Commentary on Sections The structure of the Act Section 2 – Listed authorities’ British Sign Language plans
7.Section 2 sets out listed authorities’ responsibilities in relation to the preparation and publication of British Sign Language Plans, to be known as “Authority Plans”. Listed authorities are further referred to in section 6, and the schedule sets out all the authorities which will be required to publish their own plans.
8.Subsection (2) sets out the information that is to be included in each Authority Plan. This requires the authority to set out measures to be taken by it in relation to the use of BSL, timescales for doing so, and (where appropriate) how, when, and to what extent any measures to be taken in terms of the most recently published such plan were taken (paragraphs (a) to (c)). Subsection (2)(d) enables the Scottish Ministers to specify by order any additional information to be included in an Authority Plan.
9.Subsection (3)(a) obliges a listed authority, in preparing an Authority Plan, to try to achieve consistency between that plan and the most recently published National Plan. In addition, there are also a number of other matters which an authority is to take into account in preparing a Plan, these being set out at subsection (3)(b). One of these matters, the requirement to have regard to the most recently published progress report under section 4, does not apply for the first Authority Plan when there will not yet be a progress report to refer to (subsection (4)).
10.Subsections (5) and (6) specify the nature of the consultation that listed authorities are obliged to undertake in the production of their plans. The consultation requirement is similar to that for a National Plan. Listed authorities must consult those the authority considers likely to be directly affected or who have an interest in an Authority Plan, and take account of any representations they receive in finalising the Plan. They must, in particular, consult users of BSL, and those who represent such users. Subsection (7) requires that the form and manner of the consultation on draft Authority Plans is to be determined having regard to accessibility to deaf and deafblind BSL users.
11.Subsections (8) and (9) enable an authority to revise its Plan at any time as long as, in doing so, it observes the same requirements (i.e. as set out at subsection (3)) as it did when the Plan was first prepared.
12.Subsection (10) states that an order under subsection (2)(d) is subject to the negative procedure (i.e. is subject to annulment by resolution of the Parliament).