127.Section 42 gives the Scottish Ministers power to make regulations to specify the standards and requirements to which an education authority must conform in discharging its functions in relation to Scots language education in the schools under its management. This is modelled on the power to prescribe standards and requirements in section 2 of the 1980 Act and the equivalent power in relation to Gaelic education created by section 16 of the Act. Unlike section 2 of the 1980 Act, the standards and requirements will not have to apply to every education authority, allowing for flexibility across different education authorities. The Scottish Ministers must consult interested persons in preparing the regulations.
128.Regulations under this section may make different provision for different purposes and different areas (including different parts of an education authority’s area). Regulations are subject to the negative procedure.
Commentary on Provisions Part 2: Scots Chapter 2: School education Section 42: Standards relating to Scots language education