Gaeltacht Act 2012
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Gaeltacht Language Planning Areas. |
7.— (1) An area that was, before the commencement of this section, determined by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956 to be a Gaeltacht area shall, notwithstanding the repeal of that section by section 5 (1), continue to be a Gaeltacht area. | |
(2) The Minister may, by order, designate, by reference to electoral divisions, a specified area comprised of— | ||
(a) a Gaeltacht area, | ||
(b) a part of a Gaeltacht area, | ||
(c) more than one Gaeltacht area, | ||
(d) parts of more than one Gaeltacht area, or | ||
(e) an area, or part of an area, the subject of an order under subsections (5), (10)(b) or (13)(b), | ||
to be a Gaeltacht Language Planning Area in accordance with this section. | ||
(3) The Minister shall publish, in such form and manner as the Minister considers appropriate, notice of the Minister’s intention to designate an area by order under subsection (2), and shall include in the notice— | ||
(a) particulars of one or more than one electoral division or part of an electoral division which is or are included in the Gaeltacht area concerned and which the Minister intends to designate by order made under subsection (2), | ||
(b) the period within which applications under subsection (4) may be made, | ||
(c) the period within which a plan referred to in subsection (7) is to be prepared and submitted to the Minister, | ||
(d) any other information that the Minister considers necessary for the purposes of this section. | ||
(4) An organisation based in or adjacent to one of the Gaeltacht areas concerned may apply to Údarás na Gaeltachta to be an organisation selected under subsection (6). | ||
(5) Where no organisation applies under subsection (4), the Minister may make an order declaring that the area concerned, the subject of a notice under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area. | ||
(6) Údarás na Gaeltachta shall select, in relation to an area the subject of a notice under subsection (3), an organisation that has applied under subsection (4) and that, in the opinion of Údarás na Gaeltachta, is the organisation that is the most capable of preparing a plan the purpose of which is to provide for and encourage the increased use of the Irish language in the family, educational, public, social, recreational and commercial life of the area concerned (in this section referred to as an “Irish language plan”), in accordance with prescribed language planning criteria, and when it has done so, it shall notify that organisation in writing of the selection. | ||
(7) The organisation concerned shall prepare an Irish language plan in respect of the area concerned and shall, within the period specified in the notice published under subsection (3), submit the plan to the Minister for approval. | ||
(8) Údarás na Gaeltachta shall assist the organisation concerned in respect of the preparation of the Irish language plan concerned. | ||
(9) The Minister may, where the Minister considers it appropriate to do so, extend the period specified in the notice published under subsection (3), within which the Irish language plan concerned shall be submitted. | ||
(10) Where the organisation selected under subsection (6) does not submit the Irish language plan concerned to the Minister within the period specified in the notice published under subsection (3), or any extension of that period under subsection (9), and the Minister is of the opinion that there is no reasonable prospect that the organisation can submit such a plan within a reasonable time, the Minister may— | ||
(a) request Údarás na Gaeltachta to select another organisation that made an application under subsection (4) to prepare and submit the Irish language plan concerned during the period specified by the Minister in the notice published under subsection (3) or any extension of that period under subsection (9), or | ||
(b) if no such organisation has applied to prepare that Irish language plan, by order declare that the area concerned, the subject of a notice published under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area. | ||
(11) Where the Minister, having regard to prescribed language planning criteria, approves of the Irish language plan submitted to him or her, the Minister shall make an order under subsection (2) in relation to the area concerned. | ||
(12) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, the Minister may specify a period within which the organisation concerned shall amend and re-submit the Irish language plan. | ||
(13) Where the Minister, having regard to prescribed language planning criteria, does not approve of an Irish language plan submitted to him or her, and the Minister is of the opinion that there is no reasonable prospect that the organisation concerned can submit a plan which meets the requirements of subsection (6), within a reasonable time, the Minister may— | ||
(a) request Údarás na Gaeltachta to select another organisation that has applied for selection under subsection (4) to prepare and submit the Irish language plan concerned during the period specified in the notice published under subsection (3) or any extension of the period under subsection (9), or | ||
(b) if no such organisation has applied to prepare that Irish language plan, by order declare that the area concerned, the subject of a notice published under subsection (3), is no longer a Gaeltacht area and the date after which it shall not be a Gaeltacht area. | ||
(14) Where the Minister extends a period under subsection (9) or (12), the provisions of this section apply, with the necessary modifications, to the extended period. | ||
(15) Where an organisation is selected by Údarás na Gaeltachta following a request to it under sub section 10 (a) or (13)(a), the provisions of this section apply, with the necessary modifications, in relation to that organisation. | ||
(16) An order under subsection (5), (10)(b) or (13)(b) shall not prevent the Minister from exercising his or her powers under this section. |