Commentary on Provisions Part 1: Gaelic Chapter 1: Support for the Gaelic language Section 5: National Gaelic language strategy
32.Section 5 of the Act replaces the National Gaelic language plan prepared by Bòrd na Gàidhlig under section 2 of the 2005 Act with a national Gaelic language strategy to be prepared by the Scottish Ministers.
33.Inserted section 2A sets out the required content of the national Gaelic language strategy, publication requirements and timescales for its preparation and review and revision. In particular, in preparing the strategy the Scottish Ministers must have regard to the principle that the Gaelic and English languages should be accorded equal respect.
34.The strategy must impose targets on the Scottish Ministers in relation to promoting, facilitating and supporting the use of the Gaelic language. Subsection (3) sets out some illustrative examples of matters which may be included in targets. Whilst the strategy cannot impose targets on other persons, relevant public authorities will need to have regard to the targets as part of the strategy when exercising its functions (see inserted section 2B(2)) and preparing a Gaelic language plan (see section 3(5)(aa) inserted by section 9(2)(b)(ii) of the Act).
35.Inserted section 2B requires that the Scottish Ministers must have regard to the strategy when making policies and exercising their functions, and that a relevant public authority must have regard to it in exercising the authority’s functions.
36.Section 2 of the 2005 Act is repealed. Section 2 contains the requirements for the preparation of a national Gaelic language plan. Because it does not contain any provision as to the effect of that plan, any plan prepared will continue in effect for the period it was prepared for, notwithstanding the repeal of section 2.