Commentary on Provisions Part 1: Gaelic Chapter 1: Support for the Gaelic language Section 9: Gaelic language plans
47.Section 9 of the Act makes various changes to section 3 of the 2005 Act on Gaelic language plans, to take account of the new national Gaelic language strategy and to adjust the process for preparation of Gaelic language plans. A relevant public authority will be required to have regard to the principle that the Gaelic and English languages are to be accorded equal respect when preparing its Gaelic language plan.
48.Section 4 of the 2005 Act is modified to adjust various timescales and to express these consistently in terms of periods of time.
49.Section 5 of the 2005 Act is modified to require a relevant public authority to provide Bòrd na Gàidhlig with any additional information required following submission of its Gaelic language plan for approval: for example, this could include any background figures or evidence the authority has used in formulating its Gaelic language plan. Section 5(5)(c) is replaced: the new paragraph (c) sets out that the duty to refer the matter to the Scottish Ministers arises on the later of the expiry of two months of the authority advising that modifications are not agreed, or the date that Bòrd na Gàidhlig considers that it will not be able to approve the plan. Bòrd na Gàidhlig can continue to discuss the plan with the authority and need only refer it to the Scottish Ministers once it considers that it will not be able to approve the plan either as originally submitted or with agreed modifications. If an authority fails to respond at all to a request for modifications to its plan, new subsection (5A) provides that Bòrd na Gàidhlig may either approve the plan as originally submitted or refer the matter to the Scottish Ministers. Otherwise, the Gaelic language plan could simply be left unfinished if an authority did not respond to a request for modifications.
50.Section 6 of the 2005 Act is also modified so that a relevant public authority must proactively report to Bòrd na Gàidhlig on the implementation of its Gaelic language plan within 15 months of the plan being approved, and every 12 months thereafter. Those reports may be published by Bòrd na Gàidhlig. The Bòrd must also report to the Scottish Ministers where it considers that a relevant public authority is failing to implement adequately measures in its Gaelic language plan and must publish those reports. The Scottish Ministers must lay those reports before the Scottish Parliament. The Scottish Ministers must direct the authority to implement any or all of the measures in its Gaelic language plan if they accept the Bòrd’s conclusion that the authority is failing to implement these adequately and they consider it necessary or expedient to make such a direction.
51.Section 9 also inserts a new section 7A to the 2005 Act allowing the Scottish Ministers to give guidance to relevant public authorities on Gaelic language plans. This replaces the guidance powers of Bòrd na Gàidhlig in section 8 of the 2005 Act, which is repealed. Section 7A is itself modified by section 16(5) of the Act, which adds provision for the regulations relating to education inserted by that section.