20.Section 4 of the Act modifies the 2005 Act to insert four new sections.
21.Inserted section 1A sets out the criteria by which an area may be designated as an area of linguistic significance under section 1B.
22.Under subsection (1)(a), an area may be designated if it contains a significant number of people with Gaelic language skills. Gaelic language skills would include being able to speak, read or write Gaelic, or being able to understand spoken Gaelic, at any level of fluency. Under subsection (2), a “significant number” is taken to be 20% of the area’s population. This could be established for example by looking at census figures.
23.Under subsection (1)(b), an area which does not contain a significant number of people with Gaelic language skills may still be designated if it is historically connected with the use of Gaelic (for example because there have been a significant number of people with Gaelic language skills in the past), it is one in which teaching and learning by means of the Gaelic language is provided (for example, through the provision of Gaelic medium education by the education authority for that area) or it is one in which significant activity relating to the Gaelic language or Gaelic culture takes place (for example, the area regularly hosts a significant music festival including music by Gaelic speaking artists).
24.An “area” does not have to be a local authority area: it could be a smaller area forming part of a local authority area.
25.Inserted section 1B sets out the process for a local authority to designate all or part of its area as an area of linguistic significance, if it considers that the area falls within the description set out in section 1A(1).
26.A local authority must actively consider whether all or part of its area meets the criterion of at least 20% of the population having Gaelic language skills: this consideration must happen within 1 year of the section coming into force, and subsequently every 5 years. If the local authority considers that the criteria is met, it must consider submitting a designation in respect of that area. If it decides not to do so, the local authority must publicise that decision and its reasons for making it.
27.The local authority must consult interested persons and publicise the proposed designation before submitting it to the Scottish Ministers for approval. A designation may be varied or revoked by the local authority, with such variation or revocation being subject to the same process of consultation, publication and submission for approval.
28.The Scottish Ministers may give guidance to local authorities relating to their functions under this section and a local authority must have regard to such guidance. Guidance under this section may in particular relate to how to determine which areas may be designated and factors to be taken into account in determining whether an area contains more than 20% of the population with Gaelic language skills. This could, for example, provide examples of when census output areas or electoral wards might be appropriately considered for designation, or set out more detail on what having Gaelic language skills means, with the potential for this guidance to change over time as circumstances develop. Guidance could also, for example, set out more detail about the kinds of activity which would result in an area being capable of designation under section 1A(1)(b).
29.Inserted section 1C allows Bòrd na Gàidhlig to request a local authority to consider making a designation as an area of linguistic significance. The Bòrd must make such a request if the Bòrd considers that there is evidence of demand for designation by persons residing in the local authority’s area. The local authority must publicise its decision (and the reasons for making the decision) if it decides not to submit a proposed designation as a result of the request. The Scottish Ministers may give guidance to the Bòrd and local authorities about their functions relating to such requests.
30.Inserted section 1D allows the Scottish Ministers to intervene if a local authority decides not to submit a designation when it considers that 20% of an area’s population has Gaelic language skills, or when Bòrd na Gàidhlig has made a request for it to consider making a designation. The Scottish Ministers may require the local authority to reconsider its decision. The local authority must reconsider the decision within 3 months and then either submit a proposed designation or confirm its decision not to do so. If it confirms its decision not to do so, it must notify the Scottish Ministers of the reasons for that.
31.Section 4 also amends section 3(4) of the 2005 Act so that a relevant public authority (as defined in section 10 of the 2005 Act) must set out the measures to be taken in relation to the exercise of its functions in an area of linguistic significance in its Gaelic language plan. Section 4 also expands section 3(8) of the 2005 Act (which sets out more detail on the regulation-making power in section 3(7)) to allow the Scottish Ministers to make further provision about the required content of Gaelic language plans in respect of areas of linguistic significance.
Commentary on Provisions Part 1: Gaelic Chapter 1: Support for the Gaelic language Section 4: Areas of linguistic significance