Prospective
(1)The Scots language has official status within Scotland.
(2)Subsection (1) is given legal effect by the provisions in this Act conferring functions on the Scottish Ministers and other persons in relation to promoting, facilitating and supporting the use of the Scots language.
(3)Subsection (1) does not affect—
(a)the operation of any other enactment or rule of law,
(b)the status of any other language.
(4)In this Part “Scots language” means the Scots language as used in Scotland.
Commencement Information
I1S. 33 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers must prepare a Scots language strategy.
(2)The Scots language strategy—
(a)must set out the Scottish Ministers’ objectives in relation to promoting, facilitating and supporting the use of the Scots language, including the different dialects of the Scots language used in different parts of Scotland,
(b)must set out the Scottish Ministers’ plans for meeting those objectives,
(c)must set out arrangements for monitoring progress towards meeting the objectives,
(d)may set out any other matters relating to promoting, facilitating and supporting the use of the Scots language which the Scottish Ministers consider should be included.
(3)In preparing the Scots language strategy, the Scottish Ministers must publish a draft strategy and consult—
(a)persons with an interest in the promotion of the Scots language,
(b)persons with an interest in the publication of books and other resources in the Scots language, and
(c)such other persons as they consider appropriate.
(4)When publishing a draft strategy under subsection (3), the Scottish Ministers must also publicise the arrangements for making representations about the draft strategy.
(5)The Scottish Ministers must publish the results of the consultation undertaken under subsection (3).
(6)The Scottish Ministers must—
(a)publish the Scots language strategy in such manner as they consider appropriate, and
(b)lay a copy of the strategy before the Scottish Parliament.
(7)Subsection (6) must be complied with before the end of the period of 12 months beginning with the day this section comes into force.
(8)The Scottish Ministers—
(a)must keep the Scots language strategy under review, and
(b)may revise it as they consider appropriate.
(9)Subsections (2) to (6) and (8) apply in relation to any revised Scots language strategy as they apply in relation to the first Scots language strategy.
Commencement Information
I2S. 34 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period, prepare a report setting out—
(a)progress made in the reporting period in respect of the objectives and plans included in the Scots language strategy,
(b)steps taken in the reporting period to keep the Scots language strategy under review.
(2)The Scottish Ministers must—
(a)publish the report in such manner as they consider appropriate, and
(b)lay a copy of the report before the Scottish Parliament.
(3)In this section “reporting period” means the period of 5 years beginning with the day on which the Scots language strategy was last published.
Commencement Information
I3S. 35 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers must have regard to the Scots language strategy in—
(a)making policies (including proposals for legislation), and
(b)exercising their functions.
(2)A relevant public authority must have regard to the Scots language strategy in exercising its functions.
(3)In this Chapter “relevant public authority” means—
(a)a Scottish public authority,
(b)so far as not falling within paragraph (a), a cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters),
(c)a post-16 education body within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,
(d)Scottish Rail Holdings,
(e)Scottish Water, and
(f)the Scottish Parliamentary Corporate Body.
Commencement Information
I4S. 36 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers may give guidance to relevant public authorities relating to—
(a)promoting, facilitating and supporting the use of the Scots language, including the different dialects of the Scots language used in different parts of Scotland,
(b)developing and encouraging Scots culture.
(2)In exercising its functions, a relevant public authority must 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)persons with an interest in the promotion of—
(i)the Scots language,
(ii)Scots culture,
(b)persons with an interest in the publication of books and other resources in the Scots language, and
(c)such other persons as they consider appropriate.
(4)The Scottish Ministers must publish any guidance given under subsection (1).
(5)In this section “Scots culture” includes the traditions, ideas, customs, heritage and identity of those who speak or understand the Scots language.
Commencement Information
I5S. 37 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers may give financial assistance to any person for the purposes of promoting, facilitating and supporting the use of the Scots language.
(2)In subsection (1), “financial assistance” includes grants and loans.
(3)Financial assistance under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit.
Commencement Information
I6S. 38 not in force at Royal Assent, see s. 48(2)
The Scottish Ministers may, for the purposes of or in connection with the exercise of their functions under this Chapter—
(a)conduct research and inquiries,
(b)collect data and publish statistics or other information,
(c)provide training,
(d)encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c).
Commencement Information
I7S. 39 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers must promote, facilitate and support Scots language education in schools.
(2)The Scottish Ministers must in particular promote, facilitate and support the provision of adequate education resources in the Scots language for use in school education by teachers and pupils.
(3)An education authority must promote, facilitate and support Scots language education in the schools under its management.
(4)An education authority may discharge its functions relating to Scots language education through teaching and learning in the dialect of the Scots language most relevant to its area.
(5)In this Chapter “Scots language education” means education consisting of teaching and learning in the use and understanding of the Scots language.
Commencement Information
I8S. 40 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers may give guidance to education authorities relating to Scots language education in schools.
(2)In exercising its functions relating to school education, an education authority must 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)persons with an interest in the promotion of the Scots language,
(b)persons with an interest in the publication of books and other resources in the Scots language, and
(c)such other persons as they consider appropriate.
(4)The Scottish Ministers must publish any guidance given under subsection (1).
Commencement Information
I9S. 41 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers may by regulations specify the standards and requirements to which an education authority must conform in discharging its functions relating to Scots language education in the schools under its management.
(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)Regulations under subsection (1) are subject to the negative procedure.
(4)In preparing regulations under subsection (1), the Scottish Ministers must consult—
(a)education authorities,
(b)persons with an interest in the promotion of the Scots language,
(c)persons with an interest in the publication of books and other resources in the Scots language, and
(d)such other persons as they consider appropriate.
Commencement Information
I10S. 42 not in force at Royal Assent, see s. 48(2)
(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 Scots language.
(2)The Scottish Ministers must, on request from an education authority, consider whether to produce a translation into the Scots 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.
Commencement Information
I11S. 43 not in force at Royal Assent, see s. 48(2)
(1)The Scottish Ministers must keep under review the adequacy of education resources in the Scots 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
I12S. 44 not in force at Royal Assent, see s. 48(2)
The Scottish Ministers must secure the provision of reports setting out progress made in the delivery of Scots language education in schools.
Commencement Information
I13S. 45 not in force at Royal Assent, see s. 48(2)
In this Chapter 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”,
“school”,
“school education”.
Commencement Information
I14S. 46 not in force at Royal Assent, see s. 48(2)