14.Section 2 of the Act adjusts the functions of Bòrd na Gàidhlig, the public body established by the 2005 Act.
15.Subsection (2)(a) inserts new paragraphs into section 1(2) of the 2005 Act to confer additional functions on Bòrd na Gàidhlig, and repeals the function of monitoring, and reporting to the Scottish Ministers on, the implementation of the European Charter for Regional or Minority Languages dated 5 November 1992 in relation to the Gaelic language. “Gaelic language”, “Gaelic education” and “Gaelic culture” referred to at inserted paragraph (ab) are all defined in section 10 of the 2005 Act.
16.Subsection (2)(b) removes reference to securing the status of Gaelic as an official language from the description of how Bòrd na Gàidhlig’s functions are to be exercised, as the status of the Gaelic language is now dealt with by inserted section A1. It also adjusts the list in section 1(3) of the 2005 Act, which describes how Bòrd na Gàidhlig’s functions are to be exercised, to make reference to areas of linguistic significance, introduced by section 4 of the Act .
17.New subsections (3A) and (3B) are relocated from sections 8(9) and (10) of the 2005 Act, since the remaining provisions of section 8 are being repealed and so it is clearer for these provisions to be understood as part of the functions of Bòrd na Gàidhlig. The reference to section 8(9) in schedule 1 paragraph 11(2) is amended as a result.
18.New subsection (3C) requires Bòrd na Gàidhlig to provide, or procure the provision of, advice, assistance and support to any person in the preparation of a plan for the development or promotion of the Gaelic language, Gaelic education and Gaelic culture in relation to a community in a particular area. A “person” could include an individual or a legal person such as an organisation (whether incorporated or not), by virtue of the definition in schedule 2 of The Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999. The plan could cover any size of area, and any sort of community.
Commentary on Provisions Part 1: Gaelic Chapter 1: Support for the Gaelic language Section 2: Functions of Bòrd na Gàidhlig