Designating areas of linguistic significance: Statutory guidance

5. Effects of Designation

Box 10

Gaelic Language (Scotland) Act 2005

2D Duties of relevant public authorities relating to Gaelic language and culture

In exercising its functions, a relevant public authority must have regard to—

(a) promoting, facilitating and supporting the use of the Gaelic language,

(b) developing and encouraging Gaelic culture.

3 Gaelic Language Plans

[…]

(4) A Gaelic language plan must—

(a) set out the measures to be taken by the relevant public authority in relation to the use of the Gaelic language in connection with the exercise of the authority's functions,

(aa) where the relevant public authority exercises functions in an area that has been designated under section 1B as an area of linguistic significance, set out the measures in relation to the use of the Gaelic language to be taken by the authority in connection with the exercise of its functions in that area,

(b) specify the date by which the measures are to be taken, and

(c) contain such other information as may be prescribed in regulations made under subsection (7).

[…]

(7) The Scottish Ministers may, after consulting the Bòrd, by regulations make further provision in relation to the content of Gaelic language plans.

(8) Those regulations may make further provision about the required content of Gaelic language plans in respect of areas that have been designated under section 1B as areas of linguistic significance.

Source: The legislation.gov.uk website

1. Section 2D (a) and (b) of the Gaelic Language (Scotland) Act 2005, as amended by the Scottish Languages Act 2025, places a general obligation on all relevant public authorities to have regard to the development and support of the Gaelic language and culture in the course of their functions.

2. In addition to this, where an area has been designated as an Area of Linguistic Significance, relevant public authorities operating within that area must include within their Gaelic language plans details about the specific measures that they plan to take in relation to the use of Gaelic in their operations and functions. Plans must specify how the use of the language will be supported within the work of a public authority: for example, its visibility in signage, usage by staff and customers, training to staff in the language, delivery of services through Gaelic, incorporation of Gaelic into their internal and external-facing operations, etc.

3. These details can be specified in the Gaelic Language Plans of public authorities following the existing renewal schedule for that public authority.

4. The Scottish Ministers have the right to make further requirements on the contents of the Gaelic Language Plans of public authorities, following consultation with Bòrd na Gàidhlig. They may also make different provisions for public authorities operating within areas designated as Areas of Linguistic Significance.

Box 11

Gaelic Language (Scotland) Act 2005

2C Power for Scottish Ministers to set standards

(1) The Scottish Ministers may by regulations specify standards and requirements relating to promoting, facilitating and supporting the use of the Gaelic language which are to apply to relevant public authorities in exercising their functions.

(2) Regulations under subsection (1) may in particular—

(a) include provision about the following aspects of exercising functions—

(i) the preparation of publications,

(ii) the provision of information,

(b) include provision about how the functions of relevant public authorities are to be exercised in areas designated under section 1B as areas of linguistic significance,

(c) otherwise make different provision for different areas (including different parts of the area in which a relevant public authority exercises its functions),

(d) make different provision for different purposes.

(3) Provision made by virtue of subsection (2)(b) may in particular include provision about the exercise of functions relating to—

(a) the development of the Gaelic language,

(b) the provision of education,

(c) community planning,

(d) community development,

(e) economic development.

Source: The legislation.gov.uk website

5. Section 2C of the Gaelic Language Act (Scotland) 2005 (as amended by the Scottish Languages Act 2025) gives Scottish Ministers the power to set standards and requirements related to promoting, facilitating and supporting the use of Gaelic by public authorities in the exercise of their functions.

6. These standards and requirements set a legal requirement for compliance on public authorities by a specified date and may include provisions related to, among others, creating publications or publishing information, language development, education, community planning and development, and economic development.

7. These standards and requirements can be set differently for different areas (or different constituent areas within a given area) or for different purposes.

8. While these standards and requirements can apply to any area of the country, and any relevant public authority operating within it, it is expected that separate provisions will apply to Areas of Linguistic Significance, on which a particular obligation to promote, facilitate and support the use of Gaelic will be placed.

9. The Scottish Ministers will consult on, and publish, these standards and requirements (including those that are expected to apply to Areas of Linguistic Significance) separately and in due course

10. Partnership working between local authorities and other relevant public authorities will be expected in Areas of Linguistic Significance. This will include, as specified in section 3, paragraph 20, considering appropriate solutions for proposing designation of areas which cross administrative boundaries (e.g. areas split between two local authority areas).

11. Local authorities and other relevant public authorities should also work together to be comply with any standards and requirements set, as well as any mutual commitments made within Gaelic language plans.

12. As stated above, the Gaelic Language (Scotland) Act 2005 has also been amended to make clear that where a relevant public authority operates in an area designated as an Area of Linguistic Significance, the relevant public authority must also set out measures to be taken in relation to the use of Gaelic in that area. The implementation of this duty will be assisted by discussion and co-operation focused on the Area of Linguistic Significance. This guidance makes clear that process of designation should involve a range of partnership discussions with relevant public authorities.

13. The Gaelic Language (Scotland) Act 2005, Section 3 (7), also gives the power, after consulting Bòrd na Gàidhlig, by regulations, to make further provision in relation to the content of Gaelic language plans. This power could also be considered for use to provide more structure and specification around requirements to be included in Gaelic language plans.