Part 1Gaelic

Chapter 1Support for the Gaelic language

Gaelic language plans

9Gaelic language plans

(1)

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

(2)

In section 3 (Gaelic language plans)—

(a)

in subsection (3)—

(i)

for paragraph (a) substitute—

“(a)

any national Gaelic language plan published under section 2 which is for the time being in effect,”,

(ii)

after paragraph (a) insert—

“(aa)

the most recent national Gaelic language strategy published under section 2A,”,

(b)

in subsection (5)—

(i)

for paragraph (a) substitute—

“(a)

any national Gaelic language plan published under section 2 which is for the time being in effect,”,

(ii)

after paragraph (a) insert—

“(aa)

the most recent national Gaelic language strategy published under section 2A,

(ab)

the principle that the Gaelic and English languages should be accorded equal respect,”,

(iii)

in paragraph (e), the words “or the Bòrd” are repealed,

(c)

in subsection (6), for “consult persons appearing to it to have an interest” substitute “consult—

“(a)

people with Gaelic language skills in relation to whom the authority exercises functions,

(b)

persons with an interest in the promotion of the Gaelic language, and

(c)

such other persons as the authority considers appropriate.”.

(3)

In section 4 (review of, and appeal against, notices)—

(a)

in subsection (1), for “28 days” substitute “4 weeks”,

(b)

in subsection (3), for “28 days” substitute “6 weeks”,

(c)

in subsection (5), for “28 days” substitute “4 weeks”,

(d)

in subsection (6), for “2 months” substitute “3 months”,

(e)

in subsection (8), for “28 days” substitute “4 weeks”.

(4)

In section 5 (approval of plans)—

(a)

in subsection (1), after “must” insert “, within the period of 3 months beginning with the date on which the plan is submitted”,

(b)

after subsection (1), insert—

“(1A)

A relevant public authority must provide the Bòrd with any additional information that the Bòrd requests following the submission of the authority’s Gaelic language plan.”,

(c)

in subsection (2)—

(i)

the “and” immediately following paragraph (a) is repealed,

(ii)

after paragraph (a) insert—

“(aa)

any additional information provided by the relevant public authority under subsection (1A), and”,

(d)

in subsection (3), for “one month” substitute “3 months”,

(e)

in subsection (5), for paragraph (c) substitute—

“(c)

refer the matter to the Scottish Ministers if the Bòrd has not approved the plan under paragraph (a) or (b) by the later of—

(i)

the expiry of the period of 2 months beginning with the date on which the authority gave notice to the Bòrd under subsection (3)(a), and

(ii)

the date on which the Bòrd considers that it will not be able to approve the plan under paragraph (a) or (b).”,

(f)

after subsection (5) insert—

“(5A)

If an authority fails to take any action under subsection (3), the Bòrd may—

(a)

approve the plan as originally submitted to the Bòrd, or

(b)

refer the matter to the Scottish Ministers.”,

(g)

in subsection (6), after “(5)(c)” insert “or (5A)(b)”,

(h)

in subsection (8), after “(5)(c)” insert “or (5A)(b), as the case may be”.

(5)

In section 6 (monitoring of implementation)—

(a)

in subsection (2), for “Bòrd may require the authority to submit to it, by a date no earlier than 3 months after the date of the requirement,” substitute “authority must, before the expiry of the period of 15 months beginning with the date of the approval mentioned in subsection (1)(a), submit to the Bòrd”,

(b)

after subsection (2) insert—

“(2A)

The authority must, before the expiry of each subsequent period of 12 months beginning with the date on which it submitted its most recent report to the Bòrd, submit to the Bòrd a further report on the extent to which the authority has implemented the measures set out in the plan.

(2B)

The Bòrd may publish, in such manner as it thinks fit, a report submitted to it under subsection (2) or (2A).”,

(c)

subsection (3) is repealed,

(d)

in subsection (4), for “may” substitute “must publish and”,

(e)

after subsection (4) insert—

“(4A)

On receipt of the report, the Scottish Ministers must lay a copy of the report before the Scottish Parliament.”,

(f)

for subsection (5) substitute—

“(5)

On receipt of the report, if the Scottish Ministers accept the Bòrd’s conclusion, they must, if they consider it necessary or expedient to do so, direct the authority in question to implement any or all of the measures in its Gaelic language plan by the date specified in the direction.”,

(g)

in subsection (6), for “(5)(b)” substitute “(5)”.

(6)

After section 7 insert—

“7AGuidance and directions by Scottish Ministers

(1)

The Scottish Ministers may give guidance to relevant public authorities relating to Gaelic language plans.

(2)

A relevant public authority must have regard to any guidance given by the Scottish Ministers under subsection (1).”.

(7)

Section 8 (guidance, assistance, etc. by the Bòrd) is repealed.