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Scottish Languages Act 2025

Type Act of the Scottish Parliament
Publication 2025-07-31
State In force
Jurisdiction Scotland
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Part 1 — Gaelic

Chapter 1 — Support for the Gaelic language

Status of the Gaelic language

Status of the Gaelic language

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(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.

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Bòrd na Gàidhlig

Functions of Bòrd na Gàidhlig

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(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,

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

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(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.

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Bòrd na Gàidhlig corporate plan

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(7A) (1) The Bòrd must submit a corporate plan to the Scottish Ministers. (2) The corporate plan— (a) must set out— (i) the main objectives of the Bòrd in exercising its functions under this Act, (ii) the outcomes by reference to which the achievement of those objectives will be assessed, (iii) a general description of the main activities which the Bòrd plans to undertake, (iv) a general description of how those objectives and activities will contribute to the delivery of the national Gaelic language strategy prepared under section 2A, (b) may include such other material as the Bòrd considers appropriate. (3) The Scottish Ministers may— (a) approve the corporate plan, (b) approve the corporate plan with any modifications they consider appropriate, or (c) reject the corporate plan. (4) Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult the Bòrd before doing so. (5) Where the Scottish Ministers reject the corporate plan, the Bòrd must, as soon as reasonably practicable, modify the corporate plan and resubmit it to the Scottish Ministers. (6) As soon as reasonably practicable after it is approved by the Scottish Ministers— (a) the Bòrd must publish the corporate plan, and (b) the Scottish Ministers must lay a copy of the corporate plan before the Scottish Parliament. (7) The Bòrd— (a) may revise the corporate plan at any time, and (b) must revise the corporate plan when required to do so by the Scottish Ministers. (8) Sub-paragraphs (1) to (7) apply to a revised corporate plan, and to a modified corporate plan submitted under sub-paragraph (5), as they apply to the first corporate plan.

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Areas of linguistic significance

Areas of linguistic significance

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(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.

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(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,

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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,

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National Gaelic language strategy and standards

National Gaelic language strategy

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(2A) (1) The Scottish Ministers must prepare a national Gaelic language strategy. (2) The national Gaelic language strategy— (a) must set out the Scottish Ministers’ objectives in relation to promoting, facilitating and supporting the use of the Gaelic language, (b) must impose targets on the Scottish Ministers in relation to promoting, facilitating and supporting the use of the Gaelic language, (c) must set out the Scottish Ministers’ plans for meeting those objectives and targets, including priorities for action, (d) must set out arrangements for monitoring progress towards meeting the objectives and targets, including— (i) how such progress will be measured, (ii) arrangements for gathering data to allow progress to be measured, (e) may set out any other matters relating to promoting, facilitating and supporting the use of the Gaelic language which the Scottish Ministers consider should be included. (3) Targets set out in the national Gaelic language strategy may in particular relate to— (a) number of persons using the Gaelic language in households, (b) number of children living in households using the Gaelic language, (c) number of businesses, schools or other bodies using the Gaelic language as the main language, (d) education and training in or through the medium of the Gaelic language, (e) activity relating to the Gaelic language or Gaelic culture. (4) In preparing the national Gaelic language strategy, the Scottish Ministers must have regard to the principle that the Gaelic and English languages should be accorded equal respect. (5) In preparing the national Gaelic language strategy, the Scottish Ministers must publish a draft strategy and consult such persons as they consider appropriate. (6) When publishing a draft strategy under subsection (5), the Scottish Ministers must also publicise the arrangements for making representations about the draft strategy. (7) The Scottish Ministers must— (a) publish the results of the consultation undertaken under subsection (5), (b) publish the national Gaelic language strategy in such manner as they consider appropriate, and (c) lay a copy of the strategy before the Scottish Parliament. (8) Subsection (7) must be complied with before the end of the period of 15 months beginning with the day on which section 5(3) of the Scottish Languages Act 2025 comes into force. (9) The Scottish Ministers— (a) must keep the national Gaelic language strategy under review, (b) may revise it as they consider appropriate, and (c) must revise it within the period of five years beginning with the day on which the strategy was last published. (10) Subsections (2) to (7) and (9) apply in relation to any revised national Gaelic language strategy as they apply in relation to the first national Gaelic language strategy. (2B) (1) The Scottish Ministers must have regard to the national Gaelic language strategy in— (a) making policies (including proposals for legislation), and (b) exercising their functions. (2) A relevant public authority must have regard to the national Gaelic language strategy in exercising its functions.

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Gaelic language standards

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