Part 1 Gaelic

Chapter 2 Education

Functions of Scottish Ministers

15 Duty of Scottish Ministers to promote Gaelic education
(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

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”.

16 Power for Scottish Ministers to set standards relating to Gaelic education
(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 (2) insert—

“(3) 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.
(4) The Scottish Ministers may vary or revoke a direction given under subsection (3).
(5) An education authority must comply with a direction given to it under subsection (3).”.

17 Guidance to public authorities relating to Gaelic education
(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.

18 Production of school education resources in Gaelic
(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.”.