Scottish Languages Act 2025 - Update
Argyll and Bute Council · 28 August 2025
Back to Community Services Committee — 28 August 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION & CUSTOMER SUPPORT SERVICES 28 AUGUST 2025 SCOTTISH LANGUAGES ACT 2025 - UPDATE 1.0 EXECUTIVE SUMMARY 1.1 The main purpose of this paper is to advise elected members of the Scottish Languages Act 2025 and report on the themes included in this piece of legislation. The Act gives the Gaelic and Scots languages official status in Scotland and makes changes to the support for the Gaelic and Scots languages in Scotland. This includes changes in relation to Gaelic and Scots education. 1.2 The Scottish Languages Bill passed Stage 3 on the 17th of June 2025, and received royal assent on 31st July 2025, officially creating the Scottish Languages Act 2025. 1.3 This report includes the key messages contained within the Act that will lead to changes or amendments to Local Authority duties in relation to Gaelic and Scots. 1.4 It is recommended that the Community Services Committee: a) Note the key points contained within the report regarding the Act. b) Recognise the obligations which will be incumbent on the Council in areas of linguistic significance. c) Agree that further reports are presented to members in relation to both the general impact on the Council and specifically to the Education Service, following statutory guidance and explanatory notes being published by the Scottish Government.
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ARGYLL AND BUTE COUNCIL COMMUNITY SERVICES COMMITTEE EDUCATION & CUSTOMER SUPPORT SERVICES 28 AUGUST 2025 SCOTTISH LANGUAGES ACT 2025 - UPDATE 2.0 INTRODUCTION 2.1 The Scottish Languages Act 2025 has agreed modifications to the following Acts: ● Gaelic Language (Scotland) Act 2005 ● Education (Scotland) Act 2016 ● Education (Scotland) Act 1980 ● Schools (Consultation) (Scotland) Act 2010 ● Children and Young People (Scotland) Act 2014 ● Further and Higher Education (Scotland) Act 2005 2.2 The main purpose of this paper is to advise elected members of the Scottish Languages Act 2025 and report on the themes included in the Act. The Act gives the Gaelic and Scots languages official status in Scotland and makes changes to the support for the Gaelic and Scots languages in Scotland. This includes changes in relation to Gaelic and Scots education. 2.3 Stage 3 ended on the 17th June 2025 where the Scottish Parliament agreed that the Scottish Languages Bill be passed. The final stage of the Bill is Royal Assent, which was granted on 31st July 2025. At that point the Bill became the Scottish Languages Act 2025. 2.4 The Act will then move to a period of implementation, where parts of the legislation will be brought into force in a staged manner. 2.5 This report includes the high-level messages contained within the provisions of the Act. This will lead to changes, amendments and further considerations to Local Authority duties in relation to Gaelic and Scots.
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3.0 RECOMMENDATIONS 3.1 It is recommended that the Community Services Committee: a) Note the key points contained within the report regarding the Act. b) Recognise the obligations which will be incumbent on the Council in areas of linguistic significance. c) Agree that further reports are presented to members in relation to both the general impact on the Council and specifically to the Education Service, following statutory guidance and explanatory notes being published by the Scottish Government. 4.0 Further Information 4.1 Abbreviations: Bord na Gaidhlig - BnG Gaelic Medium Education - GME Gaelic Medium Primary Education - GMPE Gaelic Learner Education - GLE Gaelic Medium Early learning and Childcare - GMELC 5.0 Support for the Gaelic Language 5.1 Status of the Gaelic language: The Gaelic language has official status within Scotland. BnG, Scottish Ministers and other persons, including public authorities, must promote, facilitate and support the use of the Gaelic language. 5.2 BnG has powers to monitor and report on each public authority’s compliance with regard to duties and targets. BnG will report directly to Scottish Ministers on compliance regarding standards and requirements. BnG will advise and assist, free to local authorities, on matters relating to the development of Gaelic and duties as outlined in the Act. 5.3 Areas of Linguistic Significance. An area may be designated as an area of linguistic significance if: • at least 20% of the area’s population has Gaelic language skills, • if the area does not contain a significant number of people with Gaelic language skills but the area is historically connected with the use of Gaelic,
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• if the area is one in which teaching and learning by means of the Gaelic language is provided, • the area is one in which significant activity relating to the Gaelic language or Gaelic culture takes place. As a local authority we may designate all or part of Argyll and Bute as an area of linguistic significance if we consider that the area falls within the description of an area of linguistic significance set out above. As a local authority we must, within 1 year of when this section comes into force, and each subsequent 5 year period thereafter, consider whether all or part of Argyll and Bute falls within the description of an area of linguistic significance as set out in the Act. If we consider that all or part of Argyll and Bute falls within the description of an area of linguistic significance, as a local authority we must consider submitting a proposed designation to the Scottish Ministers. As a local authority we must publish our decision and reasons. If we do not submit a proposed designation we must also publish our decision and reasons. Before making a designation, as a local authority we must consult BnG and representatives of communities in the proposed areas and other relevant persons. BnG may request a local authority to consider making a designation if they consider that there is evidence of demand by persons residing in the local authority’s area. The Scottish Ministers have the power to require the local authority to reconsider their decision. We are waiting for further clarification from the Scottish Government through statutory guidance which will give details of the implications for local authorities. 5.4 Gaelic Language Strategy and Standards: The current National Gaelic Language Plan, produced by BnG, comes to an end in 2028. Scottish Ministers will be responsible for the creation of a new National Gaelic Language Strategy and Standards Plan that will inform local authorities’ Gaelic Language Plans. The Scottish Ministers may specify standards and requirements relating to promoting, facilitating and supporting the use of Gaelic language. The first iteration of Gaelic standards is likely to be in session 25/26. 5.5 Functions of Relevant Public Authorities: Public authorities must have regard to promoting, facilitating and supporting the use of the Gaelic language and developing and encouraging Gaelic culture.
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The Scottish Ministers may give guidance and / or direction to public authorities relating to its duties outlined above. 5.6 Reporting: BnG will prepare and publish reports regarding each public authority’s compliance with the Act. 5.7 Gaelic Language Plans: As a local authority we will continue to submit and report on our Gaelic Language Plan. Local authorities must provide BnG with additional information regarding their Gaelic language plan, if requested. Scottish ministers may give guidance to local authorities relating to Gaelic Language Plans. The Council’s Gaelic Language Plan is due for review in 2026 and will take into account the Act, the specified duties on the Council as they apply to the Plan and its preparation and any subsequent guidance issued by Scottish Ministers and available at the time of preparation. 5.8 The Scottish Ministers may give financial assistance for the purposes of promoting, facilitating and supporting the use of Gaelic language. 5.9 The Scottish Ministers have powers under the Act to conduct research, inquiries, collect data, provide training or encourage and assist other persons to do this. If an authority has failed to discharge its duty in any area of the Act, the Scottish Ministers can declare the authority in default and require an authority to discharge that duty. 6.0 EDUCATION 6.1 Functions of Scottish Ministers: Scottish Ministers must promote, facilitate and support provision of Gaelic Learner Education, Gaelic Medium Education and the teaching of Gaelic language in the provision of further education (by education authorities) and ensure adequate resources in the Gaelic language for use in school education by teachers and pupils. The Scottish Ministers may specify standards and requirements relating to Gaelic Learner, Gaelic Medium and the teaching of the Gaelic language in its provision of further education. In preparation of formulating regulations, the Scottish Ministers must consult with relevant parties. The Scottish Ministers may give direction to an education authority in preparation of their Gaelic Language Plan in the application of standards and requirements.
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6.2 General Duties of Education Authorities relating to Gaelic Education: As an education authority we have a duty to promote, facilitate and support Gaelic Learner, Gaelic Medium and the teaching of Gaelic language in our provision of further education. BnG may require an education authority to provide information on Gaelic Learner, Gaelic Medium and Gaelic language in further education. 6.3 Gaelic Education delivery planning: The Gaelic Language Plan must set out: • The authority’s plan for Gaelic Learner and Gaelic Medium Education in the provision of school education. • Opportunities for Gaelic language in further education. • Opportunities for GME pupils to use the Gaelic language in social, cultural and recreational activities. As an education authority we must consult with HMIe, Comann nam Parant and other education authorities to collaborate on matters to be included in the Gaelic Language Plan. 6.4 Gaelic Education Qualifications: SQA must ensure an appropriate number and range of qualifications available through the medium of Gaelic and that information and guidance must be produced in the Gaelic language. 6.5 Access to Gaelic Education: As an education authority we must reasonably support a child resident in its area to access Gaelic Medium Education provided in the area of another authority where there is no provision of GME in its area that is reasonably practicable for the child to access. 6.6 As an education authority we will have a duty to establish a catchment area for schools providing Gaelic Medium Education within 2 years of the duty coming into force. The catchment area can be the same as the English medium catchment area or different. 6.7 As an education authority we must take reasonable account of travel arrangements for pupils attending or who wish to attend. If there is a proposal to discontinue school transport for pupils in Gaelic Medium Education a consultation must be held. 6.6 Assessment: Gaelic Medium Primary Education. All assessments for requests to access GMPE also include GMELC. Within 6 months of a request from a relevant person regarding provision of GMPE / GMELC an assessment of the need for provision in the relevant assessment area must be completed. This must include publicising to receive representations from: parents of children resident or attending schools in the education authority’s area, children resident or attending school in the
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education authority’s area, and other persons with expertise or an interest in the Gaelic language as the education authority considers appropriate. There is no detail regarding whether consideration requires to be given by a single request or if this needs to be from multiple persons. Relevant persons: a parent of a child who is under school age, has not commenced attendance at a primary school and is resident in the area of the education authority to whom the request is made. Relevant persons also include Comann nam Parant and BnG. 6.7 All-Gaelic Schools (viability of establishment): On request from a relevant person, an education authority must, within 9 months, assess the viability of establishing an all-Gaelic school in the area specified in the request. There is no detail regarding whether consideration requires to be given by a single request or if this needs to be from multiple persons. Relevant persons: a parent of a child who is resident in the area of the education authority to whom the request is made. Relevant persons also include Comann nam Parant and BnG. Advice must be sought from BnG, HMIe, Comann nam Parant and other relevant education authorities and arrangements publicised to receive representation from relevant parties. Representation from relevant parties includes; parents of children resident or attending school in the education authority’s area, children resident or attending school in the education authority’s area, and other persons with expertise or an interest in the Gaelic language as the education authority considers appropriate. The assessment must be published including evidence, result and reasons. 6.8 Early Learning and Childcare: There is currently a duty to consult and plan on delivery of Early Learning and Child Care; this must now include whether and how Gaelic Medium Early Learning and Child Care can be made available. The provision for an assessment following a parental request for their child to have access to Gaelic Medium in early years, makes no change to the frequency of the requirement. The new provision, to request an assessment, merely adds a prompt to ask about Gaelic when this activity is being carried out.
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When this activity is periodically carried out it should now actively consider the provision of GMELC. 7.0 Support for Scots Language 7.1 Scots language has official status in Scotland. 7.2 The Scottish Ministers must prepare a Scots Language Strategy; this will involve publishing a draft strategy in consultation with relevant persons. 7.3 Public authorities must have regard to the Scots language strategy in exercising its functions. 7.4 The Scottish Ministers may give guidance to public authorities in promoting, facilitating and supporting the use of Scots language and developing and encouraging Scots culture. 7.5 The Scottish Ministers may give financial assistance for the purpose of 7.4. 7.6 The Scottish Ministers may conduct research, inquiries, collect data, provide training or encourage and assist other persons to do this. 8.0 School Education, Scots Language 8.1 The Scottish Ministers must promote, facilitate and support Scots Language Education in schools including the provision of adequate resources in the Scots language for use in school education by teachers and pupils. 8.2 As an education authority we must promote, facilitate and support Scots language education in schools and may deliver teaching and learning in the use and understanding of the Scots language and the dialect of the Scots language if this is relevant to an area. 8.3 The Scottish Ministers may give guidance to education authorities and may specify standards and requirements relating to Scots language education in schools. 8.4 The Scottish Ministers must give consideration to producing materials currently available in the English language for use in schools into the Scots language. 8.5 The Scottish Ministers must secure reports on the progress of the delivery of Scots Language Education in schools. 9.0 CONCLUSION 9.1 The above information gives a summary of key information and responsibilities relating to the Scottish Languages Act 2025.
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9.2 Further development of the Act, as its provisions come into force, will involve statutory guidance and explanatory notes which will give clarity around expectations of local authorities to carry out their duties in relation to this legislation. 9.3 As yet there is no detail around the standards and requirements that Scottish Ministers may put in place both for public authorities generally and education authorities, or whether there will be changes to plans and reports following the introduction of the Gaelic Language Strategy. As provisions of the Act come into force, statutory guidance and explanatory notes will be published which will clarify the duties placed on the local authority. 9.4 There is, as yet, no guidance on what the requirements regarding identified areas of linguistic significance will be. Further clarification will be given by the Scottish Government when this part of the Act comes into force. Areas of linguistic significance will then be included in our local authority Gaelic Language Plan. 9.5 As further guidance and information becomes available and sections of the Act come into force it will be necessary, as required, to bring this updated information to further committee meetings. 10.0 IMPLICATIONS 10.1 Policy 10.2 Financial 10.3 Legal - changes to duties of LA, do not have detail without the published guidance on statutory duties 10.4 HR - increase in work associated with aspects of the Act; relating to staffing, should requirement for increase to GME staffing be required. It may include input from administrative, policy, operational and legal staff. 10.5 Customer Service - increase in work associated with enquiries and requests relating to GME. It is anticipated that there will be a requirement for an increased number of consultations. 10.6 Risk - it may be that the Scottish Government’s prediction of the additional financial requirements required to realise elements of this Act are not sufficient. 10.7 Climate Change 10.8 Fairer Scotland Duty 10.9 Equalities - protected characteristics 10.10 Consumer Duty
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10.11 Island Communities - it is likely that Argyll and Bute island communities are considered as Areas of Linguistic Significance. 10.12 Children’s Rights and Wellbeing - Article 28; Equal Opportunity to Education. Douglas Hendry Executive Director with responsibility for Education Kirsty Flanagan Executive Director with responsibility for Customer Support Services Councillor Audrey Forrest - Policy Lead 1st August 2025 For further information contact: Jane Fowler – Head of Customer Support Services Catriona Garvin – Education Officer APPENDICES Appendix 1 - Scottish Languages Act 2025