Gaelic Language (Scotland) Bill
[CONSULTATION DRAFT]
CONTENTS
Section
Bòrd na Gàidhlig
1 Constitution and functions of Bòrd na Gàidhlig
2 National Gaelic language plan
3 Gaelic language plans: guidance, assistance, etc.
4 Directions and guidance
Gaelic language plans
5 Gaelic language plans
6 Gaelic language plans: further provision
7 Review
8 Public bodies to which schedule 2 applies
General
9 Interpretation
10 Regulations and orders
11 Consequential amendments
12 Short title and commencement
__________
Schedule 1 -Bòrd na Gàidhlig
Schedule 2 -Gaelic language plans: public bodies
Schedule 3 -Consequential amendments
Gaelic Language (Scotland) Bill
[CONSULTATION DRAFT]
An Act of the Scottish Parliament to establish a body
having functions exercisable with a view to securing the
status of the Gaelic language as one of the languages of
Scotland, including the function of preparing a national
Gaelic language plan; to require certain public bodies,
where they consider it appropriate, to prepare and publish
plans in relation to the use of the Gaelic language in
connection with the exercise of their functions and to
maintain and implement such plans; and for connected
purposes.
Bòrd na Gàidhlig
1Constitution and functions of Bòrd na
Gàidhlig
(1)There is established a body corporate to be known as
Bòrd na Gàidhlig (in this Act referred to as "the
Bòrd").
(2)The Bòrd has the general functions of-
(a)promoting, and facilitating the promotion of, the use
and understanding of the Gaelic language, and
(b)advising the Scottish Ministers on matters relating
to the Gaelic language and Gaelic culture.
(3)The functions conferred on the Bòrd by this Act are
to be exercised with a view to securing the status of the
Gaelic language as one of the languages
ofScotlandthrough-
(a)increasing the number of persons who are able to
speak or understand the Gaelic language,
(b)encouraging the use of the Gaelic language, and
(c)facilitating access, inScotlandand elsewhere, to the
Gaelic language and Gaelic culture.
(4)Schedule 1 makes further provision with respect to
the status, constitution, proceedings, etc. of the
Bòrd.
2National Gaelic language plan
(1)The Bòrd must, within 12 months of the commencement
of this section, prepare and submit to the Scottish
Ministers a national Gaelic language plan which must
include proposals for promoting, and facilitating the
promotion of, the Gaelic language.
(2)In preparing the plan, the Bòrd must consult such
persons as appear to it to have an interest in the
plan.
(3)The Scottish Ministers may-
(a)approve the plan, or
(b)make such comments on the plan as they think fit and
require the Bòrd to prepare and submit to them, within such
period as they may specify, a further plan taking account
of those comments.
(4)On the plan being approved by the Scottish Ministers,
the Bòrd must publish it in such manner as it thinks
fit.
(5)The Scottish Ministers may, at any time, request the
Bòrd to prepare and submit to them a new national Gaelic
language plan.
(6)Subsections (1) to (4) apply to a plan prepared in
pursuance of a request under subsection (5) as they apply
to a plan prepared in pursuance of subsection (1), but with
the substitution, in subsection (1), of a reference to the
date of the request for the reference to the commencement
of this section.
3Gaelic language plans: guidance, assistance,
etc.
(1)The Bòrd must, from time to time when it thinks fit,
prepare and submit to the Scottish Ministers guidance for
public bodies to which schedule 2 applies in relation to
the exercise of their functions under this Act.
(2)In preparing the guidance, the Bòrd must consult such
persons as appear to it to have an interest in the
guidance.
(3)The Scottish Ministers may-
(a)approve the guidance with or without modifications,
or
(b)reject the guidance and, where they do so, may
require the Bòrd to prepare and submit to them, within such
period as they may specify, revised guidance.
(4)On such guidance being approved by the Scottish
Ministers, the Bòrd must publish it in such manner as it
thinks fit.
(5)The Bòrd must, on the request of a public body to
which schedule 2 applies, provide the body with advice and
assistance in relation to the exercise by the body of its
functions under this Act.
4Directions and guidance
(1)The Scottish Ministers may give the Bòrd directions
(of a general or specific character) and guidance as to the
exercise of the Bòrd's functions.
(2)The Bòrd must comply with any such direction and have
regard to any such guidance.
Gaelic language plans
5Gaelic language plans
(1)Every public body to which schedule 2 applies must,
within the period mentioned in subsection (2)-
(a)determine, having regard to the matters mentioned in
subsection (5), whether it is appropriate to prepare and
publish a Gaelic language plan, and
(b)if the body determines that it is appropriate to do
so, prepare and publish such a plan.
(2)The period referred to in subsection (1) is the
period of 2 years, or such other period as the Scottish
Ministers may by order specify-
(a)from the commencement of this section, or
(b)if later, from the day on which schedule 2 first
applies to the public body in question.
(3)A Gaelic language plan must-
(a)specify how the public body intends the Gaelic
language to be used in connection with the exercise of that
body's functions, and
(b)contain such other information as may be prescribed
in regulations made under section 6(3).
(4)A public body, in determining whether to include in a
Gaelic language plan under subsection (1) measures to
facilitate the use of the Gaelic language in connection
with the exercise of any of the body's functions (in
addition to any measures required to be included by virtue
of regulations made under section 6(3)), must have regard
to the matters mentioned in subsection (5).
(5)The matters referred to in subsections (1) and (4)
are-
(a)the extent to which the persons in relation to whom
the public body's functions are exercisable use the Gaelic
language,
(b)any representations made to the public body in
relation to the use of the Gaelic language in connection
with the exercise of those functions,
(c)any guidance given by the Scottish Ministers,
(d)any guidance given by Bòrd na Gàidhlig and approved
by the Scottish Ministers.
(6)In preparing a Gaelic language plan under subsection
(1), a public body must consult persons appearing to it to
have an interest in the plan.
(7)A public body which has published a Gaelic language
plan under subsection (1) must implement the measures set
out in it.
6Gaelic language plans: further
provision
(1)Where a public body determines under section 5(1) or
7(5) that it is not appropriate to prepare and publish a
Gaelic language plan, it must notify the Bòrd of the
reasons for that determination.
(2)If the Bòrd is not satisfied with those reasons, it
may send a report to the Scottish Ministers giving the
reasons for such dissatisfaction.
(3)The Scottish Ministers may by regulations make
further provision in relation to the content of Gaelic
language plans.
(4)Such regulations may make different provision for
different purposes or for different types of public
body.
7Review
(1)A public body which has published a Gaelic language
plan under section 5(1) must, no later than five years
after the date of publication of the plan-
(a)review the plan,
(b)make such amendments (if any) to the plan as the body
considers necessary or expedient, and
(c)republish the plan (whether or not amended).
(2)Subsections (3) to (6) of section 5 apply in relation
to the review and amendment of a plan under subsection (1)
of this section as they apply in relation to the
preparation of a plan under subsection (1) of that
section.
(3)Subsection (7) of section 5 and subsections (1) and
(4) of this section apply in relation to a Gaelic language
plan republished under subsection (1)(c) of this section as
they apply in relation to a plan published under subsection
(1)(b) of that section.
(4)A public body may, without undertaking a review, at
any time amend a Gaelic language plan published under
section 5(1) (for example, by correcting an error or by
updating factual information which has changed) in a way
that does not alter the plan substantially.
(5)Where a public body determines under section 5(1)
that it is not appropriate to prepare and publish a Gaelic
language plan it must, no later than five years after the
date of the determination, review that determination.
8Public bodies to which schedule 2
applies
(1)The public bodies to which schedule 2 applies are the
persons specified or of a description specified in that
schedule.
(2)The Scottish Ministers may by order amend that
schedule by adding, removing or amending any entry.
General
9Interpretation
(1)In this Act-
"the Gaelic language" means the Gaelic language as
spoken inScotland,"Gaelic culture" means the shared
traditions, attitudes, ideas and identity of those who
speak or understand the Gaelic language.
(2)For the purposes of this Act, the functions of a
public body include-
(a)functions relating to its internal processes, and
(b)the provision by the public body of any services
to the public.
10Regulations and orders
(1)Regulations and orders under this Act are to be made
by statutory instrument.
(2)An instrument containing an order under section 5(2)
or 8(2) or regulations under section 6(3) is subject to
annulment in pursuance of a resolution of the Scottish
Parliament.
11Consequential amendments
Schedule 3 (consequential amendments) has effect.
12Short title and commencement
(1)This Act may be cited as the Gaelic Language
(Scotland) Act.
(2)This Act (except section 10 and this section) comes
into force on such day as the Scottish Ministers may by
order appoint.
(3)An order under subsection (2) may include such
incidental, supplemental, consequential, transitional,
transitory or saving provision in connection with the
coming into force of the provisions brought into force as
the Scottish Ministers think fit.
SCHEDULE 1
(introduced by section 1(4))
BÒRD NAGÀIDHLIG
Status
1 The Bòrd-
(a) is not to be regarded as the servant or agent of the
Crown,
(b) does not enjoy any status, immunity or privilege of
the Crown,
and the Bòrd's property is not to be regarded as
property of, or held on behalf of, the Crown.
Membership
2 (1) The Bòrd is to consist of-
(a) no fewer than 5, nor more than 8, ordinary members,
and
(b) a person whose function is to chair the Bòrd, (in
this schedule referred to as the "Cathraiche") who is to be
an ex officio member,appointed by the Scottish
Ministers.
(2) Each ordinary member is to be appointed for a period
of 3 years.
(3) The Cathraiche is to be appointed for a period of 4
years.
(4) Each member-
(a) may, by written notice to the Scottish Ministers,
resign as a member,
(b) in other respects, holds and vacates office on such
terms and conditions as the Scottish Ministers may
determine,
(c) on the expiry of the appointment, may be reappointed
for a single further consecutive period of the same length
as the initial appointment.
(5) The Scottish Ministers may, by written notice,
remove a member from office if they are satisfied that-
(a) the member's estate has been sequestrated or the
member has been adjudged bankrupt, has made an arrangement
with creditors or has granted a trust deed for creditors or
a composition contract, or
(b) the member-
(i) is incapacitated as a result of physical or mental
illness,
(ii) has been absent from meetings of the Bòrd for a
period longer than three consecutive months without the
permission of the Bòrd, or
(iii) is otherwise unfit or unable to discharge the
member's functions as a member.
3 A person may not be appointed or continue as a member
of the Bòrd if that person is or (as the case may be)
becomes-
(a) a member of the House of Commons,
(b) a member of the Scottish Parliament, or
(c) a member of the European Parliament.
Remuneration and allowances
4 The Bòrd must pay the Cathraiche and the ordinary
members such remuneration and allowances as the Scottish
Ministers may determine.
Chief executive and other staff
5 (1) The Scottish Ministers must, after consultation
with the Cathraiche, make the first appointment of chief
executive of Bòrd na Gàidhlig on such terms and conditions
as the Scottish Ministers may determine.
(2) The Bòrd may, with the approval of the Scottish
Ministers, make subsequent appointments to the post of
chief executive on such terms and conditions as it may with
the approval of the Scottish Ministers determine.
(3) The Bòrd may appoint on such terms and conditions as
it may with the approval of the Scottish Ministers
determine such other employees as it considers
appropriate.
(4) The Bòrd must, as regards such of its employees as
it may with the approval of the Scottish Ministers
determine, make such arrangements as it considers
appropriate for providing, to or in respect of those
employees, pensions, allowances or gratuities.
(5) Such arrangements-
(a) may include the establishment and administration, by
the Bòrd or otherwise, of one or more pension schemes,
and
(b) must, in any case, be approved by the Scottish
Ministers.
(6) The reference in sub-paragraph (4) to the provision
of pensions, allowances or gratuities includes a reference
to their provision by way of compensation for loss of
office or employment or loss or diminution of
emoluments.
Committees
6 The Bòrd may establish committees for or in connection
with such of its functions as it may determine.
Proceedings and meetings
7 (1) The Bòrd may determine its own procedure,
including a quorum for meetings.
(2) The validity of any proceedings of the Bòrd and of
any committee established by it is not affected by any
vacancy among its members or the members of the committee
or by any defect in the appointment of any member of the
Bòrd.
(3) Members of the Scottish Executive, junior Scottish
Ministers and persons authorised by the Scottish Ministers
may attend and take part in meetings of the Bòrd and any
committee established by it, but are not entitled to vote
at such meetings.
Accounts and annual report
8 The Bòrd must-
(a) prepare for each financial year, in accordance with
directions given by the Scottish Ministers, an account of
the Bòrd's expenditure and receipts, and
(b) send the account, by such time as the Scottish
Ministers may direct, to the Auditor General forScotlandfor
auditing.
9 As soon as practicable after the end of each financial
year, the Bòrd must prepare a report on the exercise of its
functions during that year and must-
(a) send a copy of the report to the Scottish Ministers
and publish the report, and
(b) lay the report before the Parliament.
Delegation of functions by the Scottish
Ministers
10 (1) The Scottish Ministers may make arrangements for
any of their functions to be exercised on their behalf,
subject to such conditions as they may impose, by the Bòrd;
and the Bòrd may exercise those functions accordingly.
(2) An arrangement under sub-paragraph (1) does not
affect the responsibility of the Scottish Ministers for the
exercise of their functions.
(3) In sub-paragraph (1), "functions" does not include
the function of making, confirming or approving subordinate
legislation.
General powers
11 The Bòrd may do anything (whether inScotlandor
elsewhere) which is conducive or incidental to the exercise
of its functions, and may in particular-
(a) engage in any business or undertaking,
(b) form or promote (whether alone or with others)
companies (within the meaning of the Companies Act 1985
(c.6)),
(c) form partnerships with others,
(d) with the consent of the Scottish Ministers,
establish or take part in the setting up of organisations
having functions similar to the functions of the Bòrd,
(e) enter into contracts,
(f) make grants and loans,
(g) with the consent of the Scottish Ministers as to
amount, make charges for the provision of advice or other
services,
(h) accept gifts of money or other property,
(i) invest sums not immediately required in relation to
the exercise of its functions.
Grants
12 (1) The Scottish Ministers may make grants to the
Bòrd for such purposes and of such amounts as they think
fit.
(2) Any grant made under sub-paragraph (1) may be made
subject to such conditions as the Scottish Ministers think
fit.
(3) The Bòrd does not have power to borrow money or to
give guarantees.
SCHEDULE 2
(introduced by section 8(1))
GAELIC LANGUAGE PLANS:PUBLIC BODIES
Scottish Parliament and Scottish
Administration
1 The Parliamentary corporation.
2 Any member of the Scottish Executive.
3 Any other office holder in the Scottish
Administration.
Health service
4 Any health service body, that is to say-
(a) any Health Board,
(b) any Special Health Board,
(c) the Common Services Agency for the Scottish Health
Service,
(d) the Scottish Dental Practice Board,
(e) the Mental Welfare Commission forScotland.
Local government etc.
5 Any local authority.
6 Any committee, joint committee or joint board the
members of which, other than ex officio members, are
appointed by one or more local authorities.
7 Any person who, by virtue of section 56(1) of the
Local Government (Scotland) Act 1973 (c.65), discharges any
of the functions of a local authority.
8 Any licensing board within the meaning of the
Licensing (Scotland) Act 1976 (c.66).
9 The Strathclyde Passenger Transport Authority.
10 Any National Park authority.
11 Any joint board constituted by an administration
order under section 36 of the Fire Services Act 1947 (c.41)
or section 147 of the Local Government (Scotland) Act 1973
(c.65).
12 Any joint police board constituted by an amalgamation
scheme made or approved under the Police (Scotland) Act
1967 (c.77).
13 Any Children's Panel Advisory Committee formed under
paragraph 3, or joint advisory committee formed under
paragraph 8, of Schedule 1 to the Children (Scotland) Act
1995 (c.36).
14 Any joint committee, for the administration of
superannuation schemes for persons employed in local
government service or teachers, established by regulations
under section 7 or 9 of the Superannuation Act 1972 (c.11)
respectively.
Housing
15 Any registered social landlord within the meaning of
the Housing (Scotland) Act 2001 (asp 10).
Scottish public authorities
16 The Accounts Commission forScotland.
17 AuditScotland.
18 The Auditor General forScotland.
19 The Chief Investigating Officer established by
section 9(1) of the Ethical Standards in Public Life etc.
(Scotland) Act 2000 (asp 7).
20 The Crofters Commission.
21 The Deer Commission forScotland.
22 The General Teaching Council forScotland.
23HighlandsandIslandsEnterprise.
24 Learning and TeachingScotland.
25 Any local enterprise company, that is to say any
company (within the meaning of the Companies Act 1985
(c.6))-
(a) which is a wholly owned subsidiary (within the
meaning of that Act) of ScottishEnterpriseorHighlandsand
Islands Enterprise, and
(b) with which an agreement (not being one which has
terminated) has been made in pursuance of section 19 of the
Enterprise and New Towns (Scotland) Act 1990 (c.35) by
Scottish Enterprise or Highlands and Islands Enterprise for
the discharge by that company of any of the functions of
Scottish Enterprise or, as the case may be, Highlands and
Islands Enterprise.
26 The Local Government Boundary Commission
forScotland.
27 The Board of Trustees for the National Galleries
ofScotland.
28 The Trustees of the National Library ofScotland.
29 The Board of Trustees of the National Museums
ofScotland.
30 The Parole Board forScotland.
31 The Board of Trustees of theRoyalBotanic
Garden,Edinburgh.
32 The Royal Commission on the Ancient and Historical
Monuments ofScotland.
33 The Scottish Agricultural Wages Board.
34 The Scottish Arts Council.
35 The Scottish Children's Reporter Administration.
36 The Scottish Commission for the Regulation of
Care.
37 ScottishEnterprise.
38 The Scottish Environment Protection Agency.
39 The Scottish Further Education Funding Council.
40 The Scottish Further Education Unit.
41 The Scottish Higher Education Funding Council.
42 TheScottishHospitalEndowments Research Trust.
43 The Scottish Legal Aid Board.
44 Scottish Natural Heritage.
45 The Scottish Qualifications Authority.
46 Scottish Screen.
47 The Scottish Social Services Council.
48 The Scottish Sports Council.
49 The Scottish Tourist Board.
50 The Standards Commission forScotland.
51 The Water Industry Commissioner forScotland.
52 Any holder of an office-
(a) established by or under any enactment, and
(b) appointments to, or designations of, which are made
by a body mentioned in paragraph 5 or 6 of this schedule.
SCHEDULE 3
(introduced by section 11)
CONSEQUENTIAL AMENDMENTS
Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
1 In schedule 3 to the Ethical Standards in Public Life
etc. (Scotland) Act 2000 (devolved public bodies) insert at
the appropriate place "Bòrd na Gàidhlig".
Scottish Public Services Ombudsman Act 2002 (asp
11)
2 In Part 2 of schedule 2 to the Scottish Public
Services Ombudsman Act 2002 (listed authorities amendable
by Order in Council) insert at the appropriate place "Bòrd
na Gàidhlig".