Commentary on Provisions Part 1: Gaelic Chapter 2: Education Section 17: Guidance to public authorities relating to Gaelic education
63.Section 17 of the Act inserts a new section 6C into the 2016 Act, requiring the Scottish Ministers to give guidance to Scottish public authorities relating to Gaelic learner education and Gaelic medium education, the teaching of the Gaelic language in the provision of further education by education authorities, and the development of such education. The Scottish Ministers must consult the interested parties listed in subsection (3) in preparing the guidance.
64.By virtue of schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, “Scottish public authority” has the meaning given to it by section 126(1) of the Scotland Act 1998, which is “any public body (except the Parliamentary corporation), public office or holder of such an office whose functions (in each case) are exercisable only in or as regards Scotland”.
65.A Scottish public authority having functions relating to education must, to the extent that the guidance relates to those functions, have regard to the guidance. For example, this power could be used to give guidance to Scottish public authorities which produce resources to be used in schools.
66.This replaces section 9(1) to (2A) of the 2005 Act, which conferred a guidance-making power on Bòrd na Gàidhlig. Those provisions (and section 16 of the 2016 Act which inserted them into the 2005 Act) are repealed. References in the 2016 Act to guidance under section 9 of the 2005 Act are changed to be references to guidance under this section.