In law , a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts , sue and be sued, own property , and so on. The reason for the term " legal person" is that some legal persons are not people: companies and corporations (i.e., business entities ) are persons legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense ( human beings ).
124-563: The Scottish Funding Council ( Scottish Gaelic : Comhairle Maoineachaidh na h-Alba ; SFC ), formally the Scottish Further and Higher Education Funding Council , is the non-departmental public body charged with funding Scotland 's further and higher education institutions, including its 26 colleges and 19 universities . The council was established by the Further and Higher Education (Scotland) Act 2005 . It supersedes
248-442: 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
372-564: 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,
496-524: 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
620-823: 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
744-452: A college would only be permitted to maintain as much working capital as necessary for the college's operation. In addition to its main function of funding Scotland's HE and FE institutions, the SFC has other roles and carries out other tasks related to Scotland's education sectors. In Scotland, colleges and universities are registered charities. However, unlike its English counterpart HEFCE ,
868-433: A company limited by shares, its shareholders ). They may sue and be sued , enter into contracts, incur debt , and own property . Entities with legal personality may also be subjected to certain legal obligations, such as the payment of taxes. An entity with legal personality may shield its members from personal liability . In some common law jurisdictions a distinction is drawn between corporation aggregate (such as
992-550: A company, which is composed of a number of members) and a corporation sole , which is a public office of legal personality separated from the individual holding the office (these entities have separate legal personality). Historically most corporations sole were ecclesiastical in nature (for example, the office of the Archbishop of Canterbury is a corporation sole), but a number of other public offices are now formed as corporations sole. The concept of juridical personality
1116-489: 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
1240-644: A greater degree than two separate councils. On 20 April 2005, the Scottish Parliament passed the Further and Higher Education (Scotland) 2005 Act. The Act received royal assent on 1 June 2005. This Act established the Scottish Further and Higher Education Funding Council, set out its role and functions, and made provision for the dissolution of the SFEFC and SHEFC. The SFC's establishment
1364-622: A human person is called a natural person (sometimes also a physical person ), and a non-human person is called a juridical person (sometimes also a juridic , juristic , artificial , legal , or fictitious person , Latin : persona ficta ). Juridical persons are entities such as corporations, firms (in some jurisdictions ), and many government agencies . They are treated in law as if they were persons. While natural persons acquire legal personality "naturally", simply by being born, juridical persons must have legal personality conferred on them by some "unnatural", legal process, and it
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#17327877785231488-586: 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
1612-479: A law restricting the free speech of a corporation or a political action group or dictating the coverage of a local newspaper, and because of the Due Process Clause , a state government may not take the property of a corporation without using due process of law and providing just compensation. These protections apply to all legal entities, not just corporations. A prominent component of relevant case law
1736-805: 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
1860-549: 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
1984-610: 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
2108-493: A side effect of which was the shifting of funding responsibility from those authorities to the Scottish Office of HM Government . This Act also formed a "higher education (HE) sector" in Scotland, transferring various powers and duties related to HE institutions to the funding councils. The 1992 Act, which was paralleled by an Act applying only to England and Wales , was not brought into force immediately. Instead,
2232-536: 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
2356-625: 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
2480-474: Is a body corporate created under the Act to ensure that the colleges in its assigned region provide high-quality education and to make and oversee the carrying out of plans for its colleges to deliver further and higher education. The Act allows such bodies to provide grants , loans, or other payments to its colleges to fund the provision of further or higher education, to fund research by those colleges, and to fund
2604-716: Is a working group which discusses related national policy, and provides advice to the SFC and the Scottish Government. The College European Funding Liaison Group (CEFLG) is responsible for advising the council on matters relating to the European Social Fund (ESF), including providing guidance to colleges, monitoring and regulation relating to ESF grants and European projects, and related data collection. The Institutional Group on Statistics (IGS) provides advice on and gathers statistics on higher education institutions, and participates in activities by
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#17327877785232728-432: Is a joint initiative between the SFC, Scottish Enterprise, and Highlands and Islands Enterprise to fund collaboration between universities and businesses, and to promote entrepreneurship. The SFC has stated that it will provide £120 million in funding through 2013 to 2018 and, as of June 2016, has funded eight Innovation Centres: Some of the centres are located at Scottish universities, including Stirling University (SAIC),
2852-490: 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
2976-460: Is also found in virtually every other legal system. Some examples of juridical persons include: Not all organizations have legal personality. For example, the board of directors of a corporation, legislature, or governmental agency typically are not legal persons in that they have no ability to exercise legal rights independent of the corporation or political body which they are a part of. The concept of legal personhood for organizations of people
3100-459: Is at least as old as Ancient Rome : a variety of collegial institutions enjoyed the benefit under Roman law . The doctrine has been attributed to Pope Innocent IV , who seems at least to have helped spread the idea of persona ficta as it is called in Latin . In canon law , the doctrine of persona ficta allowed monasteries to have a legal existence that was apart from the monks, simplifying
3224-601: Is for this reason that they are sometimes called "artificial" persons. In the most common case ( incorporating a business), legal personality is usually acquired by registration with a government agency set up for the purpose. In other cases it may be by primary legislation: an example is the Charity Commission in the UK. The United Nations Sustainable Development Goal 16 advocates for the provision of legal identity for all, including birth registration by 2030 as part of
3348-411: 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,
3472-484: Is not absolute. " Piercing the corporate veil " refers to looking at the individual natural persons acting as agents involved in a company action or decision; this may result in a legal decision in which the rights or duties of a corporation or public limited company are treated as the rights or liabilities of that corporation's members or directors . The concept of a juridical person is now central to Western law in both common-law and civil-law countries, but it
3596-412: Is pertinent to the philosophy of law , as it is essential to laws affecting a corporation ( corporations law ). Juridical personhood allows one or more natural persons ( universitas personarum ) to act as a single entity ( body corporate ) for legal purposes. In many jurisdictions , artificial personality allows that entity to be considered under law separately from its individual members (for example in
3720-681: Is responsible for research, knowledge sharing between Innovation Centres , development of the Research Excellence Framework , and liaison with Bòrd na Gàidhlig and NHS Education for Scotland . The directorate also provides guidance and funding to the SFC's fundable bodies for work towards compliance with the Climate Change Act 2008 . A team within the directorate is the Capital and Climate Change team, which works with HE and FE institutions for compliance with
3844-595: Is responsible for the preparation of the outcome agreements the council makes with fundable bodies, and has responsibilities relating to access to and the quality of education. The Finance Directorate is responsible for the application of SFC funds in relation to outcome agreements, the protection of SFC funds, and for providing guidance to FE colleges. The Corporate Services Directorate has responsibility for council communications, project delivery, website administration, human resources management , and information technology . The Research and Innovation Directorate
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3968-569: Is set out in schedule 1 of the 2005 Act. It consists of a chief executive , a chairperson , and between 11 and 14 members. Excluding the chief executive, all council members are appointed by the Scottish Ministers. An appointment typically lasts for no more than four years, but may be extended to eight years by the Ministers. The chief executive is appointed by the council, subject to ministerial approval. The 2005 Act doesn't set out
4092-654: Is the Supreme Court decision Citizens United v. Federal Election Commission , which ruled unconstitutional certain restrictions on corporate campaign spending during elections. Other United States points of law include: In Act II, Scene 1 of Gilbert and Sullivan 's 1889 opera, The Gondoliers , Giuseppe Palmieri (who serves, jointly with his brother Marco, as King of Barataria) requests that he and his brother be also recognized individually so that they might each receive individual portions of food as they have "two independent appetites". He is, however, turned down by
4216-415: Is the characteristic of a non-living entity regarded by law as having the status of personhood . A juridical or artificial person ( Latin : persona ficta ; also juristic person ) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person . The concept of a juridical person is a fundamental legal fiction . It
4340-524: Is the property owned by the deity or idol as a "legal person". Humans appointed to act on behalf of deity are called the "shebait" . A shebait acts as the guardian or custodian of deity to protect the right of deity and fulfill the legal duties of the deity. Shebait is similar to a trustee in case the deity or temple does have a legally registered trust or entity. Under the Hindu Law property gifted or offered as rituals or donations, etc absolutely belongs to
4464-547: The " Animal Welfare Board of India vs Nagaraja" case in 2014 mandated that animals are also entitled to the fundamental right to freedom enshrined in the Article 21 of Constitution of India i.e. right to life, personal liberty and the right to die with dignity ( passive euthanasia ). In another case, a court in Uttarakhand state mandated that animals have the same rights as humans. In another case of cow-smuggling ,
4588-518: 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
4712-538: 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
4836-468: 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
4960-592: The 2030 Agenda . As legal personality is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations ), it is a prerequisite for an international organization to be able to sign international treaties in its own name . The term "legal person" can be ambiguous because it is often used as a synonym of terms that refer only to non-human legal entities, specifically in contradistinction to "natural person". Artificial personality , juridical personality , or juristic personality
5084-414: The Climate Change Act 2008 and to assist those institutions with funding for low-carbon research. Each institution funded by the SFC secures its funding under an outcome agreement. The agreements define what the institution will do with the funds and the targets it must achieve with those funds. If an institution fails to follow the agreement, the SFC may claw back funds from that institution. In 2009,
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5208-638: 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
5332-581: The Higher Education Statistics Agency . The Statistical Advisory Group for Further Education (SAGE) is the equivalent of the IGS for further education institutions. The employees of the SFC are split across four directorates , each working in the various areas of the council's operation. The directorates are headed by employees of the council rather than by council members. The Access, Skills and Outcome Agreements Directorate
5456-466: The New Zealand Bill of Rights Act 1990 provides: "... the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons." In part based on the principle that legal persons are simply natural persons and their organizations, and in part based on the history of statutory interpretation of the word "person",
5580-599: The Open Government Licence . Schedule 2 of the Act identified "fundable bodies" – further and higher education bodies that are eligible for funding from the SFC ;– by listing those bodies formerly covered separately by the SFEFC and SHEFC. Since the establishment of the SFC, this schedule has been amended numerous times to reflect the current state of eligibility for SFC funding . The Scottish Parliament passed, on 26 June 2013,
5704-492: 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
5828-507: The Punjab and Haryana High Court mandated that "entire animal kingdom including avian and aquatic" species has a "distinct legal persona with corresponding rights, duties, and liabilities of a living person" and humans are "loco parentis" while laying out the norms for animal welfare, veterinary treatment, fodder and shelter, e.g. animal drawn carriages must not have more than four humans, and load carrying animals must not be loaded beyond
5952-760: The Queen Elizabeth University Hospital (Stratified Medicine), and the University of Edinburgh (the Data Lab). The Innovation Centres are not listed as fundable bodies , and so are not eligible for funding the same sense HE and FE institutions are. A fundable body is a body which is eligible to receive funding from the SFC, as listed by schedules 2 and 2A of the Further and Higher Education (Scotland) Act 2005. These schedules have been amended numerous times as bodies have been created, merged, and dissolved. Those bodies currently listed in
6076-688: 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,
6200-706: 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
6324-603: The Uttarakhand High Court , mandated that the river Ganges and Yamuna as well as all water bodies are "living entities" i.e. "legal person" and appointed three humans as trustees to protect the rights of rivers against the pollution caused by the humans, e.g. "pilgrims's bathing rituals" . The Supreme Court of India overturned the decision of the High Court of Uttarakhand in July 2017. Section 28 of
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#17327877785236448-715: 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 ,
6572-730: The "legal person" status by the law "have rights and co-relative duties; they can sue and be sued, can possess and transfer property" . Since these non-human entities are "voiceless" they are legally represented "through guardians and representatives" to claim their legal rights and to fulfill their legal duties and responsibilities. Specific non-human entities given the status of "legal person" include " corporate personality , body politic , charitable unions etc," as well as trust estates , deities , temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities, and gram panchayats (village councils), rivers, all animals and birds. In court cases regarding corporates,
6696-601: 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
6820-404: 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
6944-407: 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
7068-569: 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
7192-476: The ESF. From 2010 to 2015, the SFC's budget increased by a net £54 million, or 3.16%. From this budget, the SFC provided £1.702 billion in funding in its 2014/15 financial year , of which £1.124 billion was paid to HE institutions and £577.9 million was paid to FE institutions. Of the funds distributed to FE institutions, £453.4 million was general funding, £106.4 million was student support funding, and £18.1 million
7316-546: 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
7440-537: The European Social Fund (ESF), and from claw-back arrangements with fundable bodies. For the period 2014/15, the SFC's £1.71 billion budget was composed of £1.67 billion (97.6%) from the Scottish Government, £22.05 million (1.29%) from HEFCE, £11.64 million (0.68%) from the Department for Business, Innovation and Skills , £6.34 million (0.37%) from claw-back arrangements, and £1.12 million (0.06%) from
7564-538: 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
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#17327877785237688-684: 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
7812-762: 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
7936-619: 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
8060-416: 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
8184-726: 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
8308-410: 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
8432-408: The Post-16 Education (Scotland) Act 2013. The Act makes various provisions regarding the governance, structure, and review of FE and HE institutions. The Act also defines regional strategic bodies , and makes them fundable by the SFC. Before the introduction of this Act, the SFC had only funded FE institutions (colleges) and HE institutions (universities and select colleges). A regional strategic body
8556-448: The SFC can assess the efficiency and efficacy of a fundable body's management and operations, as well as the quality of education provided by such bodies. The assessment duties of the SFC were expanded under the Post-16 Education (Scotland) Act to include the promotion of the participation in education of under-represented socioeconomic classes , and to perform triennial reviews of the participation of those classes. The council's structure
8680-415: The SFC does not act as the charities regulator for colleges and universities. Instead, this role is retained by the Office of the Scottish Charity Regulator (OSCR). OSCR and the SFC operate under a memorandum of understanding . The SFC provides advice to the Scottish Ministers relating to Scotland's HE and FE sectors. Specifically, it provides advice regarding how education is being provided, and regarding
8804-436: The SFC provides funding to the college, and that college then distributes the funds to students. The courses covered are generally at SCQF level 5 ( National 5 or a Modern Apprenticeship ) or level 6 ( Higher or National Certificate ). The funds the SFC provides are used by colleges to provide bursaries, Education Maintenance Allowance , as well as to fund each college's discretionary funds. The Innovation Centres programme
8928-546: The SFC threatened to claw back money from Stow College after it claimed £988 000 in funding for courses that the Auditor General for Scotland deemed to have been ineligible. After reviewing the eligibility of the college's programmes for funding, the SFC clawed back £2.88 million, to be paid over seven years starting November 2009. For example, the 2014-17 outcome agreement for Edinburgh College included targets such as raising non-SFC income from 29% to 35% of
9052-636: The SHEFC was established by commencement order on 1 June 1992, and the SFEFC was established by a further commencement order on 1 January 1999. As part of Scottish devolution under the Scotland Act 1998 , powers, duties, and responsibilities related to the councils and education institutions were, in June 1999, transferred from the Scottish Office to the then- Scottish Executive . In April 2004,
9176-514: The Scottish Executive published a consultation paper requesting comment on a possible merger of the SFEFC and SHEFC. The paper cited concerns about the overlapping remits of the two councils – some FE institutions provided HE courses, but funding was allocated based on institution type and not on courses taught – and made the case that a single council would be able to fund collaboration between institutions to
9300-471: The U.S. Supreme Court held that for the purposes of the case at hand, a corporation is "capable of being treated as a citizen of [the State which created it], as much as a natural person." Ten years later, they reaffirmed the result of Letson, though on the somewhat different theory that "those who use the corporate name, and exercise the faculties conferred by it," should be presumed conclusively to be citizens of
9424-491: 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
9548-565: The US Supreme Court has repeatedly held that certain constitutional rights protect legal persons ( such as corporations and other organizations). Santa Clara County v. Southern Pacific Railroad is sometimes cited for this finding because the court reporter's comments included a statement the Chief Justice made before oral arguments began, telling the attorneys during pre-trial that "the court does not wish to hear argument on
9672-826: 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
9796-589: 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
9920-522: 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
10044-463: 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
10168-603: 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
10292-625: 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
10416-568: 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,
10540-670: The college's total income, raising the number of full-time students on work placements from 1419 to 5000, and raising the proportion of women enrolled in construction and engineering courses from 6.7% to 7.4%. For students in higher education, the Student Awards Agency for Scotland (SAAS) provides tuition fees , bursaries , and loans. "Higher education" covers courses at Scottish Credit and Qualifications Framework (SCQF) level 7 and above, including Higher National Certificates and Higher National Diplomas but excluding Advanced Highers . For students in further education,
10664-450: 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
10788-456: The corporation's State of incorporation. Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by statute, as U.S. jurisdictional statutes specifically address the domicile of corporations. Indian law defines two types of "legal person", the human beings as well as certain non-human entities which are given the same legal judicial personality as human beings. The non-human entities given
10912-459: The deity Rama in the specific temple was a "legal entity" entitled to be represented by their own lawyer appointed by the trustees acting on behalf of the deity. Similarly, in 2018 SC decided that the deity Ayyappan is a "legal person" with " the right to privacy " in the court case regarding the entry of women to Sabarimala shrine of Lord Ayyapan. Under the Indian law, the "shebaitship"
11036-435: The deity and not to the shebait. Case example are "Profulla Chrone Requitte vs Satya Chorone Requitte, AIR 1979 SC 1682 (1686): (1979) 3 SCC 409: (1979) 3 SCR 431. (ii)" and "Shambhu Charan Shukla vs Thakur Ladli Radha Chandra Madan Gopalji Maharaj, AIR 1985 SC 905 (909): (1985) 2 SCC 524: (1985) 3 SCR 372" . India and New Zealand both recognised the legal rights of rivers in 2017. In court cases regarding natural entities,
11160-499: 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
11284-416: The difficulty in balancing the need for such groups to have infrastructure though the monks took vows of personal poverty. Another effect of this was that, as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non- contractual obligations to surrounding communities. This effectively moved such liability to persons acting within
11408-582: 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
11532-560: 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,
11656-479: 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
11780-651: The internal finance matters of the council; and making decisions, with the agreement of the Scottish Government, on remuneration for the council's chair, chief executive, directors, and members. Two of the committees, the Skills and Research & Knowledge Exchange committees, were required to be established under the 2005 Act. Innovation Scotland is a joint initiative between the SFC, Scottish Enterprise , and Highlands and Islands Enterprise to promote entrepreneurship and encourage collaboration between Scottish universities and businesses. The Innovation Scotland Forum
11904-502: 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
12028-535: 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. Body corporate There are therefore two kinds of legal entities: human and non-human. In law,
12152-532: 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
12276-459: 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
12400-734: 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
12524-532: 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
12648-695: 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
12772-405: The organization while protecting the structure itself, since persons were considered to have a soul and therefore capable of negligence and able to be excommunicated . In the common law tradition, only a person could possess legal rights. To allow them to function, the legal personality of a corporation was established to include five legal rights—the right to a common treasury or chest (including
12896-459: 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
13020-560: 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
13144-441: The priorities and recommendations of the Scottish Ministers with regard to Scottish colleges and universities. Under schedule 1 of the 2005 Act, the SFC was transferred all staff, property, and liabilities of the SFEFC and SHEFC, effectively merging the two councils. This schedule explicitly did not grant the SFC status as a Crown servant or agency , but some resources published by the SFC are still covered by Crown copyright and
13268-479: The proceedings of council, instead allowing the council to regulate its own proceedings. The council does this through a set of standing orders , a code of conduct , and a written scheme of delegation – a document outlining how and to whom the council delegates its authority. Under the council there are six committees, each tasked with advising on and overseeing various areas of the council's operation. The various committees oversee areas such as improving knowledge of
13392-466: 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
13516-485: The provision of related facilities and services by those colleges. Effective 1 April 2014, the Office for National Statistics (ONS) reclassified Scotland's further education colleges to the public sector . The effects of this change were that funds held by the college would now count as the Scottish Government's funds, and that college spending from its reserves would count towards annual budget limits. It also meant that
13640-612: The question whether the provision in the Fourteenth Amendment to the Constitution , which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does." Later opinions interpreted these pre-argument comments as part of the legal decision. As a result, because of the First Amendment , Congress may not make
13764-460: 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
13888-587: 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,
14012-403: The research undertaken at HE and FE institutions funded by the SFC. The council is also afforded the right to directly advise and address fundable bodies regarding their SFC-provided funding. Internally, the SFC is advised by its committees and advisory groups . The SFC is permitted to perform a number of assessments and studies on issues relating to its funding of bodies. Under the 2005 Act,
14136-506: The right to own property), the right to a corporate seal (i.e., the right to make and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to make by-laws (self-governance). Since the 19th century, legal personhood has been further construed to make it a citizen, resident, or domiciliary of a state (usually for purposes of personal jurisdiction ). In Louisville, C. & C.R. Co. v. Letson , 2 How. 497, 558, 11 L.Ed. 353 (1844),
14260-440: The schedules are given below. Some amendments to the list of fundable bodies have caused a single body to appear in multiple categories. The bodies listed here were added by one of: Other orders designating fundable bodies exist, but the bodies designated therein were removed by later orders or Acts. The SFC itself is primarily funded by the Scottish Government, but its budget also receives minor contributions from HM Government,
14384-419: The shareholders are not responsible for the company's debts but the company itself being a "legal person" is liable to repay those debts or be sued for the non-repayment of debts. In court cases regarding animals, the animals have the status of "legal person" and humans have the legal duty to act as " loco parentis " towards animals welfare like a parent has towards the minor children. A court while deciding
14508-484: The skills required by the Scottish economy in partnership with Skills Development Scotland ; supporting research and knowledge exchange by HE and FE institutions; reporting on and promoting equality , diversity, and participation in education; monitoring the financial performance of the HE and FE sectors, and monitoring the council's internal risk management , corporate governance , and auditing; monitoring and reporting on
14632-460: The specified limits and those limits must be halved when animals have to carry the load up a slope. In court cases regarding religious entities, the deity (deity or god is a supernatural being considered divine or sacred) is also a "legal person" who can engage in legal cases through " trustees " or " managing board in charge of the temple" . Supreme Court of India (SC), while deciding Ayodhya case of Ram Janmabhoomi , decided in 2010 that
14756-697: The two separate funding councils, the Scottish Further Education Funding Council (SFEFC) and the Scottish Higher Education Funding Council (SHEFC), which were established by the Further and Higher Education (Scotland) Act 1992 . On its formation, the SFC acquired all employees and assets of those councils. The SFEFC and SHEFC were defined by the Further and Higher Education (Scotland) Act 1992. The Act made further education (FE) institutions independent from local authorities ,
14880-399: 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
15004-481: Was brought into force on 3 October 2005, and the SFEFC and SHEFC were dissolved on 8 September 2005. The SFC was established as a non-departmental public body, meaning it operates with partial autonomy from the Scottish Ministers and may act in an advisory role. The council typically receives a letter of guidance from the Cabinet Secretary for Education and Lifelong Learning each year. These letters detail
15128-555: Was classified as "capital and major works" funding. The remainder of its budget was put towards costs associated with the operation of the SFC. Scottish Gaelic 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
15252-491: 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
15376-510: 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
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