60.Section 16 of the Act inserts a new section 6B into the 2016 Act. This 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 Gaelic learner education, Gaelic medium education and teaching of the Gaelic language in its provision of further education. This is modelled on the power to prescribe standards and requirements in section 2 of the 1980 Act. However, unlike that section, the standards and requirements will not have to apply to every education authority. This will allow for the flexibility needed to account for differing levels of provision of Gaelic education across different education authorities.
61.In preparing regulations under this section, the Scottish Ministers must consult the various interested parties listed in subsection (3) and publish the results of that consultation. The regulations may make different provision for different purposes and different areas (including different parts of an education authority’s area) and are subject to the negative procedure by virtue of section 31(4) of the 2016 Act.
62.Section 16 also modifies section 7A of the 2005 Act, inserted by section 9(6) of the Act, so that the Scottish Ministers may give directions to an education authority relating to the application of the standards and requirements specified in these regulations to the preparation of its Gaelic language plan. A direction may be varied or revoked, and an education authority must comply with a direction given to it.
Commentary on Provisions Part 1: Gaelic Chapter 2: Education Section 16: Power for Scottish Ministers to set standards relating to Gaelic education