Education (Scotland) Act 2016 Explanatory Notes

Education (Scotland) Act 2016

2016 asp 8

Commentary on Sections

Part 2: Gaelic Medium Education

Assessments: primary education

Section 13: Procedure following full assessment

51. This section explains the duties that apply to an education authority following completion of a full assessment of the need for GMPE in a GMPE assessment area under section 12.

52. Subsections (2), (4) and (5) provide that an education authority must publish on its website, no later than 10 weeks after deciding to carry out a full assessment, a report that sets out its decision on whether or not to secure the provision of GMPE in that GMPE assessment area. The report must also set out the reasons for the authority’s decision with reference to its duty under section 12(7) and each of the factors listed in section 12(6). Finally, the report must set out the period within which the authority thinks it would be reasonable for GMPE to be provided where it has taken the decision to secure GMPE provision. Therefore, an education authority must complete a full assessment no later than 10 weeks after deciding to carry out a full assessment.

53. Subsection (3) requires the authority to send a copy of the report to the parent who made the request and to other parents who were considered in the authority’s assessment of the level of demand for GMPE at the initial assessment stage.

54. Subsections (6) and (7) state that, where a full assessment leads to the authority deciding to secure the provision of GMPE in the GMPE assessment area, it must take the necessary steps to secure the provision of such GMPE as it considers appropriate. The authority must do this within such a period as is reasonable in all the circumstances.