83.Section 27(2)(a) modifies the 2016 Act so that the power in section 9(7) to vary the number of children which will trigger the requirement for a full assessment of Gaelic medium primary education provision can apply to different areas within an education authority’s area.
84.If the power in section 9(7)(b) were to be used to make different provision for different parts of an education authority’s area, that could result in a different number being specified for different parts of a GMPE assessment area (which an education authority sets under section 8 of the 2016 Act as the basis for assessing need). For example, if the power was used to set different numbers for rural and urban areas, a GMPE assessment area which was mostly rural but which included a housing development on the outskirts of a city could be subject to different numbers of children to satisfy the condition in section 9(6). Inserted subsection (7A) provides that in that situation, the lowest number is to be read as applying to the whole of the GMPE assessment area, so that it is clear whether or not the condition in section 9(6) has been met.
Commentary on Provisions Part 1: Gaelic Chapter 2: Education Section 27: Assessments: power to make different provision for different areas