Scots is sometimes assumed to be a dialect of English rather than a language with its own legal recognition, and sometimes confused with Scottish Gaelic, a separate Celtic language with its own distinct statutory framework. Both assumptions miss what the actual recognition of Scots looks like.
Charter recognition, but at a lighter level
The European Charter for Regional or Minority Languages was adopted by the Council of Europe in 1992 to protect historical, regional and minority languages. The UK government signed it in 2000 and ratified it in 2001 in respect of Welsh in Wales, Gaelic in Scotland, Scots in Scotland and Northern Ireland, and Irish in Northern Ireland. The key detail is that Scots was ratified only under Part II of the Charter, which is a general statement of objectives and principles rather than a set of binding, specific commitments. Part III, which sets out concrete measures to actively promote a language’s use, was applied to Welsh, Gaelic and Irish, but not to Scots. In practice, this means Scots has formal Charter recognition as a language in its own right, but without the same enforceable promotional obligations that apply to Gaelic.
Why this differs from Scottish Gaelic
Scottish Gaelic sits under its own dedicated legislation, the Gaelic Language (Scotland) Act 2005, which established Bòrd na Gàidhlig and created a statutory framework for Gaelic language plans across public bodies. Scots has no equivalent dedicated Act; its position rests on the lighter Part II Charter ratification and on Scottish Government policy commitments made administratively rather than through primary legislation specific to the language. Advocates for Scots have continued to push for the UK government to extend Part III recognition to Scots, matching the stronger protection already given to Gaelic, Welsh and Irish, but that upgrade has not been made.
What the Scottish Government has actually committed to
Scottish Government policy on Scots sets out practical commitments that operate independently of the Charter’s minimum requirements. These include promoting Scots through Curriculum for Excellence, with practitioners expected to build on the language diversity already present in Scotland’s communities, and maintaining a network of Scots coordinators within Education Scotland to support how the policy is implemented in schools. Education Scotland has also committed to accepting and valuing any form of communication in Scots and to introducing trilingual signage, alongside English and Gaelic, as its own corporate materials are renewed.
Where an adult learner starts
Because Scots does not have the same centralised adult-qualification infrastructure as Gaelic, most adult engagement with the language happens through community, literary and cultural routes rather than a single national curriculum for adult learners. The Scottish Government’s own policy commitment extends to ensuring its Adult Learning Statement of Ambition takes account of Scots language and culture, which signals intent rather than a specific qualification pathway of the kind that exists for Gaelic or Welsh.
Common questions
Is Scots the same as Ulster Scots? No, though they are closely related. The Charter ratification covers Scots “in Scotland and Northern Ireland” and Ulster Scots is generally treated as the variety spoken in parts of Northern Ireland, with its own separate cultural and institutional structures there rather than being administered through the Scottish Government’s Scots language policy.
Does Part II recognition give Scots any legal protection at all? Yes, but it is principle-based rather than a set of specific enforceable duties. Part II commits the government to general objectives, such as respecting the language and facilitating its use, without the concrete promotional measures, such as guaranteed education provision, that Part III requires for Gaelic, Welsh and Irish.
Could Scots eventually get Part III recognition? That would require a UK government decision to extend its Charter commitments; campaigners have continued to call for this, but as of the most recent Scottish Government policy statement, Scots remains at Part II only.
Do Scottish schools have to teach Scots? There is no separate statutory duty to teach Scots equivalent to the Gaelic Language (Scotland) Act 2005; Scottish Government policy instead works through Curriculum for Excellence, expecting teachers to draw on the language diversity of their own communities rather than following a mandated Scots syllabus.
The bottom line
Scots has genuine, formal recognition as a language under the European Charter for Regional or Minority Languages, ratified by the UK government in 2001, but only at the lighter Part II level of general principles rather than the Part III level of binding promotional measures applied to Gaelic, Welsh and Irish. The Scottish Government has made its own administrative commitments to Scots in education and public life, run separately from any Charter obligation and separately from the dedicated statutory framework that exists for Gaelic under the 2005 Act. Anyone comparing the two languages’ institutional support should treat this Part II versus Part III distinction as the core legal difference, not an assumption that both languages are protected identically.
Sources
- Scottish Government, “Scots language policy” (gov.scot)
- Scots Language Centre, “The European Charter” (scotslanguage.com)