Scottish Languages Act 2025

Prospective

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

I1 S. 29 not in force at Royal Assent, see s. 48(2)