Reform history

- (aa) monitoring, and reporting to the Scottish Ministers on, compliance by relevant public authorities with their duties under this Act,

- (ab) advising and assisting (either on request or when it thinks fit) any person on matters relating to the development of the Gaelic language, Gaelic education and Gaelic culture in a particular area,

- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) The functions conferred on the Bòrd by this Act are to be exercised with a view to ensuring that the Gaelic language is treated with equal respect to the English language through—

- (za) encouraging and supporting the use and understanding of the Gaelic language, with a particular focus on areas of linguistic significance,

- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3A) The Bòrd must, on the request of a relevant public authority, provide the authority free of charge with assistance in relation to the application of this Act to the authority.

- (3B) In giving assistance under subsection (3A), the Bòrd must seek to give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the Gaelic and English languages should be accorded equal respect.

- (3C) In exercising its function under subsection (2)(ab), the Bòrd must in particular provide, or procure the provision of, advice, assistance and support to any person in the preparation of a plan for the development or promotion of the Gaelic language, Gaelic education and Gaelic culture in relation to a community in a particular area.

- (a) any national Gaelic language plan published under section 2 which is for the time being in effect,

- (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,

- (a) any national Gaelic language plan published under section 2 which is for the time being in effect,

- (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,

- (6) In preparing a Gaelic language plan, a relevant public authority must 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.

- (8) Those regulations may make different provision for different purposes or for different types of authority 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,

- (1) The Bòrd must prepare and submit to the Scottish Ministers guidance in relation to the provision of Gaelic education and the development of such provision.

- (1A) Guidance under subsection (1) may, in particular, include provision relating to the provision of Gaelic education in schools.

- (1B) In subsection (1A), “*schools*” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

- (2A) Any relevant public authority having functions relating to, or to the provision of, Gaelic education must, to the extent that guidance under subsection (1) relates to the functions, have regard to the guidance in carrying out the functions.

- “*Gaelic education*” means education consisting of teaching and learning—in the use and understanding of,about, orby means of,the Gaelic language,

- (b) so far as not falling within paragraph (a), a cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters), . . .

- (ba) a post-16 education body within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005,

- (bb) Scottish Rail Holdings,

- (bc) Scottish Water, and

- (b) form, promote or acquire (whether alone or with others) companies (as defined in section 1(1) of the Companies Act 2006),

- (2) Sub-paragraph (1)(g) does not entitle the Bòrd to make charges for the provision of advice and assistance to relevant public authorities under section 1(3A).

#### Status of the Gaelic language

[^c2035273]: S. 13(2) power fully exercised: 13.2.2006 appointed by {[S.S.I. 2006/31](https://www.legislation.gov.uk/ssi/2006/31)}, art. 2

[^key-d2548cf7efe3ab88a3f88043d6446214]: Words in s. 10(1) inserted (15.7.2016) by [Education (Scotland) Act 2016 (asp 8)](https://www.legislation.gov.uk/asp/2016/8), [ss. 17(1)](https://www.legislation.gov.uk/asp/2016/8/section/17/1), [33(2)](https://www.legislation.gov.uk/asp/2016/8/section/33/2); [S.S.I. 2016/192](https://www.legislation.gov.uk/ssi/2016/192), [reg. 2](https://www.legislation.gov.uk/ssi/2016/192/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/192/schedule)

[^key-ccb8ab1f1cc8092bfebc069170cd8a65]: S. 9(1A)(1B) inserted (15.7.2016) by [Education (Scotland) Act 2016 (asp 8)](https://www.legislation.gov.uk/asp/2016/8), [ss. 16(3)](https://www.legislation.gov.uk/asp/2016/8/section/16/3), [33(2)](https://www.legislation.gov.uk/asp/2016/8/section/33/2); [S.S.I. 2016/192](https://www.legislation.gov.uk/ssi/2016/192), [reg. 2](https://www.legislation.gov.uk/ssi/2016/192/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/192/schedule)

[^key-c220e910b6caa7ac7d479440065b1631]: S. 9(2A) inserted (15.7.2016) by [Education (Scotland) Act 2016 (asp 8)](https://www.legislation.gov.uk/asp/2016/8), [ss. 16(4)](https://www.legislation.gov.uk/asp/2016/8/section/16/4), [33(2)](https://www.legislation.gov.uk/asp/2016/8/section/33/2); [S.S.I. 2016/192](https://www.legislation.gov.uk/ssi/2016/192), [reg. 2](https://www.legislation.gov.uk/ssi/2016/192/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/192/schedule)

[^key-9ed286d7346692ca44f575b496b1b95c]: Word in s. 9(1) substituted (15.7.2016) by [Education (Scotland) Act 2016 (asp 8)](https://www.legislation.gov.uk/asp/2016/8), [ss. 16(2)](https://www.legislation.gov.uk/asp/2016/8/section/16/2), [33(2)](https://www.legislation.gov.uk/asp/2016/8/section/33/2); [S.S.I. 2016/192](https://www.legislation.gov.uk/ssi/2016/192), [reg. 2](https://www.legislation.gov.uk/ssi/2016/192/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2016/192/schedule)

[^key-3679777b7da687c1cf5a3bbd1b4bd3d7]: S. 9 and cross-heading repealed (30.11.2025 for specified purposes) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 17(8)](https://www.legislation.gov.uk/asp/2025/10/section/17/8), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-5af9871e772d41a8753b85283e1a5cb6]: S. A1 and cross-heading inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 1(2)](https://www.legislation.gov.uk/asp/2025/10/section/1/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-530d74522a5e3cb36a997417750431d7]: S. 7A inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 9(6)](https://www.legislation.gov.uk/asp/2025/10/section/9/6), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-c866265742f5173ec8069b002e27a265]: S. 7B and cross-heading inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 10(2)](https://www.legislation.gov.uk/asp/2025/10/section/10/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-f62f5f913268037daa2599beb85001e7]: S. 9A and cross-heading inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 12(2)](https://www.legislation.gov.uk/asp/2025/10/section/12/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-8b7c88c9acf91ffd2db5e5532a6b82d5]: S. 7C and cross-heading inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 11(2)](https://www.legislation.gov.uk/asp/2025/10/section/11/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-7c24a6dba665348dc1cff3a7f7bc749f]: S. 1(3A)-(3C) inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(c)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/c), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-86bd71485db0fe99dd76354b6c5cd682]: S. 1(2)(aa)(ab) inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(a)(i)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/a/i), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-a1e311c005330300fe1f075dc51b0705]: S. 1(2)(d) repealed (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(a)(ii)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/a/ii), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-0ead9f58b8662cb0150f86903a7a2287]: Words in s. 1(3) substituted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(b)(i)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/b/i), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-96129870f51fd4986b476bf8c6ba2323]: S. 1(3)(za) inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(b)(ii)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/b/ii), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-d8b224e79083d114408c3e97bff2c307]: S. 1(3)(b) repealed (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(2)(b)(iii)](https://www.legislation.gov.uk/asp/2025/10/section/2/2/b/iii), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-36d79ff13183d322e303a71d1f41eef9]: S. 3(3)(a) substituted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 9(2)(a)(i)](https://www.legislation.gov.uk/asp/2025/10/section/9/2/a/i), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-4dedb1c1bda8ad20a60e402ef391068c]: S. 3(5)(a) substituted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 9(2)(b)(i)](https://www.legislation.gov.uk/asp/2025/10/section/9/2/b/i), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-12a7b7f3c9e10a5dbba06c956b7cd7bf]: S. 3(5)(aa)(ab) inserted (30.11.2025 for the insertion of s. 3(5)(ab), otherwise prosp.) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 9(2)(b)(ii)](https://www.legislation.gov.uk/asp/2025/10/section/9/2/b/ii), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-c20e127e75feec8217d988f69f63041b]: Words in s. 3(6) substituted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 9(2)(c)](https://www.legislation.gov.uk/asp/2025/10/section/9/2/c), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-65d9353b555061edd1d80562a6e1e51a]: Word in s. 10(2) repealed (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 13(2)(a)](https://www.legislation.gov.uk/asp/2025/10/section/13/2/a), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-3ce43f140eeea8b8d03db1c948b68f08]: S. 10(2)(ba)-(bc) inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 13(2)(b)](https://www.legislation.gov.uk/asp/2025/10/section/13/2/b), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-c6f12b1d30d1ac9104cc9b9e50e89fef]: Word in [sch. 1 para. 11(2)](https://www.legislation.gov.uk/asp/2005/7/schedule/1/paragraph/11/2) substituted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 2(3)](https://www.legislation.gov.uk/asp/2025/10/section/2/3), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-c798eee2ffa72fbcdbb6492b48a988ae]: Ss. 2D-2F and cross-heading inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 7(2)](https://www.legislation.gov.uk/asp/2025/10/section/7/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-9acc2f7d46310e84fbd4130c2a3dbdf7]: S. 7A(6)-(8) inserted (30.11.2025) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 16(5)](https://www.legislation.gov.uk/asp/2025/10/section/16/5), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2025/348](https://www.legislation.gov.uk/ssi/2025/348), [reg. 2](https://www.legislation.gov.uk/ssi/2025/348/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2025/348/schedule)

[^key-e402cbae8ea5707a8869a083b29f382c]: Ss. 1A-1D and cross-heading inserted (21.3.2026 for specified purposes) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 4(2)](https://www.legislation.gov.uk/asp/2025/10/section/4/2), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2026/128](https://www.legislation.gov.uk/ssi/2026/128), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2026/128/regulation/2/1)

[^key-2adc30848346285cc777ab4bee2a3f92]: S. 3(4)(aa) inserted (21.3.2026 for specified purposes) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 4(3)(a)](https://www.legislation.gov.uk/asp/2025/10/section/4/3/a), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2026/128](https://www.legislation.gov.uk/ssi/2026/128), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2026/128/regulation/2/1)

[^key-02e9404c2ed77a1cff8879154faabdfd]: Words in s. 3(8) substituted (21.3.2026 for specified purposes) by [Scottish Languages Act 2025 (asp 10)](https://www.legislation.gov.uk/asp/2025/10), [ss. 4(3)(b)](https://www.legislation.gov.uk/asp/2025/10/section/4/3/b), [48(2)](https://www.legislation.gov.uk/asp/2025/10/section/48/2); [S.S.I. 2026/128](https://www.legislation.gov.uk/ssi/2026/128), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2026/128/regulation/2/1)

### Status of the Gaelic language

##### A1

- (1) The Gaelic language has official status within Scotland.

- (2) Subsection (1) is given legal effect by—

- (a) the provisions in this Act conferring functions on Bòrd na Gàidhlig, the Scottish Ministers and other persons in relation to promoting, facilitating and supporting the use of the Gaelic language,

- (b) enactments relating to Gaelic education.

- (3) Subsection (1) does not affect—

- (a) the operation of any other enactment or rule of law,

- (b) the status of any other language.

- (4) In this section “*enactment*” has the meaning given in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.

### Areas of linguistic significance

##### 1A

- (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

- (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

- (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

- (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.

### Functions of relevant public authorities

##### 2D

In exercising its functions, a relevant public authority must have regard to—

- (a) promoting, facilitating and supporting the use of the Gaelic language,

- (b) developing and encouraging Gaelic culture.

##### 2E

- (1) The Scottish Ministers may give guidance to relevant public authorities relating to their duties under section 2D.

- (2) In preparing guidance under subsection (1), the Scottish Ministers must have regard to the principle that the Gaelic and English languages should be accorded equal respect.

- (3) In preparing guidance under subsection (1), the Scottish Ministers must consult—

- (a) the Bòrd, and

- (b) such other persons as the Scottish Ministers consider appropriate.

- (4) The Scottish Ministers must publish the results of the consultation undertaken under subsection (3).

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

- (6) The Scottish Ministers must publish any guidance given under this section.

##### 2F

- (1) The Scottish Ministers may, after consulting with a relevant public authority, give a direction to that authority relating to its duties under section 2D.

- (2) The Scottish Ministers—

- (a) may vary or revoke, and

- (b) must publish,

a direction given under this section.

- (3) A relevant public authority must comply with a direction given to it under this section.

##### 7A

- (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).

- (6) Where the authority required to prepare a Gaelic language plan under this Act is an education authority, the Scottish Ministers may give a direction to that authority relating to the application of the standards and requirements specified in regulations made under section 6B of the Education (Scotland) Act 2016 to the preparation of the plan.

- (7) The Scottish Ministers may vary or revoke a direction given under subsection (6).

- (8) An education authority must comply with a direction given to it under subsection (6).

### Financial assistance for the promotion etc. of the Gaelic language

##### 7B

- (1) The Scottish Ministers may give financial assistance to any person for the purposes of promoting, facilitating and supporting the use of the Gaelic language.

- (2) In subsection (1), “*financial assistance*” includes grants and loans.

- (3) Financial assistance under subsection (1) may be made subject to such conditions as the Scottish Ministers think fit.

### Scottish Ministers’ powers relating to research etc.

##### 7C

The Scottish Ministers may, for the purposes of or in connection with the exercise of their functions under this Act—

- (a) conduct research and inquiries,

- (b) collect data and publish statistics or other information,

- (c) provide training,

- (d) encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c).

### Enforcement of duties

##### 9A

- (1) If the Scottish Ministers are satisfied, either on complaint by any person interested or otherwise, that a relevant public authority has failed to discharge any duty imposed on it by or for the purposes of this Act, the Scottish Ministers may make an order—

- (a) declaring the authority to be in default in respect of that duty, and

- (b) requiring the authority before a date specified in the order to discharge that duty.

- (2) If the relevant public authority has not discharged the duty by the date specified in the order under subsection (1)(b)—

- (a) the Scottish Ministers may make such arrangements as they see fit for the discharge of the duty, or

- (b) the Court of Session may, on the application of the Lord Advocate, order specific performance of that duty.