104-535: The courts of Scotland ( Scottish Gaelic : Cùirtean na h-Alba ) are responsible for administration of justice in Scotland, under statutory , common law and equitable provisions within Scots law . The courts are presided over by the judiciary of Scotland , who are the various judicial office holders responsible for issuing judgments , ensuring fair trials , and deciding on sentencing . The Court of Session
208-554: A co-extensive jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the pursuer (the claimant ), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Appeal Court , and, with permission, to
312-612: A non-ministerial department of the Scottish Government . The Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers , and is governed by a corporate board chaired by the Lord President , and with a majority of judicial members. There are various specialist courts and tribunals with specialist jurisdictions , which are subject to the ultimate jurisdiction of either
416-464: A £ 10,000 fine , and in solemn cases 5 years imprisonment or an unlimited fine. A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary . Justice of the peace courts are criminal courts which sit locally under summary procedure, where the justice sits alone or in some areas as a bench of three. Justices are lay magistrates who as advised by
520-442: A 19% fall in bilingual speakers between the 1911 and 1921 Censuses. Michelle MacLeod of Aberdeen University has said that there was no other period with such a high fall in the number of monolingual Gaelic speakers: "Gaelic speakers became increasingly the exception from that point forward with bilingualism replacing monolingualism as the norm for Gaelic speakers." The Linguistic Survey of Scotland (1949–1997) surveyed both
624-590: A Court of Exchequer in Scotland after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same power and authority in such cases, as the Court of Exchequer has in England And that the said Court of Exchequer in Scotland have power of passing Signatures, Gifts Tutories, and in other things as the Court of Exchequer in Scotland hath; And that the Court of Exchequer that now
728-657: A Court separate from the Court of Session no longer exists" and it was thus abolished by the Administration of Justice (Scotland) Act 1933 . Some of its processes are now carried out by the Accountant in Bankruptcy . Until 1856, there was a Court of Exchequer in Scotland , which was established Exchequer Court (Scotland) Act 1707 , pursuant to a requirement of the Act of Union 1707 which stated: And that there be
832-508: A Pictish substrate. In 1018, after the conquest of Lothian (theretofore part of England and inhabited predominantly by speakers of Northumbrian Old English ) by the Kingdom of Scotland , Gaelic reached its social, cultural, political, and geographic zenith. Colloquial speech in Scotland had been developing independently of that in Ireland since the eighth century. For the first time,
936-524: A central feature of court life there. The semi-independent Lordship of the Isles in the Hebrides and western coastal mainland remained thoroughly Gaelic since the language's recovery there in the 12th century, providing a political foundation for cultural prestige down to the end of the 15th century. By the mid-14th century what eventually came to be called Scots (at that time termed Inglis ) emerged as
1040-823: A challenge to revitalization efforts which occur outside the home. Positive engagements between language learners and native speakers of Gaelic through mentorship has proven to be productive in socializing new learners into fluency. In the 2022 census, 3,551 people claimed Gaelic as their 'main language.' Of these, 1,761 (49.6%) were in Na h-Eileanan Siar, 682 (19.2%) were in Highland, 369 were in Glasgow City and 120 were in City of Edinburgh; no other council area had as many as 80 such respondents. Gaelic has long suffered from its lack of use in educational and administrative contexts and
1144-518: A court of appeal, it sits only in Edinburgh. Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. There
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#17327723709771248-489: A determination in Scotland it is subject to practice directions from the President of Employment Tribunals (Scotland), and operates under Scots law . These tribunals are administered by His Majesty's Courts and Tribunals Service . In many cases there is a statutory right of appeal from a tribunal either to an upper tribunal or senior tribunal, or to the Court of Session: for example Employment Tribunal cases are appealed to
1352-475: A final appeal or through judicial review . There are several tribunals that have jurisdiction either over the whole United Kingdom , or over Great Britain . Where these tribunals make an adjudication in Scotland they are subject to the oversight and ultimate authority of the Court of Session , which can review decisions either through a final appeal or through judicial review . When an Employment Tribunal makes
1456-489: A full range of language skills: speaking, understanding, reading and writing Gaelic. 40.2% of Scotland's Gaelic speakers said that they used Gaelic at home. To put this in context, the most common language spoken at home in Scotland after English and Scots is Polish, with about 1.1% of the population, or 54,000 people. The 2011 UK Census showed a total of 57,375 Gaelic speakers in Scotland (1.1% of population over three years old), of whom only 32,400 could also read and write
1560-501: A jury for indictable offences . Treason , murder , and rape are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the High Court and sheriff courts have concurrent jurisdiction over armed robbery , drug trafficking , and sexual offences involving children virtually all these cases are heard by the High Court. Administration for the courts is provided by the Scottish Courts and Tribunals Service ,
1664-586: A language ideology at odds with revitalization efforts on behalf of new speakers, state policies (such as the Gaelic Language Act), and family members reclaiming their lost mother tongue. New learners of Gaelic often have a positive affective stance to their language learning, and connect this learning journey towards Gaelic language revitalization. The mismatch of these language ideologies, and differences in affective stance, has led to fewer speaking opportunities for adult language learners and therefore
1768-487: A legally qualified clerk, known as the legal adviser. The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500. Scotland has several courts with specialist jurisdictions . The specialist system of children's hearings handles
1872-805: A national centre for Gaelic Language and Culture, based in Sleat , on the Isle of Skye . This institution is the only source for higher education which is conducted entirely in Scottish Gaelic. They offer courses for Gaelic learners from beginners into fluency. They also offer regular bachelors and graduate programs delivered entirely in Gaelic. Concerns have been raised around the fluency achieved by learners within these language programs because they are disconnected from vernacular speech communities. In regard to language revitalization planning efforts, many feel that
1976-549: A process of Gaelicisation (which may have begun generations earlier) was clearly under way during the reigns of Caustantín and his successors. By a certain point, probably during the 11th century, all the inhabitants of Alba had become fully Gaelicised Scots, and Pictish identity was forgotten. Bilingualism in Pictish and Gaelic, prior to the former's extinction, led to the presence of Pictish loanwords in Gaelic and syntactic influence which could be considered to constitute
2080-610: A proportion of Gaelic speakers greater than 65% (the highest value is in Barvas , Lewis , with 64.1%). In addition, no civil parish on mainland Scotland has a proportion of Gaelic speakers greater than 20% (the highest is in Ardnamurchan , Highland , with 19.3%). Out of a total of 871 civil parishes in Scotland, the proportion of Gaelic speakers exceeds 50% in seven parishes, 25% in 14 parishes, and 10% in 35 parishes. Decline in traditional areas has recently been balanced by growth in
2184-536: A situation where new learners struggle to find opportunities to speak Gaelic with fluent speakers. Affect is the way people feel about something, or the emotional response to a particular situation or experience. For Gaelic speakers, there is a conditioned and socialized negative affect through a long history of negative Scottish media portrayal and public disrespect, state mandated restrictions on Gaelic usage, and highland clearances . This negative affect towards speaking openly with non-native Gaelic speakers has led to
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#17327723709772288-592: A third. The Military Courts of the United Kingdom have jurisdiction over all members of the armed forces of the United Kingdom and civilians subject to service discipline in relation to offences against military law . The Supreme Court of the United Kingdom operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, and determining certain devolution and human rights issues. The Supreme Court of
2392-625: A translation of the New Testament. In 1798, four tracts in Gaelic were published by the Society for Propagating the Gospel at Home, with 5,000 copies of each printed. Other publications followed, with a full Gaelic Bible in 1801. The influential and effective Gaelic Schools Society was founded in 1811. Their purpose was to teach Gaels to read the Bible in their own language. In the first quarter of
2496-628: A work-related accident claim in excess of £ 1,000, or where the total amount claimed is in excess of £ 5,000. The choice of local sheriff court or the Personal Injury Court is left to the pursuer . However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court. In Scotland, all monetary claims for amounts not in excess of £ 100,000 are in
2600-490: Is a significant step forward for the recognition of Gaelic both at home and abroad and I look forward to addressing the council in Gaelic very soon. Seeing Gaelic spoken in such a forum raises the profile of the language as we drive forward our commitment to creating a new generation of Gaelic speakers in Scotland." Bilingual road signs, street names, business and advertisement signage (in both Gaelic and English) are gradually being introduced throughout Gaelic-speaking regions in
2704-541: Is in Scotland do remain, until a New Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union; The judges of the Court were the Barons of Exchequer who acted in both a judicial capacity, dealing with revenue cases, debts to the crown, seizure of smuggled goods and prosecutions for illicit brewing and distilling, and in an administrative capacity, mainly auditing accounts. The president of
2808-411: Is no evidence that Gaelic was ever widely spoken. Many historians mark the reign of King Malcolm Canmore ( Malcolm III ) between 1058 and 1093 as the beginning of Gaelic's eclipse in Scotland. His wife Margaret of Wessex spoke no Gaelic, gave her children Anglo-Saxon rather than Gaelic names, and brought many English bishops, priests, and monastics to Scotland. When Malcolm and Margaret died in 1093,
2912-725: Is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom , the highest court. Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Supreme Court of the United Kingdom (previously these were head by the Judicial Committee of
3016-474: Is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom , and the High Court of Justiciary is the supreme criminal court , which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues . The judiciary of Scotland, except the Lord Lyon King of Arms , are united under
3120-462: The 2011 census of Scotland , 57,375 people (1.1% of the Scottish population aged over three years old) reported being able to speak Gaelic, 1,275 fewer than in 2001. The highest percentages of Gaelic speakers were in the Outer Hebrides . Nevertheless, there is a language revival , and the number of speakers of the language under age 20 did not decrease between the 2001 and 2011 censuses. In
3224-538: The 2021 census , 2,170 Canadian residents claimed knowledge of Scottish Gaelic, a decline from 3,980 speakers in the 2016 census . There exists a particular concentration of speakers in Nova Scotia , with historic communities in other parts of Canada having largely disappeared. Scottish Gaelic is classed as an indigenous language under the European Charter for Regional or Minority Languages , which
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3328-468: The 2022 census of Scotland , it was found that 2.5% of the Scottish population had some skills in Gaelic, or 130,161 persons. Of these, 69,701 people reported speaking the language, with a further 46,404 people reporting that they understood the language, but did not speak, read, or write in it. Outside of Scotland, a dialect known as Canadian Gaelic has been spoken in Canada since the 18th century. In
3432-615: The Admiralty and Commissary Courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830 . Scottish Gaelic language Scottish Gaelic ( / ˈ ɡ æ l ɪ k / , GAL -ik ; endonym : Gàidhlig [ˈkaːlɪkʲ] ), also known as Scots Gaelic or simply Gaelic , is a Goidelic language (in the Celtic branch of the Indo-European language family ) native to
3536-605: The Employment Appeal Tribunal , which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is an appeal to, or judicial review by, the Court of Session, which will often be more limited in scope than an appeal. The Bill Chamber was formerly a court of Scotland, often considered as part of the Court of Session but in fact separate from it. It dealt with petitions for suspension ( appeal ), interdict , sequestrations etc., and
3640-638: The Gaels of Scotland . As a Goidelic language, Scottish Gaelic, as well as both Irish and Manx , developed out of Old Irish . It became a distinct spoken language sometime in the 13th century in the Middle Irish period, although a common literary language was shared by the Gaels of both Ireland and Scotland until well into the 17th century. Most of modern Scotland was once Gaelic-speaking, as evidenced especially by Gaelic-language place names. In
3744-812: The House of Lords , a chamber of the Parliament of the United Kingdom (though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals). The Supreme Court took over the judicial functions of the House of Lords , and also assumed the jurisdiction over devolution and human rights issues vested in the Judicial Committee of the Privy Council . Cases involving "devolution issues" arising under
3848-461: The Inner House . It includes specialized commercial court provisions: "The Court of Session has for many years had special provisions for dealing with commercial actions to enable specialist judges to handle commercial cases quickly and flexibly." The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the sheriff courts, and replaces appeals previously made to
3952-752: The Inner House of the Court of Session . The High Court of Justiciary is the supreme criminal court. The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the Justiciary Building in the Lawnmarket in Edinburgh and in the Justiciary Buildings in the Saltmarket in Glasgow, but also sits from time to time in various other places in Scotland. As
4056-634: The Lands Tribunal for Scotland . Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon . Defunct and historical courts include the Admiralty Court , Court of Exchequer , district courts , and the High Court of Constabulary . The United Kingdom does not have a single judicial system — England and Wales have one system, Scotland another, and Northern Ireland
4160-492: The Outer Hebrides , accommodation ethics exist amongst native or local Gaelic speakers when engaging with new learners or non-locals. Accommodation ethics, or ethics of accommodation, is a social practice where local or native speakers of Gaelic shift to speaking English when in the presence of non-Gaelic speakers out of a sense of courtesy or politeness. This accommodation ethic persists even in situations where new learners attempt to speak Gaelic with native speakers. This creates
4264-566: The Scotland Act 1998 , as amended by the Scotland Act 2016 , which includes disputes regarding the validity of Acts of the Scottish Parliament or executive functions of the Scottish Government , are heard by the Supreme Court. These cases may reach the Court as follows: The Court system in its modern form is based on the reforms introduced by Lord Gill as Lord President, and implemented or further modified under
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4368-688: The Scottish Lowlands . Between the 2001 and 2011 censuses, the number of Gaelic speakers rose in nineteen of the country's 32 council areas. The largest absolute gains were in Aberdeenshire (+526), North Lanarkshire (+305), the Aberdeen City council area (+216), and East Ayrshire (+208). The largest relative gains were in Aberdeenshire (+0.19%), East Ayrshire (+0.18%), Moray (+0.16%), and Orkney (+0.13%). In 2018,
4472-706: The UK Government has ratified, and the Gaelic Language (Scotland) Act 2005 established a language-development body, Bòrd na Gàidhlig . The Scottish Parliament is considering a Scottish Languages Bill which proposes to give the Gaelic and Scots languages official status in Scotland. Aside from "Scottish Gaelic", the language may also be referred to simply as "Gaelic", pronounced / ˈ ɡ æ l ɪ k / GAL -ik in English . However, "Gaelic" / ˈ ɡ eɪ l ɪ k / GAY -lik also refers to
4576-572: The exclusive jurisdiction of the sheriff courts , with the Court of Session having concurrent jurisdiction for amounts of more than £ 100,000. The Personal Injury Court was established by the Courts Reform (Scotland) Act 2014 and the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015. The sheriff courts are the other civil courts; they sits locally. The Court of Session and sheriff courts have
4680-656: The jurisdiction of the Lord High Constable was defined in terms of the "resident place" appointed for the Privy Council. In 1815, the Jury Trials (Scotland) Act 1815 created the Jury Court to allow certain civil cases to be tried by jury. The Jury Court was subordinate to the Court of Session , and appeals were heard by the Inner House of the Court of Session . In 1830 the Jury Court, along with
4784-464: The sheriffs principal . The Sheriff Appeal Court is a national court with a jurisdiction over appeals in summary criminal proceedings, and bail decisions in solemn procedure , from the sheriff courts and justice of the peace courts . The Sheriff Appeal Court had its jurisdiction extended on 1 January 2016, when the provisions of the Court Reform (Scotland) Act 2014 to extend civil appeals to
4888-715: The significant increase in pupils in Gaelic-medium education since that time is unknown. Gaelic Medium Education is one of the primary ways that the Scottish Government is addressing Gaelic language shift. Along with the Bòrd na Gàidhlig policies, preschool and daycare environments are also being used to create more opportunities for intergenerational language transmission in the Outer Hebrides. However, revitalization efforts are not unified within Scotland or Nova Scotia, Canada. One can attend Sabhal Mòr Ostaig ,
4992-601: The 19th century, the SSPCK (despite their anti-Gaelic attitude in prior years) and the British and Foreign Bible Society distributed 60,000 Gaelic Bibles and 80,000 New Testaments. It is estimated that this overall schooling and publishing effort gave about 300,000 people in the Highlands some basic literacy. Very few European languages have made the transition to a modern literary language without an early modern translation of
5096-404: The 2011 Census. The 2011 total population figure comes from table KS101SC. The numbers of Gaelic speakers relate to the numbers aged 3 and over, and the percentages are calculated using those and the number of the total population aged 3 and over. Across the whole of Scotland, the 2011 census showed that 25,000 people (0.49% of the population) used Gaelic at home. Of these, 63.3% said that they had
5200-407: The 4th–5th centuries CE, by settlers from Ireland who founded the Gaelic kingdom of Dál Riata on Scotland's west coast in present-day Argyll . An alternative view has been voiced by archaeologist Ewan Campbell , who has argued that the putative migration or takeover is not reflected in archaeological or placename data (as pointed out earlier by Leslie Alcock ). Campbell has also questioned
5304-494: The Bible; the lack of a well known translation may have contributed to the decline of Scottish Gaelic. Counterintuitively, access to schooling in Gaelic increased knowledge of English. In 1829, the Gaelic Schools Society reported that parents were unconcerned about their children learning Gaelic, but were anxious to have them taught English. The SSPCK also found Highlanders to have significant prejudice against Gaelic. T. M. Devine attributes this to an association between English and
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#17327723709775408-429: The Court of Session or High Court of Justiciary, including . Children under the age of 16 who face allegations of criminal conduct are dealt with through the Children's Hearings , which are quasi-judicial in nature. Disputes involving agricultural tenancies and crofting are dealt with by the Scottish Land Court , and disputes about private rights in titles for land ownership and land valuation are dealt with by
5512-498: The EU's institutions. The Scottish government had to pay for the translation from Gaelic to other European languages . The deal was received positively in Scotland; Secretary of State for Scotland Jim Murphy said the move was a strong sign of the UK government's support for Gaelic. He said; "Allowing Gaelic speakers to communicate with European institutions in their mother tongue is a progressive step forward and one which should be welcomed". Culture Minister Mike Russell said; "this
5616-563: The Exchequer Court was known as the Chief Baron of Exchequer, and the initial president was the Lord High Treasurer . The 1707 Act limited the numbers of Barons to 5. A separate Exchequer Court was abolished by the Exchequer Court (Scotland) Act 1856, and all of its powers were transferred to the Court of Session. With its abolishment no further Barons of Exchequer were appointed. District courts are no longer in existence. They were introduced in 1975 and sat in each local council area under summary procedure only. The Scottish Government merged
5720-484: The Forth–Clyde line and along the northeastern coastal plain as far north as Moray. Norman French completely displaced Gaelic at court. The establishment of royal burghs throughout the same area, particularly under David I , attracted large numbers of foreigners speaking Old English. This was the beginning of Gaelic's status as a predominantly rural language in Scotland. Clan chiefs in the northern and western parts of Scotland continued to support Gaelic bards who remained
5824-415: The Gaelic Act falls so far short of the status accorded to Welsh that one would be foolish or naïve to believe that any substantial change will occur in the fortunes of the language as a result of Bòrd na Gàidhlig 's efforts. On 10 December 2008, to celebrate the 60th anniversary of the Universal Declaration of Human Rights , the Scottish Human Rights Commission had the UDHR translated into Gaelic for
5928-582: The Gaelic aristocracy rejected their anglicised sons and instead backed Malcolm's brother Domnall Bán ( Donald III ). Donald had spent 17 years in Gaelic Ireland and his power base was in the thoroughly Gaelic west of Scotland. He was the last Scottish monarch to be buried on Iona , the traditional burial place of the Gaelic Kings of Dàl Riada and the Kingdom of Alba. However, during the reigns of Malcolm Canmore's sons, Edgar, Alexander I and David I (their successive reigns lasting 1097–1153), Anglo-Norman names and practices spread throughout Scotland south of
6032-442: The Highland and Island region. In 1616, the Privy Council proclaimed that schools teaching in English should be established. Gaelic was seen, at this time, as one of the causes of the instability of the region. It was also associated with Catholicism. The Society in Scotland for the Propagation of Christian Knowledge (SSPCK) was founded in 1709. They met in 1716, immediately after the failed Jacobite rising of 1715 , to consider
6136-416: The Highlands and Islands, including Argyll. In many cases, this has simply meant re-adopting the traditional spelling of a name (such as Ràtagan or Loch Ailleart rather than the anglicised forms Ratagan or Lochailort respectively). Some monolingual Gaelic road signs, particularly direction signs, are used on the Outer Hebrides , where a majority of the population can have a working knowledge of
6240-426: The Inner Hebridean dialects of Tiree and Islay, and even a few native speakers from Western Highland areas including Wester Ross , northwest Sutherland , Lochaber and Argyll . Dialects on both sides of the Straits of Moyle (the North Channel ) linking Scottish Gaelic with Irish are now extinct, though native speakers were still to be found on the Mull of Kintyre , on Rathlin and in North East Ireland as late as
6344-410: The Irish language ( Gaeilge ) and the Manx language ( Gaelg ). Scottish Gaelic is distinct from Scots , the Middle English -derived language which had come to be spoken in most of the Lowlands of Scotland by the early modern era . Prior to the 15th century, this language was known as Inglis ("English") by its own speakers, with Gaelic being called Scottis ("Scottish"). Beginning in
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#17327723709776448-413: The Lord Presidency of Lord Carloway . The foundational legislation for the sheriff courts and many other changes is the Courts Reform (Scotland) Act 2014 . The Court of Session is the supreme civil court. It is both a court of first instance and a court of appeal , and sits exclusively in Parliament House in Edinburgh . The court of first instance is known as the Outer House , the court of appeal
6552-413: The Privy Council ). The Sheriff Appeal Court is a national court with jurisdiction over appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts , and from bail decision in solemn procedure at the sheriff court. The Sheriff Appeal Court was established on 22 September 2015 to deal with appeals against conviction and sentence in summary proceedings before
6656-405: The Sheriff Appeal Court were brought into force by the Scottish Ministers . The Sheriff Personal Injury Court is a specialist all-Scotland court with exclusive competence to hear cases, with and without a jury , that relate to personal injury . The Personal Injury Court has concurrent jurisdiction with local sheriff courts , over claims relating to personal injury where the case is for
6760-428: The UK Government as Welsh . With the advent of devolution , however, Scottish matters have begun to receive greater attention, and it achieved a degree of official recognition when the Gaelic Language (Scotland) Act was enacted by the Scottish Parliament on 21 April 2005. The key provisions of the Act are: After its creation, Bòrd na Gàidhlig required a Gaelic Language Plan from the Scottish Government. This plan
6864-435: The United Kingdom was created on 1 October 2009 by the Constitutional Reform Act 2005 . The Supreme Court hears civil appeals from the Court of Session, and it hears appeals from all the civil and criminal courts of England and Wales and of Northern Ireland . The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary. Until the creation of the Supreme Court, ultimate appeal lay to
6968-581: The Western Isles (−1,745), Argyll & Bute (−694), and Highland (−634). The drop in Stornoway , the largest parish in the Western Isles by population, was especially acute, from 57.5% of the population in 1991 to 43.4% in 2011. The only parish outside the Western Isles over 40% Gaelic-speaking is Kilmuir in Northern Skye at 46%. The islands in the Inner Hebrides with significant percentages of Gaelic speakers are Tiree (38.3%), Raasay (30.4%), Skye (29.4%), Lismore (26.9%), Colonsay (20.2%), and Islay (19.0%). Today, no civil parish in Scotland has
7072-589: The Western Isles. The Scottish Qualifications Authority offer two streams of Gaelic examination across all levels of the syllabus: Gaelic for learners (equivalent to the modern foreign languages syllabus) and Gaelic for native speakers (equivalent to the English syllabus). An Comunn Gàidhealach performs assessment of spoken Gaelic, resulting in the issue of a Bronze Card, Silver Card or Gold Card. Syllabus details are available on An Comunn's website. These are not widely recognised as qualifications, but are required for those taking part in certain competitions at
7176-466: The age and reliability of the medieval historical sources speaking of a conquest. Instead, he has inferred that Argyll formed part of a common Q-Celtic -speaking area with Ireland, connected rather than divided by the sea, since the Iron Age. These arguments have been opposed by some scholars defending the early dating of the traditional accounts and arguing for other interpretations of the archaeological evidence. Regardless of how it came to be spoken in
7280-408: The annual mods . In October 2009, a new agreement allowed Scottish Gaelic to be formally used between Scottish Government ministers and European Union officials. The deal was signed by Britain's representative to the EU, Sir Kim Darroch , and the Scottish government . This did not give Scottish Gaelic official status in the EU but gave it the right to be a means of formal communications in
7384-413: The bill be strengthened, a revised bill was published; the main alteration was that the guidance of the Bòrd is now statutory (rather than advisory). In the committee stages in the Scottish Parliament, there was much debate over whether Gaelic should be given 'equal validity' with English. Due to executive concerns about resourcing implications if this wording was used, the Education Committee settled on
7488-473: The capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts , which are arranged into six sheriffdoms led by a sheriff principal . The sheriff courts have exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on complaint for summary offences , and with
7592-625: The census of pupils in Scotland showed 520 students in publicly funded schools had Gaelic as the main language at home, an increase of 5% from 497 in 2014. During the same period, Gaelic medium education in Scotland has grown, with 4,343 pupils (6.3 per 1000) being educated in a Gaelic-immersion environment in 2018, up from 3,583 pupils (5.3 per 1000) in 2014. Data collected in 2007–2008 indicated that even among pupils enrolled in Gaelic medium schools, 81% of primary students and 74% of secondary students report using English more often than Gaelic when speaking with their mothers at home. The effect on this of
7696-568: The cities and professors of Celtic from universities who sought to preserve the language. The Education (Scotland) Act 1872 provided universal education in Scotland, but completely ignored Gaelic in its plans. The mechanism for supporting Gaelic through the Education Codes issued by the Scottish Education Department were steadily used to overcome this omission, with many concessions in place by 1918. However,
7800-570: The concept of 'equal respect'. It is not clear what the legal force of this wording is. The Act was passed by the Scottish Parliament unanimously, with support from all sectors of the Scottish political spectrum, on 21 April 2005. Under the provisions of the Act, it will ultimately fall to BnG to secure the status of the Gaelic language as an official language of Scotland. Some commentators, such as Éamonn Ó Gribín (2006) argue that
7904-549: The deal with criminal appeals. The bench generally comprises three appeal sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against sentence. A single appeal sheriff hears appeals against bail decisions made by a sheriff or justices of the peace. The court is based at the courthouse at Lawnmarket, Edinburgh, and initially sat on two consecutive days each fortnight. Substantive criminal appeals are now heard on Tuesdays and appeals against sentence on Wednesdays. The sheriff courts are
8008-555: The decision of a local Valuation Appeal Committee is disputed. The senators who make up the Lands Valuation Appeal Court were specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway ( Lord President ) and Lady Dorrian ( Lord Justice Clerk ) as members with a further four senators specified. The Scottish Land Court has jurisdiction over disputes involving agricultural tenancies and crofting rights. Under
8112-499: The dialect of the Scottish Gaelic language, and also mixed use of English and Gaelic across the Highlands and Islands. Dialects of Lowland Gaelic have been defunct since the 18th century. Gaelic in the Eastern and Southern Scottish Highlands, although alive until the mid-20th century, is now largely defunct. Although modern Scottish Gaelic is dominated by the dialects of the Outer Hebrides and Isle of Skye, there remain some speakers of
8216-582: The entire region of modern-day Scotland was called Scotia in Latin, and Gaelic was the lingua Scotica . In southern Scotland , Gaelic was strong in Galloway , adjoining areas to the north and west, West Lothian , and parts of western Midlothian . It was spoken to a lesser degree in north Ayrshire , Renfrewshire , the Clyde Valley and eastern Dumfriesshire . In south-eastern Scotland, there
8320-502: The first time. However, given there are no longer any monolingual Gaelic speakers, following an appeal in the court case of Taylor v Haughney (1982), involving the status of Gaelic in judicial proceedings, the High Court ruled against a general right to use Gaelic in court proceedings. While the goal of the Gaelic Language Act was to aid in revitalization efforts through government mandated official language status,
8424-479: The initiatives must come from within Gaelic speaking communities, be led by Gaelic speakers, and be designed to serve and increase fluency within the vernacular communities as the first and most viable resistance to total language shift from Gaelic to English. Currently, language policies are focused on creating new language speakers through education, instead of focused on how to strengthen intergenerational transmission within existing Gaelic speaking communities. In
8528-502: The language. Compared with the 2001 Census, there has been a diminution of about 1300 people. This is the smallest drop between censuses since the Gaelic-language question was first asked in 1881. The Scottish government's language minister and Bòrd na Gàidhlig took this as evidence that Gaelic's long decline has slowed. The main stronghold of the language continues to be the Outer Hebrides ( Na h-Eileanan Siar ), where
8632-652: The language. These omit the English translation entirely. Bilingual railway station signs are now more frequent than they used to be. Practically all the stations in the Highland area use both English and Gaelic, and the use of bilingual station signs has become more frequent in the Lowlands of Scotland, including areas where Gaelic has not been spoken for a long time. Agriculture in Scotland Too Many Requests If you report this error to
8736-532: The late 15th century, it became increasingly common for such speakers to refer to Scottish Gaelic as Erse ("Irish") and the Lowland vernacular as Scottis . Today, Scottish Gaelic is recognised as a separate language from Irish, so the word Erse in reference to Scottish Gaelic is no longer used. Based on medieval traditional accounts and the apparent evidence from linguistic geography, Gaelic has been commonly believed to have been brought to Scotland, in
8840-511: The leadership and authority of the Lord President and Lord Justice General , who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act 2014 , to regulate civil procedure through passing subordinate legislation knows as Acts of Sederunt , and the High Court of Justiciary has the authority to regulate criminal procedure through passing Acts of Adjournal . Both Acts of Sederunt and Acts of Adjournal have
8944-459: The main criminal courts; they sit locally in sheriff courts throughout Scotland organised in the six sheriffdoms . The procedure followed may either be solemn procedure , where the Sheriff sits with a jury of fifteen ; or summary procedure , where the sheriff sits alone in a bench trial . From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or
9048-469: The majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration . Serious crimes, at the direction of a procurator fiscal , are still dealt with in the usual criminal courts. The Court of the Lord Lyon ,
9152-536: The management of the sheriff and justice of the peace courts (formerly known as district courts), retaining lay justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace district courts by "justice of the peace courts". The process is concluded and all district courts are now abolished and replaced with the new justice of the peace courts throughout Scotland, which have strengthened powers to allow more cases to be dealt with at this level. The High Court of Constabulary
9256-459: The members of Highland school boards tended to have anti-Gaelic attitudes and served as an obstacle to Gaelic education in the late 19th and early 20th century. Loss of life due to World War I and the 1919 sinking of the HMY Iolaire , combined with emigration, resulted in the 1910s seeing unprecedented damage to the use of Scottish Gaelic, with a 46% fall in monolingual speakers and
9360-734: The mid-20th century. Records of their speech show that Irish and Scottish Gaelic existed in a dialect chain with no clear language boundary. Some features of moribund dialects have been preserved in Nova Scotia, including the pronunciation of the broad or velarised l ( l̪ˠ ) as [w] , as in the Lochaber dialect. The Endangered Languages Project lists Gaelic's status as "threatened", with "20,000 to 30,000 active users". UNESCO classifies Gaelic as " definitely endangered ". The 1755–2001 figures are census data quoted by MacAulay. The 2011 Gaelic speakers figures come from table KS206SC of
9464-532: The modern era. Some of this was driven by policy decisions by government or other organisations, while some originated from social changes. In the last quarter of the 20th century, efforts began to encourage use of the language. The Statutes of Iona , enacted by James VI in 1609, was one piece of legislation that addressed, among other things, the Gaelic language. It required the heirs of clan chiefs to be educated in lowland, Protestant, English-speaking schools. James VI took several such measures to impose his rule on
9568-695: The official language of government and law. Scotland's emergent nationalism in the era following the conclusion of the Wars of Scottish Independence was organized using Scots as well. For example, the nation's great patriotic literature including John Barbour's The Brus (1375) and Blind Harry's The Wallace (before 1488) was written in Scots, not Gaelic. By the end of the 15th century, English/Scots speakers referred to Gaelic instead as 'Yrisch' or 'Erse', i.e. Irish and their own language as 'Scottis'. A steady shift away from Scottish Gaelic continued into and through
9672-459: The outcome of the act is distanced from the actual minority language communities. It helps to create visibility of the minority language in civil structures, but does not impact or address the lived experiences of the Gaelic speaker communities wherein the revitalization efforts may have a higher return of new Gaelic speakers. Efforts are being made to concentrate resources, language planning, and revitalization efforts towards vernacular communities in
9776-560: The overall proportion of speakers is 52.2%. Important pockets of the language also exist in the Highlands (5.4%) and in Argyll and Bute (4.0%) and Inverness (4.9%). The locality with the largest absolute number is Glasgow with 5,878 such persons, who make up over 10% of all of Scotland's Gaelic speakers. Gaelic continues to decline in its traditional heartland. Between 2001 and 2011, the absolute number of Gaelic speakers fell sharply in
9880-466: The prosperity of employment: the Highland economy relied greatly on seasonal migrant workers travelling outside the Gàidhealtachd . In 1863, an observer sympathetic to Gaelic stated that "knowledge of English is indispensable to any poor islander who wishes to learn a trade or to earn his bread beyond the limits of his native Isle". Generally, rather than Gaelic speakers, it was Celtic societies in
9984-460: The reform and civilisation of the Highlands, which they sought to achieve by teaching English and the Protestant religion. Initially, their teaching was entirely in English, but soon the impracticality of educating Gaelic-speaking children in this way gave rise to a modest concession: in 1723, teachers were allowed to translate English words in the Bible into Gaelic to aid comprehension, but there
10088-587: The region, Gaelic in Scotland was mostly confined to Dál Riata until the eighth century, when it began expanding into Pictish areas north of the Firth of Forth and the Firth of Clyde. During the reign of Caustantín mac Áeda (Constantine II, 900–943), outsiders began to refer to the region as the kingdom of Alba rather than as the kingdom of the Picts. However, though the Pictish language did not disappear suddenly,
10192-576: The standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. It is headed by the Lord Lyon , who is King of Arms and senior herald for Scotland. The Lands Valuation Appeal Court is a Scottish civil court , composed of three Court of Session judges, and established under section 7 of the Valuation of Lands (Scotland) Amendment Act 1879 . It hears cases where
10296-612: The terms of the Church of Scotland Act 1921 the General Assembly of the Church of Scotland has sole jurisdiction over its own spiritual affairs, including matters of discipline. There are several specialist tribunals in Scotland which often have exclusive jurisdiction over cases relevant to their remit . They are subject to the oversight and ultimate authority of the Court of Session , which can review decisions through either
10400-543: Was a court in Scotland presided over by the Lord High Constable of Scotland and deputes appointed by the Lord High Constable. Established in the late 13th century the court was empowered to judge all cases of rioting , disorder , bloodshed , and murder if such crimes occurred within four miles of the King of Scots , the King's Council , or the Parliament of Scotland . Following James VI 's move to England ,
10504-399: Was accepted in 2008, and some of its main commitments were: identity (signs, corporate identity); communications (reception, telephone, mailings, public meetings, complaint procedures); publications (PR and media, websites); staffing (language learning, training, recruitment). Following a consultation period, in which the government received many submissions, the majority of which asked that
10608-554: Was long suppressed. The UK government has ratified the European Charter for Regional or Minority Languages in respect of Gaelic. Gaelic, along with Irish and Welsh, is designated under Part III of the Charter, which requires the UK Government to take a range of concrete measures in the fields of education, justice, public administration, broadcasting and culture. It has not received the same degree of official recognition from
10712-510: Was no further permitted use. Other less prominent schools worked in the Highlands at the same time, also teaching in English. This process of anglicisation paused when evangelical preachers arrived in the Highlands, convinced that people should be able to read religious texts in their own language. The first well known translation of the Bible into Scottish Gaelic was made in 1767, when James Stuart of Killin and Dugald Buchanan of Rannoch produced
10816-651: Was the approximate equivalent to sittings in camera (in chambers) in American or English law . The Bill Chamber was "under the same roof" as the Court of Session, but was a separate court or jurisdiction. Its history and function were discussed in the report of the Royal Commission on the Court of Session and the Office of Sheriff Principal (1927) which concluded "the usefulness of the Bill Chamber as
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