Designating areas of linguistic significance: Statutory guidance

3. Designation of Areas of Linguistic Significance

1. There are two ways, defined in the Gaelic Language (Scotland) Act 2005, as amended, in which an area can be proposed for designation as an Area of Linguistic Significance^[5]:

a. Direct proposal by a local authority

b. Proposal by a local authority following recommendation by Bòrd na Gàidhlig

Direct proposal by a Local Authority

2. The Gaelic Language (Scotland) Act 2005, as amended, outlines four steps involved in proposals by local authorities to designate an “Area of Linguistic Significance”:

a. Consideration of areas for designation, based on specified criteria

b. Consideration of proposal for designation

c. Consultation with relevant stakeholders and publicising proposal

d. Submission of proposal for designation to the Scottish Ministers

Consideration of areas for designation, based on specified criteria

Box 3

Gaelic Language (Scotland) Act 2005

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

(1) A local authority may designate all or part of its area as an area of linguistic significance if it considers that the area falls within the description of an area of linguistic significance set out in section 1A(1).

(2) A local authority must, within the relevant period, consider whether all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a).

(3) In subsection (2), “relevant period” means—

(a) the period of 1 year beginning with the day on which section 4(2) of the Scottish Languages Act 2025 comes into force,

(b) each subsequent period of 5 years.

Source: The legislation.gov.uk website

3. From the date at which Section 4, Subsection 2 of the Scottish Languages Act 2025^[6] is commenced, local authorities will have a period of 1 year in which they must consider whether all or part of their area contains a significant number of people, that is 20% or more of the population, with Gaelic language skills.

4. Current and potential designations under Criterion 1 must be reviewed every 5 years.

Criterion 1: The area contains a significant number of people with Gaelic language skills

5. An area must be considered for designation as an Area of Linguistic Significance if the proportion of people with Gaelic language skills amounts to 20% or more of the area’s overall population.

6. As stated in section 2, paragraph 5 of this guidance, data from Scotland’s Census, which is published by the National Records of Scotland, can be used as one potential starting point for determining the self-reported Gaelic-language skills (understanding, speaking, reading, and writing) present within a given area. This data can be accessed for areas of varying scale, such as covering an entire local authority, covering given electoral wards, or focussed on individual output areas. Examples are provided in Annex A of this guidance.

7. Other sources of data may also be appropriate, including statistics routinely collected by other Gaelic-related organisations, locally available statistics, academic research, and any other data deemed to be relevant. The source(s) of data consulted should be acknowledged in any proposal for designation.

Criterion 2: The area is historically connected with the use of Gaelic

8. Where an area does not meet the minimum threshold of 20% listed in section 3, paragraphs 5-7 of this guidance, an area may be designated as an Area of Linguistic Significance if it has historically been connected with the use of Gaelic.

9. Legislation does not specify how such a historical connection is to be understood or interpreted, and local authorities have discretion over how they may apply this criterion.

10. Many electoral wards in both mainland and island areas may not currently have an adequate percentage of people with Gaelic skills but retain a strong sense of Gaelic heritage and a wish to take steps to promote and support Gaelic in their area. Such areas, for example, may contain constituent areas which do possess a strong population of people with Gaelic skills, or there may be a general persistent awareness and respect for the Gaelic language within the area. Alternatively, the Gaelic language may have a palpable legacy within the area, featuring prominently in place names, memories or local customs associated with the area.

11. Examples of indicators of a “historical connection with Gaelic” might include (but are not limited to):

a. The language was spoken by a large proportion of the population until relatively recently, (e.g. 25-50 years ago), or within living memory, according to census statistics

b. There is a visible influence of the language on local place names and landmarks (with reference to information from Ainmean-Àite na h-Alba), dialectal features in English or other languages used in the area, or on signage on roads or buildings

c. The area is featured in, or has produced, a number of famous Gaelic-speaking historical figures or cultural products (such as writings, music, art, traditions). These may be prominent figures appearing in archival material held, for example, by Tobar an Dualchais

d. Gaelic-related traditions are still practised, such as Oidhche Challain (Old New Year) or have until recently been practised, within the area

Criterion 3: Significant teaching and learning by means of Gaelic is present within the area

12. Where an area does not meet the minimum threshold of 20% listed in section 3, paragraphs 5-7 of this guidance, an area may be designated as an Area of Linguistic Significance if, within it, there is evidence of the presence of significant teaching and learning of, or through the medium of, Gaelic in the present day.

13. Legislation does not specify the type, quantity, or level of teaching and learning which would be expected, and local authorities have discretion over how they may apply this criterion.

14. As a guide, it is expected that there might be evidence of:

a. Gaelic-medium or Gaelic learners school education operating at different levels, and/or

b. The provision of a range of Gaelic out-of-school activity for young people, and/or

c. The provision of Gaelic adult education for parents and other members the community and/or

d. Gaelic-medium or Gaelic learners education or research at Further or Higher Education Institutes

Criterion 4: Significant activity related to the Gaelic language or Gaelic culture takes place within the area

15. Where an area does not meet the minimum threshold of 20% listed in section 3, paragraphs 5-7 of this guidance, an area may be designated as an Area of Linguistic Significance if, within it, there is evidence of the presence of significant activity related to the Gaelic language or Gaelic culture.

16. Legislation does not specify the type, quantity, scale or frequency of Gaelic language or Gaelic cultural activities which would be expected, and local authorities have discretion over how they may apply this in their own context.

17. As a guide, significant activity relating to the Gaelic language and culture may be expected to relate to activities which would have a notable and sustained profile in the area. These would likely attract visible community support, involvement and recognition. 

18. Examples of relevant indicators might include (but are not limited to):

a. The area frequently hosts a high-profile Gaelic-language cultural event, such as the Mòd Nàiseanta Rìoghail (Royal National Mòd), or a Fèisean nan Gàidheal event

b. The area hosts one or more popular locally organised events related to the Gaelic language and culture (for example: local festivals and competitions, community gatherings, debates, etc.)

c. There is evidence of existing community language planning or language revitalisation efforts, or a demonstrable desire to engage in this

19. In considering designation of an area under Criteria 2-4, local authorities may wish to consider other factors such as: concentrations of people with Gaelic skills (even if under 20%), spread of cultural and/or educational activities, and origin of attendees at such activities.

20. Local authorities should also be mindful that administrative boundaries may not reflect sociolinguistic boundaries which may exist within a given area under consideration as an Area of Linguistic Significance, and which may be of more relevance to inhabitants of that area. For example, some sociolinguistic areas may cross over more than one output area, electoral ward, or even local authority. In the latter case, it is expected that local authorities will work in partnership to identify appropriate solutions to ensure that proposed designations do not have the effect of inappropriately dividing existing Gaelic-speaking communities.

Summary of Designation Options open to Local Authorities

21. This guidance has underlined the potential advantages of using electoral wards as a relevant geographical unit for designation purposes. Having provided an explanation of the designation criteria above, this section provides a summary of the designation options open to local authorities, along with relevant examples. It continues with the recommendation of electoral wards as the initial area for local authorities to focus on when considering the designation of an Area of Linguistic Significance while still recognising the benefits and possibilities in other approaches. A more detailed list of the options that could be available to local authorities, with reference to specific geographical areas, and supported by data from Scotland’s Census 2022, can be found in Annex A.

22. 20% with Gaelic Skills in a local authority: An authority could designate its entire area if the area has at least 20% of the population with Gaelic skills. An example of this would be Comhairle nan Eilean Siar where all eleven electoral wards contain more than 20% of the population with Gaelic skills.

23. 20% with Gaelic Skills in an Electoral Ward: A local authority could designate an electoral ward as an Area of Linguistic Significance if the area has at least 20% of the population with Gaelic skills. Comhairle nan Eilean Siar could designate its electoral wards separately or Highland Council could designate the Isle of Skye as more than 20% of its population has Gaelic skills.

24. Electoral Ward Options if Less than 20% with Gaelic Skills: A local authority could designate an electoral ward as an Area of Linguistic Significance if there are some census output areas where at least 20% of the population have Gaelic skills and evidence of the other characteristics in other areas of the electoral ward. Examples of these would be Fort William and Ardnamurchan and Oban South and the Isles.

25. Designation on the basis of other characteristics: A local authority could designate an electoral ward or other area as an Area of Linguistic Significance if there is evidence of the characteristics of historical connections, the teaching and learning of Gaelic and significant Gaelic cultural activity.

26. Options for Island Areas: A local authority could designate an island area as an Area of Linguistic Significance. This could be based on the combination of some output areas with at least 20% of the population with Gaelic skills and other areas with evidence of the other characteristics. Examples of these would be Tiree and Islay.

27. Urban Options for Designation: A local authority could designate an urban area as an Area of Linguistic Significance. This could be based on the evidence of the characteristics of historical connections, the teaching and learning of Gaelic and significant Gaelic activity in an urban area. Local authorities may also consider the reach and spread of such activities, and concentrations of communities with Gaelic skills around these activities. Local authorities can consider these characteristics and the extent to which they apply to urban areas.

28. Other Considerations for Designation: For some communities, neither local authorities, electoral wards, nor output areas will be appropriate as areas for designation. This may be because local communities with Gaelic skills are spread beyond administrative boundary lines. In such cases, other types of areas, such as catchment areas of Gaelic-medium education schools, local parish areas, or joint consideration of neighbouring areas and discussion with neighbouring local authorities who could take forward their own designations, may be considered more appropriate.

Consideration of proposal for designation

Box 4

Gaelic Language (Scotland) Act 2005

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

[...]

(4) If a local authority considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), the local authority must consider submitting a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area.

(5) If a local authority—

(a) considers that all or part of its area falls within the description of an area of linguistic significance set out in section 1A(1)(a), and

(b) decides not to submit a proposed designation to the Scottish Ministers under subsection (6)(c) in respect of that area,

the local authority must publicise the decision and its reasons for making it.

Source: The legislation.gov.uk website

29. If local authorities conclude that either the local authority area as a whole, or a constituent part thereof, contains a population of which 20% or more have Gaelic skills, they must formally consider whether they will propose designation of the area(s) in question as Areas of Linguistic Significance to the Scottish Ministers. This decision must be made within 1 year of the date on which Section 4(1) of the Scottish Languages Act 2025 comes into force.

30. As part of its consideration, the local authority must engage in a process of formal stakeholder consultation. Details of this process can be found in the section titled “Consultation with relevant stakeholders and publicising proposal”.

31. After consideration and consultation, if the local authority decides that it wishes to make a proposal for designation, it must follow the steps listed in the section titled “Submission of proposal for designation to Scottish Ministers”.

32. After consideration and consultation, if the local authority decides that it does not wish to make a proposal for designation, despite meeting the criterion of at least 20% of people in the area in question having Gaelic language skills, then it must take steps to publicise their decision, and the reasons supporting it, to the public. For example, a local authority may publish its decision on its website, or through its social media channels.

33. If a local authority does not meet the criteria of at least 20% of people in the area in question having Gaelic language skills but still wishes to propose a designation as an Area of Linguistic Significance under other criteria, it may do so at any time, following the guidance in this section.

Consultation with relevant stakeholders and publicising proposal

Box 5

Gaelic Language (Scotland) Act 2005

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

[...]

(6) Before making a designation, the local authority must—

(a) consult the Bòrd, such persons as the local authority considers to be representative of communities in the area to which the proposed designation relates and such other persons as the local authority considers appropriate about the proposed designation,

(b) take reasonable steps to publicise the proposed designation and its reasons for making it, and

(c) submit the proposed designation to the Scottish Ministers.

Source: The legislation.gov.uk website

34. Before a local authority is permitted to proceed to proposing an area within its territory for designation, it is required to engage in consultation with Bòrd na Gàidhlig, as well as any other relevant stakeholders it identifies.

35. Other than Bòrd na Gàidhlig, the exact stakeholders with whom local authorities should consult is not specified in law and is left at the discretion of local authorities. An indicative list of relevant stakeholders might include (but is not limited to):

a. National organisations with a local presence in the area in question, such as:

i. Creative Scotland

ii. Education Scotland

iii. Qualifications Scotland

iv. Scottish Funding Council

v. Comann nam Pàrant

b. Regional or local Gaelic-language or cultural organisations. These include, such as:

i. Fèisean nan Gàidheal

ii. An Comunn Gàidhealach

iii. Comunn na Gàidhlig

iv. Local museums, libraries, community centres with an interest in Gaelic

c. Schools and educational institutions offering Gaelic-medium or Gaelic-language education

d. Gaelic-language advocacy groups

e. Arts Creative and cultural groups

f. Higher and Further Education Institutions which offer Gaelic in the area

g. Schools (Gaelic-medium, and offering Gaelic as a subject) within the area

h. Other (neighbouring) local authorities

i. Charities or other third-sector organisations

j. Local businesses with an interest in Gaelic

k. Regional transport partnerships

l. Local NHS health boards

36. During or following this consultation, the local authority must take steps to publicise their decision to propose the area in question for designation, and the reasons supporting it, widely to the public through:

a. Direct communication with consultees who have asked to be kept informed

b. Posts on social media accounts used by the local authority

c. Information made available on the local authority’s website

d. Local news media channels (press or broadcast as appropriate)

Submission of proposal for designation to Scottish Ministers

Box 6

Gaelic Language (Scotland) Act 2005

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

[…]

(7) The Scottish Ministers may—

(a) approve the proposed designation,

(b) approve the proposed designation with any modifications they consider appropriate, or

(c) reject the proposed designation.

(8) Where the Scottish Ministers intend to approve the proposed designation with modifications, they must consult the local authority before doing so.

(9) A designation must—

(a) identify the area to be designated as an area of linguistic significance, and

(b) specify the date on which the designation takes effect.

[…]

(14) A local authority must take reasonable steps to publicise—

(a) the making of a designation and its effect,

Source: The legislation.gov.uk website

37. If, following the above steps, the local authority wishes to proceed to designation, it must then submit a formal proposal to the Scottish Government for approval.

38. While the format that this proposal should adopt is not specified, proposals for designation should:

a. Be in written form

b. Indicate the exact area which is to be designated as an area of linguistic significance

c. Specify the date on which the designation as Area of Linguistic Significance will begin

39. On receipt of the proposal for designation, Scottish Ministers may make the following decisions:

a. They may approve the designation proposed by the local authority, without any additional modifications

b. They may reject the designation proposed by the local authority completely

c. They may indicate their willingness to approve the proposed designation subject to certain modifications being made. In this case, the Scottish Government is obligated to discuss these modifications with the local authority.

40. If a designation is approved by the Scottish Ministers, the local authority must make this designation, as well as its effects, known to the public through:

a. Direct communication with consultees who have asked to be kept informed

b. Posts on social media accounts used by the local authority

c. Information made available on the local authority’s website

d. Local news media channels (press or broadcast as appropriate)

41. As stated in Box 1, the Scottish Ministers may, in addition to the current document, publish additional guidance related to Areas of Linguistic Significance. This guidance must be considered by local authorities in the exercise of their functions.

Proposal following recommendation by Bòrd na Gàidhlig

Box 7

Gaelic Language (Scotland) Act 2005

1C Request by Bòrd for local authority to consider designation

(1) The Bòrd may request a local authority to consider making a designation under section 1B.

(2) The Bòrd must request a local authority to consider making a designation under section 1B if the Bòrd considers that there is evidence of demand for a designation under section 1B by persons residing in the local authority’s area.

(3)If—

(a) the Bòrd makes a request under this section, and

(b) the local authority to which the request is made decides not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c),

the local authority must publicise the decision and its reasons for making it.

(4) The Scottish Ministers may give guidance to the Bòrd and local authorities relating to their functions under this section.

(5) The Bòrd and local authorities must have regard to any guidance given by the Scottish Ministers under subsection (4).

Source: The legislation.gov.uk website

42. As an alternative to a local authority initiating the process of considering a proposal to designate a given area as an Area of Linguistic Significance, Bòrd na Gàidhlig may also make a formal request to a local authority to do so.

43. Bòrd na Gàidhlig must make such a request to a local authority if it considers that there is evidence of a demand for designation of a given area by people residing within that area.

44. Neither the nature or scale of this “evidence of demand” is explicitly stated in legislation, and Bòrd na Gàidhlig possesses a degree of flexibility and discretion in its interpretation of this stipulation. As a guide, evidence of demand may refer to (but is not limited to):

a. Explicit, written requests made by organisations which represent a critical mass of those having Gaelic language skills in an area to be proposed for designation. Bòrd na Gàidhlig should use their discretion to decide what constitutes an appropriate proportion on a case-by-case basis. In cases of doubt, Bòrd na Gàidhlig should err on the side of making a request to local authorities, and in any case should be informed by any guidance issued by Scottish Ministers.

b. A petition or other consultative document which indicates the desire for Areas of Linguistic Significance designation on the part of a given proportion of the Gaelic-speaking population of a given area, to be assessed by Bòrd na Gàidhlig

c. A report, or quantitative/qualitative study, led by members of the local population, which demonstrates that 1) a given percentage (the appropriacy of which should be assessed by Bòrd na Gàidhlig) of the area proposed for designation agree with the need for designation, and 2) the designation would be of benefit to the area in question

d. Verified official minutes from a meeting of residents of an area to be proposed for designation, indicating a desire of residents for such a designation to be made

45. In any case, the demand for designation must be based on, and its validity assessed against, one or more of the criteria for designation defined in the Gaelic Language (Scotland) Act 2005 (as amended by the Scottish Languages Act 2025) and specified above.

46. While not obligated to do so, if Bòrd na Gàidhlig does not believe that there is sufficient evidence for a request to a local authority to be made, it may wish to make this judgement known to the public through its website or social media channels.

47. If Bòrd na Gàidhlig decides that there is sufficient evidence of demand from residents of the area in question it should then decide on the appropriate process to make a request to the local authority in question to consider making a formal proposal for the area to be designated as an Area of Linguistic Significance. Its recommendation should also be communicated to the public (e.g. through its website or social media channels).

48. Local authorities must then follow the steps above in relation to considering making a proposal for the area in question to be designated as an Area of Linguistic Significance.

49. The Scottish Ministers reserve the right to provide further guidance to Bòrd na Gàidhlig and local authorities on this process, to which both must have regard.

Powers of the Scottish Ministers to Require Reconsideration

Box 8

Gaelic Language (Scotland) Act 2005

1D Ministerial power to require reconsideration

(1) Subsections (2) to (4) apply where, under section 1B(5) or section 1C(3), a local authority publicises a decision not to submit a proposed designation to the Scottish Ministers under section 1B(6)(c) (“the decision”).

(2) The Scottish Ministers may require the local authority to reconsider the decision.

(3) If the Scottish Ministers make a requirement under subsection (2), the local authority must, within the period of 3 months beginning with the day on which the requirement is made—

(a)reconsider the decision, and

(b)after reconsidering the decision—

(i)submit a proposed designation to the Scottish Ministers, or

(ii)confirm the decision.

(4) If the local authority confirms the decision, it must notify the Scottish Ministers of its reasons for confirming the decision.

Source: The legislation.gov.uk website

50. If a local authority refuses, in either of the above cases, to submit a proposal to designate a given area as an Area of Linguistic Significance, the Scottish Ministers have the legal right to require the local authority to reconsider its refusal.

51. If the Scottish Ministers exercise this right, local authorities then have a period of three months from the date at which they are made aware of the requirement to reconsider proposing a given area for designation.

52. Local authorities may then:

a. Submit a proposed designation to the Scottish Ministers, or

b. Confirm their initial decision

53. If the local authority chooses to confirm its initial decision, it must publicise the decision, along with the reasons for it, and should also communicate it to the Scottish Ministers.