Designating areas of linguistic significance: Statutory guidance

1. Preface

Introduction

1. Section 1B, Subsections 15-17, of the Gaelic Language (Scotland) Act 2005^[1], as amended by the Scottish Languages Act 2025^[2], affords powers to the Scottish Ministers to publish guidance with regard to processes of considering and implementing designation of Areas of Linguistic Significance.

Box 1

Gaelic Language (Scotland) Act 2005

1B Designation by local authority of an area as an area of linguistic significance

[…]

(15) The Scottish Ministers may give guidance to local authorities relating to their functions under this section.

(16) Guidance under subsection (15) may in particular relate to—

(a) how to determine which areas may be designated as an area of linguistic significance,

(b) factors to be taken into account in determining whether an area falls within the description of an area of linguistic significance set out in section 1A(1)(a),

(c) the process for making such determinations.

(17) A local authority must have regard to any guidance given by the Scottish Ministers under subsection (15).

Source: The legislation.gov.uk website

2. The purpose of this guidance is to provide further explanation in relation to Sections 1A-1D of the 2005 Act, as amended. This includes specifying:

a. What is meant by an Area of Linguistic Significance

b. What duties are placed upon local authorities

c. The processes to be followed, and the criteria to be considered, in designating an Area of Linguistic Significance

d. The role of Bòrd na Gàidhlig and Scottish Ministers in relation to designations

3. Local authorities must have regard to any guidance that the Scottish Ministers publish under Section 1B, Subsection 15. This includes the current guidance.

4. Local authorities should also read this guidance in conjunction with any future guidance or legislation related to Areas of Linguistic Significance.

Definition of terminology

5. Power: A power is defined in legislation as something that a local authority may do. For example, the 2005 Act, as amended, provides the local authority with a power to designate an Area of Linguistic Significance.

6. Duty: A duty is defined in legislation as something that a local authority must do. For example, the 2005 Act also places a duty on the local authority to consider whether all or part of its area falls within the description of an Area of Linguistic Significance as set out in the Act.

7. The Gaelic Language: (also referred to as “Gaelic”, or “Scottish Gaelic”, or “the Scottish Gaelic language”) is defined for the purpose of the 2005 Act as “the Gaelic language as used in Scotland”^[3].

8. Gaelic Culture: is defined for the purpose of the 2005 Act as including “the traditions, ideas, customs, heritage and identity of those who speak or understand the Gaelic language.”^[4] 

9. Local authority: refers to a council constituted under section 2 of the local government etc. (Scotland) Act 1994.

10. Relevant public authority: is defined for the purpose of the 2005 Act as a Scottish public authority, a cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters), the Scottish Parliamentary Corporate Body, a post-16 education body within the meaning of section 35 of the Further and Higher Education (Scotland) Act 2005, Scottish Rail Holdings, or Scottish Water.

Who this guidance applies to

11. This guidance applies to:

• All Scottish local authorities
• Bòrd na Gàidhlig
• The Scottish Government
• Other relevant public authorities operating in Areas of Linguistic Significance, for example:
  • Creative Scotland
  • Historic Environment Scotland
  • Enterprise Agencies operating in the area, such as Highlands and Islands Enterprise, Scottish Enterprise, and South of Scotland Enterprise
  • NHS Board appropriate to the area

12. This guidance will also be of relevance to:

• Community groups, and community members more generally, within areas which may be considered for designation as Areas of Linguistic Significance
• Other private and third-sector organisations with an interest in Gaelic, operating in potential Areas of Linguistic Significance
• Further and Higher Education Institutions offering education in Gaelic, or through the medium of Gaelic, particularly those operating areas which may be considered for designation as Areas of Linguistic Significance