Scottish Languages Act 2025

Prospective

28 Assessments of requests for Gaelic medium education S

(1) The Education (Scotland) Act 2016 is modified as follows.

(2) The italic heading immediately preceding section 7 becomes “Assessments: primary education and early learning and childcare”.

(3) In section 7 (assessment requests)—

(a) in subsection (1)—

(i) for the words from “person” to “resident” substitute “relevant person may request an education authority”,

(ii) at the end insert “or Gaelic medium early education and childcare (in this Part, “GMELC”)”,

(b) after subsection (1) insert—

“(1A) In subsection (1), a “relevant person” is—

(a) a parent of a child who—

(i) is under school age,

(ii) has not commenced attendance at a primary school, and

(iii) is resident in the area of the education authority to whom the request is made,

(b) the body known as Comann nam Pàrant (Nàiseanta),

(c) Bòrd na Gàidhlig.”,

(c) subsection (2) is repealed,

(d) in subsection (3)—

(i) after “GMPE” insert “or GMELC, as the case may be,”,

(ii) “other” is repealed,

(iii) “and” at the end of paragraph (a) is repealed,

(iv) paragraph (b) is repealed,

(e) subsection (4) is repealed,

(f) in subsection (6)—

(i) in paragraph (b), the words “(including evidence in addition to that mentioned in subsection (2))” are repealed,

(ii) in paragraph (c), for “subsections (2) and (3)” substitute “subsection (3)”.

(4) In section 8 (GMPE assessment areas)—

(a) in subsection (2), after “GMPE” insert “or GMELC, as the case may be”,

(b) in subsection (3), for “GMPE” substitute “relevant”,

(c) in subsection (4)—

(i) in the opening words, for “GMPE” substitute “relevant”,

(ii) in paragraph (a)(i), after “GMPE” insert “or GMELC, as the case may be,”,

(iii) in paragraph (a)(ii), after “GMPE” insert “or GMELC, as the case may be,”,

(iv) in paragraph (b), for “could reasonably be met in the GMPE” substitute “or GMELC, as the case may be, could reasonably be met in the relevant”,

(d) in subsection (5)—

(i) in paragraph (a), “any” is repealed,

(ii) in paragraph (b), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(iii) in paragraph (c), after “GMPE” insert “or GMELC, as the case may be,”,

(e) after subsection (5) insert—

“(6) The Scottish Ministers may give guidance to education authorities relating to their functions under this section and sections 12 and 13.

(7) An education authority must have regard to any guidance given by the Scottish Ministers under subsection (6).”.

(5) The title of section 8 becomes “GMPE or GMELC assessment areas”.

(6) Sections 9, 10 and 11 are repealed.

(7) In section 12 (full assessments)—

(a) for subsection (1) substitute—

“(1) An education authority must, within the period of 6 months beginning with the day on which a request under section 7(1) is received—

(a) consider—

(i) its provision of GMPE or GMELC, as the case may be (if any),

(ii) the demand for GMPE or GMELC, as the case may be, in the relevant assessment area, including projections for future demand, and

(b) complete an assessment of the need for the provision of GMPE or GMELC, as the case may be, in the relevant assessment area.”,

(b) after subsection (1) insert—

“(1A) An education authority need not comply with the duty imposed by subsection (1) if—

(a) it has published a report under section 13(4) following a previous request under section 7(1),

(b) the relevant assessment area for the previous request is the same as the relevant assessment area for the further request,

(c) the previous request and the further request either both request an assessment ff the need for GMPE or both request an assessment of the need for GMELC, and

(d) the further request is received within the period of 2 years beginning with the day on which the previous request was received.

(1B) Despite subsection (1A), 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.

(1C) The Scottish Ministers must consult the education authority before giving a direction under subsection (1B).”,

(c) in subsection (2)—

(i) paragraph (c) is repealed,

(ii) for paragraph (d) substitute—

“(d) seek advice from those persons on the assessment to be completed by the authority under subsection (1)(b).”,

(d) in subsection (3)—

(i) in paragraph (c), after “Pàrant” insert “Nàiseanta”,

(ii) paragraph (d) is repealed,

(e) in subsection (4)—

(i) in paragraph (a), for “views” substitute “advice”,

(ii) in paragraph (b), for “views are” substitute “advice is”,

(f) after subsection (4) insert—

“(4A) The authority must publicise arrangements for receiving representations about the assessment to be completed by the authority under subsection (1)(b) from—

(a) parents of children resident or attending school in the education authority’s area,

(b) children resident or attending school in the education authority’s area, and

(c) such other persons with expertise or an interest in the Gaelic language as the education authority considers appropriate.”,

(g) in subsection (5), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(h) in subsection (6)—

(i) before paragraph (a) insert—

“(za) the matters mentioned in sub-paragraphs (i) and (ii) of subsection (1)(a),”,

(ii) in paragraph (a)—

(A) for “views” where it first appears substitute “advice”,

(B) for “views are” substitute “advice is”,

(iii) after paragraph (a) insert—

“(aa) representations made by virtue of subsection (4A),”,

(iv) in paragraph (b), “any” is repealed,

(v) paragraph (c) is repealed,

(vi) in paragraph (d), for “mentioned in section 9(3) from parents of children” substitute “or GMELC, as the case may be, from parents of children who reside within the relevant assessment area”,

(vii) in paragraph (e), after “GMPE” insert “or GMELC, as the case may be,”,

(viii) in paragraph (f), after “GMPE” insert “or GMELC, as the case may be,”,

(ix) in paragraph (g)(i), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(x) in paragraph (g)(ii), for “GMPE assessment area could access GMPE” substitute “relevant assessment area could access GMPE or GMELC, as the case may be,”,

(xi) in paragraph (h), after “GMPE” insert “or GMELC, as the case may be,”,

(xii) in paragraph (i), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(xiii) in paragraph (j), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(xiv) after paragraph (l) insert—

“(m) its duty under section 14A.”,

(i) in subsection (7), for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”.

(8) The title of section 12 becomes “Assessments”.

(9) In section 13 (procedure following full assessment)—

(a) in subsection (1)—

(i) for “a full” substitute “an”,

(ii) for “in a GMPE” substitute “or GMELC, as the case may be, in a relevant”,

(b) in subsection (2)—

(i) in paragraph (a), after “GMPE” insert “or GMELC, as the case may be,”,

(ii) in paragraph (c), after “GMPE” in each place where it appears insert “or GMELC, as the case may be,”,

(c) in subsection (3)—

(i) in paragraph (a), for “parent” substitute “person”,

(ii) in paragraph (a), “full” is repealed,

(iii) paragraph (b) is repealed,

(iv) in paragraph (c), “other” is repealed,

(d) in subsection (4), at end insert “as soon as reasonably practicable after the assessment has been completed”,

(e) subsection (5) is repealed,

(f) in subsection (6)—

(i) for “in the GMPE” substitute “or GMELC, as the case may be, in the relevant”,

(ii) for “such GMPE” substitute “such GMPE or GMELC, as the case may be,”,

(g) in subsection (7), for “is provided in the GMPE” substitute “or GMELC, as the case may be, is provided in the relevant”.

(10) The title of section 13 becomes “Procedure following assessment”.

(11) Section 14 and the italic heading immediately preceding it are repealed.

(12) In section 18(2) (interpretation of Part 2)—

(a) after the definition of “Gaelic learner education” insert—

• ““Gaelic medium early learning and childcare” means Gaelic medium education which would discharge (wholly or in part) the duty under subsection (1) of section 1 of the 1980 Act to the extent it is exercisable as mentioned in subsection (1A) of that section,”,

(b) after the definition of “Gaelic medium primary education” insert—

• ““GMELC” means Gaelic medium early learning and childcare,”,

(c) after the definition of “primary school” insert—

• ““relevant assessment area” is to be construed in accordance with section 8,”,

(d) the definitions of “full assessment”, “GMPE assessment area”, “initial assessment”, “specified child” and “year group” are repealed.

Commencement Information

I1 S. 28 not in force at Royal Assent, see s. 48(2)