British Sign Language (Scotland) Act 2015

2 Listed authorities’ British Sign Language plans

(1) Each listed authority (see section 6) is to prepare and publish plans in relation to British Sign Language in accordance with this section and section 3 (such a plan being in this Act referred to as an “Authority Plan”).

(2) An Authority Plan is—

(a) to set out measures to be taken by the listed authority in relation to the use of British Sign Language in connection with the exercise of the authority’s functions,

(b) to set out timescales by reference to which any such measures are to be taken,

(c) where the listed authority has previously published at least one Authority Plan, to state how, when and to what extent measures to be taken by the authority by virtue of the most recently published such plan were taken, and

(d) to contain such other information (if any) as the Scottish Ministers may by order require.

(3) A listed authority, in preparing an Authority Plan—

(a) is to try to achieve consistency between that plan and the most recently published National Plan, and

(b) is to have regard—

(i) to the extent to which the authority’s functions are exercisable using British Sign Language,

(ii) to the potential for developing the use of British Sign Language in connection with the exercise of those functions,

(iii) to any representations made to the authority in relation to using British Sign Language in that connection,

(iv) to the most recently published report under section 4, and

(v) to such guidance, relevant to the preparation (or revision) of Authority Plans, as may be issued by the Scottish Ministers.

(4) Subsection (3)(b)(iv) does not apply in relation to an Authority Plan prepared before the publication of the first report under section 4.

(5) In preparing an Authority Plan a listed authority is—

(a) to publish, and consult on, a draft of the plan, and

(b) to take into account any representations received by it by virtue of such consultation.

(6) The persons consulted under subsection (5)(a) are to be those who, the authority considers, are likely to be directly affected by the Authority Plan or otherwise to have an interest in that plan and in particular are to include—

(a) persons who use British Sign Language, and

(b) persons who represent users of British Sign Language.

(7) In determining the form and manner of consultation for the purpose of subsection (5)(a), a listed authority is to have regard to the need to make that consultation accessible to persons who use British Sign Language and who are deaf, or deafblind.

(8) A listed authority may revise its most recently published Authority Plan at any time.

(9) Subsection (3) applies in relation to the revision of an Authority Plan as that subsection applies in relation to the preparation of such a plan.

(10) An order under subsection (2)(d) is subject to the negative procedure.