(1) An education authority must, within the period of 6 months beginning with the day on which a request under section 7(1) is received—

(a) consider—

(i) its provision of GMPE or GMELC, as the case may be (if any),

(ii) the demand for GMPE or GMELC, as the case may be, in the relevant assessment area, including projections for future demand, and

(b) complete an assessment of the need for the provision of GMPE or GMELC, as the case may be, in the relevant assessment area.”,

(b) after subsection (1) insert—

“(1A) An education authority need not comply with the duty imposed by subsection (1) if—

(a) it has published a report under section 13(4) following a previous request under section 7(1),

(b) the relevant assessment area for the previous request is the same as the relevant assessment area for the further request,

(c) the previous request and the further request either both request an assessment ff the need for GMPE or both request an assessment of the need for GMELC, and

(d) the further request is received within the period of 2 years beginning with the day on which the previous request was received.

(1B) Despite subsection (1A), the Scottish Ministers may, in such cases as they consider appropriate, direct an education authority to comply with the duty imposed by subsection (1) in relation to the further request.

(1C) The Scottish Ministers must consult the education authority before giving a direction under subsection (1B).”,

(c) in subsection (2)—

(i) paragraph (c) is repealed,

(ii) for paragraph (d) substitute—

“(d) seek advice from those persons on the assessment to be completed by the authority under subsection (1)(b).”,

(d) in subsection (3)—

(i) in paragraph (c), after “Pàrant” insert “Nàiseanta”,

(ii) paragraph (d) is repealed,

(e) in subsection (4)—

(i) in paragraph (a), for “views” substitute “advice”,

(ii) in paragraph (b), for “views are” substitute “advice is”,

(f) after subsection (4) insert—

“(4A) The authority must publicise arrangements for receiving representations about the assessment to be completed by the authority under subsection (1)(b) from—

(a) parents of children resident or attending school in the education authority’s area,

(b) children resident or attending school in the education authority’s area, and

(c) such other persons with expertise or an interest in the Gaelic language as the education authority considers appropriate.”,

(g) in subsection (5), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(h) in subsection (6)—

(i) before paragraph (a) insert—

“(za) the matters mentioned in sub-paragraphs (i) and (ii) of subsection (1)(a),”,

(ii) in paragraph (a)—

(A) for “views” where it first appears substitute “advice”,

(B) for “views are” substitute “advice is”,

(iii) after paragraph (a) insert—

“(aa) representations made by virtue of subsection (4A),”,

(iv) in paragraph (b), “any” is repealed,

(v) paragraph (c) is repealed,

(vi) in paragraph (d), for “mentioned in section 9(3) from parents of children” substitute “or GMELC, as the case may be, from parents of children who reside within the relevant assessment area”,

(vii) in paragraph (e), after “GMPE” insert “or GMELC, as the case may be,”,

(viii) in paragraph (f), after “GMPE” insert “or GMELC, as the case may be,”,

(ix) in paragraph (g)(i), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(x) in paragraph (g)(ii), for “GMPE assessment area could access GMPE” substitute “relevant assessment area could access GMPE or GMELC, as the case may be,”,

(xi) in paragraph (h), after “GMPE” insert “or GMELC, as the case may be,”,

(xii) in paragraph (i), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(xiii) in paragraph (j), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(xiv) after paragraph (l) insert—

“(m) its duty under section 14A.”,

(i) in subsection (7), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”.

(8) The title of section 12 becomes “Assessments”.

(9) In section 13 (procedure following full assessment)—

(a) in subsection (1)—

(i) for “a full” substitute “an”,

(ii) for “in a GMPE” substitute “or GMELC, as the case may be, in a relevant”,

(b) in subsection (2)—

(i) in paragraph (a), after “GMPE” insert “or GMELC, as the case may be,”,

(ii) in paragraph (c), after “GMPE” in each place where it appears insert “or GMELC, as the case may be,”,

(c) in subsection (3)—

(i) in paragraph (a), for “parent” substitute “person”,

(ii) in paragraph (a), “full” is repealed,

(iii) paragraph (b) is repealed,

(iv) in paragraph (c), “other” is repealed,

(d) in subsection (4), at end insert “as soon as reasonably practicable after the assessment has been completed”,

(e) subsection (5) is repealed,

(f) in subsection (6)—

(i) for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(ii) for “such GMPE” substitute “such GMPE or GMELC, as the case may be,”,

(g) in subsection (7), for “is provided in the GMPE” substitute “or GMELC, as the case may be, is provided in the relevant”.

(10) The title of section 13 becomes “Procedure following assessment”.

(11) Section 14 and the italic heading immediately preceding it are repealed.

(12) In section 18(2) (interpretation of Part 2)—

(a) after the definition of “Gaelic learner education” insert—

• ““Gaelic medium early learning and childcare” means Gaelic medium education which would discharge (wholly or in part) the duty under subsection (1) of section 1 of the 1980 Act to the extent it is exercisable as mentioned in subsection (1A) of that section,”,

(b) after the definition of “Gaelic medium primary education” insert—

• ““GMELC” means Gaelic medium early learning and childcare,”,

(c) after the definition of “primary school” insert—

• ““relevant assessment area” is to be construed in accordance with section 8,”,

(d) the definitions of “full assessment”, “GMPE assessment area”, “initial assessment”, “specified child” and “year group” are repealed.

Commencement Information

I23 S. 28 not in force at Royal Assent, see s. 48(2)

Prospective

All-Gaelic schools: viability of establishment S

29 All-Gaelic schools: viability of establishment S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) After section 13 insert—

“All-Gaelic schools: viability of establishment S

13A Duty of education authority to assess viability of establishing all-Gaelic school

(1) An education authority must, within the period of 9 months beginning with the day on which a request to do so is received from a relevant person—

(a) consider—

(i) its provision of Gaelic medium education (if any),

(ii) the demand for Gaelic medium education in its area, including projections for future demand, and

(b) complete an assessment of whether it would be viable for the education authority to establish an all-Gaelic school in the area specified in the request.

(2) In subsection (1), a “relevant person” is—

(a) a parent of a child resident in the education authority’s area,

(b) the body known as Comann nam Pàrant (Nàiseanta),

(c) Bòrd na Gàidhlig.

(3) An education authority need not comply with the duty in subsection (1) if—

(a) it has published an assessment following a previous request under subsection (1),

(b) the further request is received within the period of 2 years beginning with the day on which that previous request was received, and

(c) the condition mentioned in subsection (4) is satisfied.

(4) The condition referred to in subsection (3)(c) is satisfied if, assuming that an all-Gaelic school were to be established pursuant to the previous request (and regardless of the result of any assessment made under subsection (1)(b) in relation to that request), it would be reasonably practicable for children to whom the further request relates to access Gaelic medium education at that school.

(5) Despite subsection (3), the Scottish Ministers may, in such cases as they consider appropriate, direct an education authority to comply with the duty imposed by subsection (1) in relation to the further request.

(6) The Scottish Ministers must consult the education authority before giving a direction under subsection (5).

(7) The Scottish Ministers may give guidance to education authorities relating to their functions under this section and sections 13B and 13C.

(8) An education authority must have regard to any guidance given by the Scottish Ministers under subsection (7).

13B Process for assessment of viability

(1) In making an assessment under section 13A(1)(b), an education authority must—

(a) seek advice from—

(i) Bòrd na Gàidhlig,

(ii) His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the 1980 Act),

(iii) the body known as Comann nam Pàrant (Nàiseanta), and

(iv) other education authorities which have established all-Gaelic schools in their areas, and

(b) publicise arrangements for receiving representations from—

(i) parents of children resident or attending school in the education authority’s area,

(ii) children resident or attending school in the education authority’s area, and

(iii) such other persons with expertise or an interest in the Gaelic language as the education authority considers appropriate.

(2) In making an assessment under section 13A(1)(b), an education authority must have regard to—

(a) the matters mentioned in section 13A(1)(a),

(b) the advice and representations mentioned in subsection (1),

(c) any guidance given by the Scottish Ministers under section 13A(7),

(d) its latest Gaelic language plan published under section 5(9) of the Gaelic Language (Scotland) Act 2005,

(e) its duty under section 14A,

(f) the location of any all-Gaelic school in the authority’s area or in the area of another education authority adjacent to that area,

(g) the extent to which—

(i) pupils resident in the area of an education authority adjacent to the area of the authority which is making the assessment could access an all-Gaelic school established in the area specified in the request,

(ii) pupils resident in the area specified in the request could access an all-Gaelic school in the area of another education authority adjacent to that area,

(h) the availability and suitability of any premises in the education authority's area in which an all-Gaelic school could be established,

(i) the cost of establishing an all-Gaelic school, and

(j) the potential to assign or recruit persons to teach in an all-Gaelic school.

(3) The education authority must assess that it would be viable to establish an all-Gaelic school in the area specified in the request unless, having regard to the matters mentioned in subsection (2), it would be unreasonable to make that assessment.

(4) The assessment may be that it would be viable to establish an all-Gaelic school if certain circumstances occur (see section 13C(3)).

(5) The Scottish Ministers may by regulations—

(a) modify subsection (1) so as to amend, remove or add to the persons for the time being mentioned in that subsection,

(b) modify subsection (2) so as to amend, remove or add to the matters for the time being mentioned in that subsection.

13C Duties of education authority following assessment of viability

(1) An education authority must publish any assessment it makes under section 13A(1)(b), including—

(a) the result of the assessment,

(b) the evidence it has considered in making the assessment, and

(c) the reasons for the result.

(2) Where the result of the assessment under section 13A(1)(b) is that it would be viable for the education authority to establish an all-Gaelic school, the education authority must—

(a) specify in that assessment (in addition to the matters mentioned in subsection (1)) the period within which the authority considers it would be reasonably practicable to establish the school, and

(b) take such steps to establish the school as are reasonably practicable.

(3) Where the result of the assessment under section 13A(1)(b) is that it would be viable for the education authority to establish an all-Gaelic school if certain circumstances occur, the education authority must—

(a) specify in that assessment (in addition to the matters mentioned in subsection (1))—

(i) the reasons for that decision,

(ii) what those circumstances are,

(iii) how those circumstances will be kept under review, and

(iv) the period within which the authority considers it would be reasonably practicable to establish the school after those circumstances occur,

(b) publish the conclusions of any review of those circumstances, and

(c) after those circumstances occur, take such steps to establish the school as are reasonably practicable.

13D Power for Scottish Ministers to direct establishment of all-Gaelic school

(1) Where an education authority has—

(a) made an assessment under section 13A(1)(b) that it would be viable for the education authority to establish an all-Gaelic school, but

(b) failed to take a step which is required by section 13C(2)(b) or (3)(c),

the Scottish Ministers may direct an education authority to take that step.

(2) Before making a direction under subsection (1), the Scottish Ministers must—

(a) seek advice from—

(i) Bòrd na Gàidhlig,

(ii) His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the 1980 Act), and

(b) consult the education authority which is to be given the direction.

(3) The Scottish Ministers may vary or revoke a direction given under this section.”.

(3) In section 18(1) (interpretation of Part 2), before the definition of “early learning and childcare” insert—

• ““child,””.

(4) In section 18(2) (interpretation of Part 2), before the definition of “area” insert—

• ““all-Gaelic school” means a school in which—

  (a)

  all of the education provided is Gaelic medium education,

  (b)

  all other services related to the provision of that education are delivered in the Gaelic language as far as reasonably practicable, and

  (c)

  the use of any facilities which are shared with another school is separate to the use of those facilities by that other school,”.

Commencement Information

I24 S. 29 not in force at Royal Assent, see s. 48(2)

Prospective

Early learning and childcare S

30 Duty to consult and plan on delivery of early learning and childcare S

(1) The Children and Young People (Scotland) Act 2014 is modified as follows.

(2) In section 50 (duty to consult and plan on delivery of early learning and childcare)—

(a) in subsection (1)(a), after “Part” insert “, including whether and if so how it should make Gaelic medium early learning and childcare available”,

(b) after subsection (2) insert—

“(3) In this section—

• “Gaelic language” means Gaelic language as used in Scotland,

• “Gaelic medium early learning and childcare” means early learning and childcare delivered by means of the Gaelic language.”.

Commencement Information

I25 S. 30 not in force at Royal Assent, see s. 48(2)

Further and higher education S

31 Conditions of grants to the Scottish Further and Higher Education Funding Council S

(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 Widening access to Gaelic education

(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.”.

Commencement Information

I26 S. 31 not in force at Royal Assent, see s. 48(2)

I27 S. 31 in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.

32 Review of status of Sabhal Mòr Ostaig S

(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.

Commencement Information

I28 S. 32 not in force at Royal Assent, see s. 48(2)

I29 S. 32(1)(5)(8) in force at 30.11.2025 by S.S.I. 2025/348, reg. 2, sch.