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Scottish Languages Act 2025

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Access to Gaelic education

24Duty to support access to Gaelic medium education

(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.”.

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

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

(2)After section 15 insert—

“15ADuty 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.”.

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—

Transport to school that provides Gaelic medium education

7AA 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

7AIn 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).”.

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