Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill [AS INTRODUCED] P ART 2 GAELIC MEDIUM EDUCATION Functions of Scottish Ministers 6A Duty of Scottish Ministers to promote Gaelic education The Scottish Ministers must promote, facilitate and support— (a) the provision in schools of— (i) Gaelic learner education, (ii) Gaelic medium education, and (b) the teaching of the Gaelic language in the provision of further education by education authorities. 6B Standards relating to Gaelic education (1) The Scottish Ministers may by regulations specify the standards and requirements to which an education authority must conform in discharging its functions— (a) relating to Gaelic learner education and Gaelic medium education in its provision of school education, and (b) relating to the teaching of the Gaelic language in its provision of further education. (2) Regulations under subsection (1) may make different provision for different purposes and different areas (including different parts of the area of an education authority). (3) In preparing regulations under subsection (1), the Scottish Ministers must consult— (a) Bòrd na Gàidhlig, (b) education authorities, (c) the body known as Comann nam Pàrant (Nàiseanta), 2 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (d) His Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by His Majesty under the 1980 Act), (e) persons with an interest in the promotion of the Gaelic language and Gaelic culture, (f) persons with an interest in the publication of books and other resources in the Gaelic language, and (g) such other persons as they consider appropriate. 6C Guidance to public authorities relating to Gaelic education (1) The Scottish Ministers may give guidance to Scottish public authorities relating to— (a) Gaelic learner education and Gaelic medium education, (b) the teaching of the Gaelic language in the provision of further education by education authorities, (c) the development of the education mentioned in paragraphs (a) and (b). (2) A Scottish public authority having functions relating to education must, to the extent that guidance under subsection (1) relates to those functions, have regard to any guidance given by the Scottish Ministers under subsection (1). (3) In preparing guidance under subsection (1), the Scottish Ministers must consult— (a) Bòrd na Gàidhlig, (b) education authorities, (c) the body known as Comann nam Pàrant (Nàiseanta), and (d) such other persons as the Scottish Ministers consider appropriate. (4) The Scottish Ministers must publish any guidance given under subsection (1). 6D Directions to education authorities relating to Gaelic education (1) The Scottish Ministers may, after consulting with an education authority, give a direction to that authority relating to the exercise of— (a) its functions under this Part relating to Gaelic learner education and Gaelic medium education, (b) its functions relating to the teaching of the Gaelic language in its provision of further education. (2) The Scottish Ministers— (a) may vary or revoke, and (b) must publish, a direction given under subsection (1). (3) An education authority must comply with a direction given to it under subsection (1). 3 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION Assessments: primary education and early learning and childcare 7 Assessment requests (1) A person who is the parent of a child who is under school age and has not commenced attendance at a primary school may request the education authority in whose area the child is resident to assess the need for Gaelic medium primary education (in this Part, “GMPE”) or Gaelic medium early learning and childcare (in this Part, “GMELC”). (2) A request under subsection (1) must— (a) relate to only one child (in this Part, the “specified child”), and (b) set out, or be accompanied by, evidence that there is a demand for GMPE or GMELC, as the case may be, from parents of other children who are— (i) are resident in the area of the authority to which the request is made, and (ii) are, or are likely to be, in the same year group as the specified child. (3) A request under subsection (1) may set out, or be accompanied by, evidence that there is a demand for GMPE or GMELC, as the case may be, from parents of other children who are— (a) are resident in the area of the authority to which the request is made, and (b) are, or are likely to be, in a different year group in relation to the specified child. (4) In this Part, “year group”, in relation to an education authority, means the group of children under school age all of whom, on commencing primary education at a primary school in the area of the authority, will be in the same yearly stage of primary education; and references in this Part to a child being in the same or a different year group as or in relation to other children are to be construed accordingly. (5) The Scottish Ministers may by regulations make further provision about requests under subsection (1). (6) Regulations under subsection (5) may in particular include provision for or in connection with— (a) the form of the request and the manner in which it is to be made, (b) information (including evidence in addition to that mentioned in subsection (2)) that is to be set out in, or accompany, the request, (c) evidence as mentioned in subsections (2) and (3). 8 GMPE or GMELC assessment areas (1) This section applies where an education authority receives a request under section 7(1). (2) The authority must designate an area within the area of the authority in respect of which the need for GMPE or GMELC, as the case may be, is to be assessed. (3) An area designated under subsection (2) is referred to in this Part as a “GMPErelevant assessment area”. 4 Part 2 of the Education (Scotland) Act 2016 as prospectively amended by the Bill Part 2—GAELIC MEDIUM EDUCATION (4) In considering what area to designate as a GMPErelevant assessment area, an authority must— (a) so far as reasonable, seek to accommodate— (i) demand for GMPE or GMELC, as the case may be, evidenced in the request or contained in evidence accompanying the request, or (ii) any other demand for GMPE or GMELC, as the case may be, of which the authority is aware in respect of children resident in the area of the authority who are under school age and have not commenced attendance at a primary school, and (b) take into account...