Scottish Languages Act 2025

Prospective

4 Areas of linguistic significance S

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

(2) After section 1 insert—

“Areas of linguistic significance S

1A Meaning of “area of linguistic significance”

(1) An area may be designated as an area of linguistic significance under section 1B if—

(a) the area contains a significant number of people with Gaelic language skills, or

(b) the area does not contain a significant number of people with Gaelic language skills but—

(i) the area is historically connected with the use of Gaelic,

(ii) the area is one in which teaching and learning by means of the Gaelic language is provided, or

(iii) the area is one in which significant activity relating to the Gaelic language or Gaelic culture takes place.

(2) For the purpose of subsection (1), an area contains a significant number of people with Gaelic language skills if at least 20% of the area’s population has Gaelic language skills.

1B Designation by local authority of an area as an area of linguistic significance

(1) A local authority may designate all or part of its area as an area of linguistic significance if it considers that the area falls within the description of an area of linguistic significance set out in section 1A(1).

(2) A local authority must, within the relevant period, consider whether all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a).

(3) In subsection (2), “relevant period” means—

(a) the period of 1 year beginning with the day on which section 4(2) of the Scottish Languages Act 2025 comes into force,

(b) each subsequent period of 5 years.

(4) If a local authority considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), the local authority must consider submitting a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area.

(5) If a local authority—

(a) considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), and

(b) decides not to submit a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area,

the local authority must publicise the decision and its reasons for making it.

(6) Before making a designation, the local authority must—

(a) consult the Bòrd, such persons as the local authority considers to be representative of communities in the area to which the proposed designation relates and such other persons as the local authority considers appropriate about the proposed designation,

(b) take reasonable steps to publicise the proposed designation and its reasons for making it, and

(c) submit the proposed designation to the Scottish Ministers.

(7) The Scottish Ministers may—

(a) approve the proposed designation,

(b) approve the proposed designation with any modifications they consider appropriate, or

(c) reject the proposed designation.

(8) Where the Scottish Ministers intend to approve the proposed designation with modifications, they must consult the local authority before doing so.

(9) A designation must—

(a) identify the area to be designated as an area of linguistic significance, and

(b) specify the date on which the designation takes effect.

(10) A designation may be varied or revoked by the local authority at any time.

(11) Before varying or revoking a designation in relation to any part of its area, the local authority must—

(a) consult the Bòrd, such persons as the local authority considers to be representative of communities in the area affected by the proposed variation or revocation and such other persons as the local authority considers appropriate about the proposed variation or revocation,

(b) take reasonable steps to publicise the proposed variation or revocation and its reasons for making it, and

(c) submit the proposed variation or revocation to the Scottish Ministers.

(12) The Scottish Ministers may—

(a) approve the proposed variation or revocation,

(b) approve the proposed variation or revocation with any modifications they consider appropriate, or

(c) reject the proposed variation or revocation.

(13) Where the Scottish Ministers intend to approve the proposed variation or revocation with modifications, they must consult the local authority before doing so.

(14) A local authority must take reasonable steps to publicise—

(a) the making of a designation and its effect,

(b) any variation or revocation of a designation and its effect.

(15) The Scottish Ministers may give guidance to local authorities relating to their functions under this section.

(16) Guidance under subsection (15) may in particular relate to—

(a) how to determine which areas may be designated as an area of linguistic significance,

(b) factors to be taken into account in determining whether an area falls within the description of an area of linguistic significance set out in section 1A(1)(a),

(c) the process for making such determinations.

(17) A local authority must have regard to any guidance given by the Scottish Ministers under subsection (15).

(18) In this section and sections 1C and 1D “local authority” has the meaning given in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.

1C Request by Bòrd for local authority to consider designation

(1) The Bòrd may request a local authority to consider making a designation under section 1B.

(2) The Bòrd must request a local authority to consider making a designation under section 1B if the Bòrd considers that there is evidence of demand for a designation under section 1B by persons residing in the local authority’s area.

(3) If—

(a) the Bòrd makes a request under this section, and

(b) the local authority to which the request is made decides not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c),

the local authority must publicise the decision and its reasons for making it.

(4) The Scottish Ministers may give guidance to the Bòrd and local authorities relating to their functions under this section.

(5) The Bòrd and local authorities must have regard to any guidance given by the Scottish Ministers under subsection (4).

1D Ministerial power to require reconsideration

(1) Subsections (2) to (4) apply where, under section 1B(5) or section 1C(3), a local authority publicises a decision not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c) (“the decision”).

(2) The Scottish Ministers may require the local authority to reconsider the decision.

(3) If the Scottish Ministers make a requirement under subsection (2), the local authority must, within the period of 3 months beginning with the day on which the requirement is made—

(a) reconsider the decision, and

(b) after reconsidering the decision—

(i) submit a proposed designation to the Scottish Ministers, or

(ii) confirm the decision.

(4) If the local authority confirms the decision, it must notify the Scottish Ministers of its reasons for confirming the decision.”.

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

(a) in subsection (4), after paragraph (a) insert—

“(aa) where the relevant public authority exercises functions in an area that has been designated under section 1B as an area of linguistic significance, set out the measures in relation to the use of the Gaelic language to be taken by the authority in connection with the exercise of its functions in that area,”,

(b) in subsection (8), from “may” to the end substitute “may in particular—

(a) make further provision about the required content of Gaelic language plans in respect of areas that have been designated under section 1B as areas of linguistic significance,”.

Commencement Information

I1 S. 4 not in force at Royal Assent, see s. 48(2)