Designating areas of linguistic significance: Statutory guidance

4. Varying or Revoking Designations of Areas of Linguistic Significance

Box 9

Gaelic Language (Scotland) Act 2005

1C Request by Bòrd for local authority to consider designation

[…]

(10) A designation may be varied or revoked by the local authority at any time.

(11) Before varying or revoking a designation in relation to any part of its area, the local authority must—

(a) consult the Bòrd, such persons as the local authority considers to be representative of communities in the area affected by the proposed variation or revocation and such other persons as the local authority considers appropriate about the proposed variation or revocation,

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

(c) submit the proposed variation or revocation to the Scottish Ministers.

(12) The Scottish Ministers may—

(a) approve the proposed variation or revocation,

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

(c) reject the proposed variation or revocation.

(13) Where the Scottish Ministers intend to approve the proposed variation or revocation with modifications, they must consult the local authority before doing so.

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

[…]

(b) any variation or revocation of a designation and its effect.

Source: The legislation.gov.uk website

1. Once a given area has been designated as an Area of Linguistic Significance, a local authority may propose to alter (“vary”) or remove (“revoke”) this designation at any time.

2. The process for making proposals for variations or revocations to an existing designation is similar to that for proposing the initial designation described above, involving the following steps:

a. The local authority must first consult with Bòrd na Gàidhlig, and any other stakeholders it deems relevant or affected, on its intention to propose variation or revocation of the Area of Linguistic status designation

b. The local authority must then make its intention to propose variation or revocation of the Area of Linguistic status designation known to the public through reasonable means (such as through its website or social media channels)

c. The local authority must then formally propose variation or revocation of the Area of Linguistic Significance status designation of the given area to the Scottish Ministers

3. On receipt of such a proposal, the Scottish Ministers may:

a. Accept the proposal to vary or revoke Area of Linguistic Significance status

b. Reject the proposal to vary or revoke Area of Linguistic Significance status

c. Accept the proposal to vary or revoke Area of Linguistic Significance status on the condition that further modifications are made. In this case, the Scottish Ministers must consult with the local authority about the modifications they intend to suggest.

4. If a variation to, or a revocation of, a designation is approved by the Scottish Ministers, the local authority must make this variation or revocation, as well as its effects, known to the public through appropriate means (e.g. through its website or social media channels).