Chapter 2: Education
Section 15: Duty of Scottish Ministers to promote Gaelic education
57.Section 15 of the Act inserts a new section 6A into the 2016 Act. This imposes a duty on the Scottish Ministers to promote, facilitate and support the provision in schools of Gaelic learner education and Gaelic medium education and the teaching of the Gaelic language in the provision of further education by education authorities. Those terms are defined in section 18 of the 2016 Act.
58.The Scottish Ministers must in particular promote, facilitate and support the provision of education resources in the Gaelic language for use in school education. This could include resources such as worksheets, reading books and other learning materials.
59.Section 15 also amends the definition of “Gaelic language” in the 2016 Act so that it refers to Gaelic being “used” rather than “spoken”, to make the definition consistent with the definition in the 2005 Act.
Section 16: Power for Scottish Ministers to set standards relating to Gaelic education
60.Section 16 of the Act inserts a new section 6B into the 2016 Act. This gives the Scottish Ministers power to make regulations to specify the standards and requirements to which an education authority must conform in discharging its functions in relation to Gaelic learner education, Gaelic medium education and teaching of the Gaelic language in its provision of further education. This is modelled on the power to prescribe standards and requirements in section 2 of the 1980 Act. However, unlike that section, the standards and requirements will not have to apply to every education authority. This will allow for the flexibility needed to account for differing levels of provision of Gaelic education across different education authorities.
61.In preparing regulations under this section, the Scottish Ministers must consult the various interested parties listed in subsection (3) and publish the results of that consultation. The regulations may make different provision for different purposes and different areas (including different parts of an education authority’s area) and are subject to the negative procedure by virtue of section 31(4) of the 2016 Act.
62.Section 16 also modifies section 7A of the 2005 Act, inserted by section 9(6) of the Act, so that the Scottish Ministers may give directions to an education authority relating to the application of the standards and requirements specified in these regulations to the preparation of its Gaelic language plan. A direction may be varied or revoked, and an education authority must comply with a direction given to it.
Section 17: Guidance to public authorities relating to Gaelic education
63.Section 17 of the Act inserts a new section 6C into the 2016 Act, requiring the Scottish Ministers to give guidance to Scottish public authorities relating to Gaelic learner education and Gaelic medium education, the teaching of the Gaelic language in the provision of further education by education authorities, and the development of such education. The Scottish Ministers must consult the interested parties listed in subsection (3) in preparing the guidance.
64.By virtue of schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, “
65.A Scottish public authority having functions relating to education must, to the extent that the guidance relates to those functions, have regard to the guidance. For example, this power could be used to give guidance to Scottish public authorities which produce resources to be used in schools.
66.This replaces section 9(1) to (2A) of the 2005 Act, which conferred a guidance-making power on Bòrd na Gàidhlig. Those provisions (and section 16 of the 2016 Act which inserted them into the 2005 Act) are repealed. References in the 2016 Act to guidance under section 9 of the 2005 Act are changed to be references to guidance under this section.
Section 18: Production of school education resources in Gaelic
67.Section 18 of the Act inserts two new sections into the 2016 Act.
68.Inserted section 6D requires the Scottish Ministers to consider whether to produce information, guidance or documents for use in school education in Gaelic where that material is produced in English. If an education authority requests a translation of such material, including material produced before the section comes into force, the Scottish Ministers must consider providing that.
69.The duty applies to material produced by the Scottish Ministers (with subsection (3) setting out in more detail what “
70.Inserted section 6E requires the Scottish Ministers to keep under review the adequacy of education resources in Gaelic for use in school education, and to prepare and publish reports setting out steps they consider necessary to address any issues identified by the review.
Section 19: General duty to provide education includes Gaelic education
71.Section 19 of the Act modifies the 1980 Act so it is clear that the provision of Gaelic learner education and Gaelic medium education comes within the definition of school education, and that therefore an education authority’s duty to secure the provision of adequate and efficient school education for the authority’s area may include Gaelic learner education and Gaelic medium education (inserting definitions of those terms into the 1980 Act to be consistent with the 2016 Act). This no longer applies only in Gaelic-speaking areas (which was not defined in the 1980 Act, resulting in potential uncertainty). The teaching of the Gaelic language as part of an education authority’s duty to provide further education also no longer applies only in Gaelic-speaking areas.
Section 20: Duty to promote Gaelic education in exercising functions under the Education (Scotland) Act 1980
72.Section 20 of the Act inserts a new section 14A into the 2016 Act. In exercising its functions under the 1980 Act, an education authority must promote, facilitate and support Gaelic learner education, Gaelic medium education and the teaching of the Gaelic language in its provision of further education, and have regard to the needs and interests of pupils and prospective pupils.
73.Although section 15 of the 2016 Act imposes a duty to promote and support Gaelic medium education and learning, that relates only to provision which the education authority is already making. The duty in inserted section 14A is therefore a broader duty.
Section 21: Information-sharing about Gaelic education
74.Section 21 of the Act inserts a new section 16A into the 2016 Act. This allows Bòrd na Gàidhlig to serve a notice on an education authority requiring it to provide information about Gaelic learner education, Gaelic medium education or the teaching of the Gaelic language in its provision of further education. An education authority must comply with the notice.
Section 22: Gaelic education delivery planning
75.Section 22 modifies section 3 of the 2005 Act, which sets out the requirements for Gaelic language plans. Where the authority preparing the plan is an education authority, the plan must set out the authority’s plan for the provision of Gaelic education, and the authority must consult the interested persons listed in inserted subsection (6A) on those elements of the plan. The existing power for the Scottish Ministers to make regulations about the content of Gaelic language plans is expanded to allow for further provision about the matters which an education authority must include in its Gaelic language plan under inserted subsection (4A).
76.Definitions of “Gaelic learner education” and “Gaelic medium education” are added for the purposes of this section. Gaelic medium education will include Gaelic medium early learning and childcare, because “
Section 23: Production of material relating to Gaelic education qualifications
77.Section 23 inserts two new sections into the 2016 Act imposing duties on the Scottish Qualifications Authority (“
78.Inserted section 16B requires that the SQA must ensure that its qualifications include an appropriate number and range of qualifications available in Gaelic, and must seek advice from the Scottish Ministers, Bòrd na Gàidhlig and other persons with expertise or interest.
79.Inserted section 16C requires the SQA to produce information, guidance or documents for use in connection with qualifications in Gaelic for Gaelic qualifications, where equivalent material is produced for English language qualifications. This could include material such as study guides or marking guidance. The SQA must translate any such material on request from the Scottish Ministers, whether or not the material was produced before the section comes into force.
Section 24: Duty to support access to Gaelic medium education
80.Section 24 modifies section 15 of the 2016 Act to place an education authority under a duty to support a child who is resident in its area to access Gaelic medium education provided in the area of another education authority, so far as reasonably practicable. This applies both where the home authority does not provide Gaelic medium education, and where it does but it is not reasonably practicable for the child to access it (for example, because it is too far to travel).
Section 25: Duty to establish a catchment area for schools providing Gaelic medium education
81.Section 25 inserts a new section 15A into the 2016 Act, requiring an education authority to establish a catchment area for each Gaelic medium school. For schools which exist prior to the day this section comes into force, a catchment area must be established within a period of 2 years of that day. For schools which are established after this section comes into force, the duty will apply on establishment of the school. The catchment area may, but need not, be the same as for other schools, or for any English medium education at the same school. In establishing a catchment area, the education authority must take account of the need to provide reasonable travel arrangements.
Section 26: Transport to Gaelic medium education: application of Schools (Consultation) (Scotland) Act 2010
82.Section 26 adds a proposal to discontinue arrangements for transport for pupils in Gaelic medium education to schedule 1 of the Schools (Consultation) (Scotland) Act 2010, with the effect that an education authority will have to follow the process set out in that Act for any such relevant proposal. This is not limited to arrangements for transport within the local authority area and so would apply to any proposal to discontinue any transport arrangements for pupils in Gaelic medium education, whether or not that is within the local authority area. New paragraph 7A inserted into schedule 2 provides the list of relevant consultees for such a relevant proposal, and the substitution of paragraph 11 means that Comann nam Pàrant (Nàiseanta) will also be a relevant consultee for all proposals affecting Gaelic medium education.
Section 27: Assessments: power to make different provision for different areas
83.Section 27(2)(a) modifies the 2016 Act so that the power in section 9(7) to vary the number of children which will trigger the requirement for a full assessment of Gaelic medium primary education provision can apply to different areas within an education authority’s area.
84.If the power in section 9(7)(b) were to be used to make different provision for different parts of an education authority’s area, that could result in a different number being specified for different parts of a GMPE assessment area (which an education authority sets under section 8 of the 2016 Act as the basis for assessing need). For example, if the power was used to set different numbers for rural and urban areas, a GMPE assessment area which was mostly rural but which included a housing development on the outskirts of a city could be subject to different numbers of children to satisfy the condition in section 9(6). Inserted subsection (7A) provides that in that situation, the lowest number is to be read as applying to the whole of the GMPE assessment area, so that it is clear whether or not the condition in section 9(6) has been met.
Section 28: Assessments of requests for Gaelic medium education
85.Section 28 modifies the 2016 Act with the effect that the process set out for the assessment of whether to provide Gaelic medium primary education (GMPE) is modified and extended so that it will also apply to early learning and childcare.
86.Definitions of “Gaelic medium early learning and childcare” and the abbreviation “GMELC” are added to section 18 (interpretation) of the 2016 Act and inserted into sections 7, 8, 12 and 13 so that all references to Gaelic medium primary education also extend to Gaelic medium early learning and childcare.
87.Section 7 is amended so that a request to an education authority to assess the need for the provision of GMPE or Gaelic medium early learning and childcare (GMELC) can be made by Comann nam Pàrant (Nàiseanta) or Bòrd na Gàidhlig, as well as by the parent of a child who is under school age, has not commenced attendance at a primary school, and is resident in the education authority’s area.
88.Section 7(2) is repealed. This required a request to include evidence of demand for GMPE from parents of other children resident in the education authority area and in the same year group. Instead, while a request may be accompanied by evidence of demand under subsection (3), it will be for the education authority to provide an opportunity for this evidence to be submitted to it (see the modifications to section 12 described below). This means that the definition of “year group” in section 7(4) is no longer required and is repealed.
89.Section 8 is modified to add a guidance making power for the Scottish Ministers which specifically relates to the functions of education authorities under sections 8, 12 and 13: that is, designating an assessment area, making an assessment, and taking action following that assessment. The other changes to section 8 are to extend its application to GMELC.
90.Sections 9, 10 and 11 are repealed. Section 9 required an education authority to make an initial assessment of a request with section 10 imposing duties on the authority following that assessment. The repeal of sections 9 and 10, and the modification of section 12 discussed below, means that there will now be a single assessment rather than the previous two stage process. Section 11 provided a mechanism to avoid repeat requests: this is now inserted into section 12 as subsection (1A).
91.Section 12 is amended so that the duty on an education authority in response to a request is to consider its provision of GMPE or GMELC, and the demand for GMPE or GMELC in the relevant assessment area, and complete an assessment of the need for the provision of GMPE or GMELC in the relevant assessment area. The assessment of demand should take into account projections for future demand, for example if there is evidence that there is a cohort of pre-school children in the area whose parents are interested in GMPE. The assessment must be completed within 6 months of receipt of a request under section 7(1).
92.New subsections (1A) and (1B) replicate what was section 11 for the new assessment process: an education authority need not carry out the consideration and assessment required by subsection (1) if it has within the previous 2 years published a report of an assessment in respect of the same assessment area and same stage of provision. Where a request is made to assess the need for GMPE, a request within two years to assess the need for GMELC will still need to be considered (and vice versa).
93.The Scottish Ministers may direct an education authority to carry out a repeat assessment in cases where they consider that appropriate: for example, there might have been a significant change to school provision or population in the area during that time.
94.Section 12 is also amended so that the education authority must seek advice on the assessment from HM Inspectors of Schools, Bòrd na Gàidhlig and Comann nam Pàrant (Nàisenta), and must publicise arrangements for receiving representations from parents, children and other persons with expertise or interest in the Gaelic language. The references to children include both children who are attending school in the area, and children who are resident in the area, to ensure that this includes for example children who are attending Gaelic medium education in another area. The authority must have regard to these representations in deciding whether to secure the provision of GMPE or GMELC in the assessment area.
95.Section 13 is amended so that the report of the assessment must be published on the authority’s website as soon as reasonably practicable after the assessment has been completed. The other changes to section 13 reflect the changes made to the previous provisions.
96.Section 14, which conferred a power to extend Part 2 of the 2016 Act to early learning and childcare, is repealed.
97.Definitions which are no longer used are repealed from section 18(2) (interpretation of Part 2).
Section 29: All-Gaelic schools: viability of establishment
98.Section 29 inserts four new sections into the 2016 Act.
99.Inserted section 13A provides that an education authority must, when requested to do so, consider provision of and demand for Gaelic medium education in its area and complete an assessment of whether it would be viable for the authority to establish an all-Gaelic school in the area specified in the request. A request for an assessment of viability can be made by a parent of a child resident in the education authority’s area, by Comann nam Pàrant (Nàiseanta) or by Bòrd na Gàidhlig. The area specified in the request need not be the whole of the education authority’s area: it could be a more specific area within that, although the duty would then be to complete an assessment of viability in that smaller area. The education authority has 9 months in which to make an assessment.
100.The authority need not make an assessment where there has been another request within the previous 2 years, if that request relates to the same area. A request relates to the same area if, assuming it had led to the establishment of an all-Gaelic school, it would have been reasonably practicable for pupils to whom the further request relates to access that school. For example, another request within two years to make an assessment for the same small town would not have to be considered, but another request to make an assessment for an entirely different part of the education authority’s area might have to be considered, depending on the particular circumstances for travel and other access.
101.Inserted section 13B sets out the process for assessments. The education authority must seek advice from Bòrd na Gàidhlig, Comann nam Pàrant, His Majesty’s Inspectors of Schools and other education authorities which have established all-Gaelic schools within their areas. The education authority must consider representations from parents of children resident or attending schools in its area, children resident or attending schools in its area and such other persons with expertise or an interest in the Gaelic language as the authority considers appropriate. Arrangements for receiving representations from these groups must be publicised. The authority must also have regard to a range of relevant factors set out in section 13B(2). It must assess that it would be viable to establish an all-Gaelic school in the area specified in the request unless, having regard to those factors, it would be unreasonable to make that assessment. The assessment may be that it would be viable to establish an all-Gaelic school if certain circumstances occur.
102.There is a power for the Scottish Ministers to modify subsections (1) and (2) to adjust the people whose advice or representations must be sought, or to adjust the list of things to which the authority must have regard. The regulations will be subject to the negative procedure by virtue of section 31(4) of the 2016 Act.
103.Inserted section 13C sets out the duties of education authorities following assessments. The authority must publish the assessment, including the result of the assessment, the evidence considered by the authority and the reasons for the result.
104.Where the assessment is that it would be viable to establish an all-Gaelic school, the authority must specify in the assessment the period within which the authority considers it would be reasonably practicable to do so. It must then take such steps to establish the school as are reasonably practicable. For example, the authority would need to formulate a proposal which would then be subject to the process set out in the Schools (Consultation) (Scotland) Act 2010.
105.Where the assessment is that it would be viable to establish an all-Gaelic school if certain circumstances occur, the authority must additionally include in the assessment details of what those circumstances are and how they will be kept under review. Reviews must be published. After the circumstances occur, the authority must take such steps to establish the school as are reasonably practicable.
106.Inserted section 13D gives the Scottish Ministers a power to direct an authority to take a step which is required to establish an all-Gaelic school if the authority has made a positive assessment of viability but failed to take such a step. Before making a direction, the Scottish Ministers must seek advice from Bòrd na Gàidhlig and HM Inspectors of Schools and consult the education authority.
107.Section 29(3) inserts a definition of “all-Gaelic school” into the 2016 Act. It is a school at which all of the education provided is Gaelic medium education, all other services related to the provision of education are delivered in Gaelic, and the use of any shared facilities is separate to the use of those facilities by another school.
Section 30: Duty to consult and plan on delivery of early learning and childcare
108.Section 30 amends section 50 of the Children and Young People (Scotland) Act 2014 so that an education authority is required to consult on whether, and if so how, it should make Gaelic medium early learning and childcare available.
Section 31: Conditions of grants to the Scottish Further and Higher Education Funding Council
109.Section 31 amends the Further and Higher Education (Scotland) Act 2005 to insert a new section 9E.
110.The Further and Higher Education (Scotland) Act 2005 establishes the Scottish Further and Higher Education Funding Council. Section 9 allows the Scottish Ministers to make grants to the Council subject to such terms and conditions as the Scottish Ministers consider appropriate. New section 9E provides that the Scottish Ministers may impose terms and conditions for the purpose of enabling, encouraging or increasing participation in fundable further education and fundable higher education in the Gaelic language and in Gaelic culture (as defined in subsection (2)). Section 5(1) and (2) of the Further and Higher Education (Scotland) Act 2005 defines fundable further education and section 5(3) defines fundable higher education.
111.Section 31(2) makes consequential amendments to add references to section 9E where there are other references to terms and conditions.
Section 32: Review of status of Sabhal Mòr Ostaig
112.Section 32 requires the Scottish Ministers to take such action as they consider appropriate to support the development of Sabhal Mòr Ostaig (that is, the body with company number SC361752) as the national centre for Gaelic language, education and culture in Scotland.
113.In exercising that duty, the Scottish Ministers must conduct a review of the status of Sabhal Mòr Ostaig within 1 year of subsection (4) coming into force. The review must in particular consider the funding of Sabhal Mòr Ostaig and whether it should be designated under section 44(1) of the Further and Higher Education (Scotland) Act 1992. That section allows the Scottish Ministers to designate any institution providing higher education. The review must also consider any other action that may be taken to support Sabhal Mòr Ostaig. Ministers must publish a report on the review and lay the report before the Scottish Parliament.
114.Before the completion of the review, the Scottish Ministers may take any action they consider appropriate to support the development of Sabhal Mòr Ostaig. Once the report on the review is published, the duty under subsection (1) to take action to support the development of Sabhal Mòr Ostaig is discharged by the Scottish Ministers taking the actions set out in the report.
