 Detail of the Bill Specific duties on the Scottish Ministers The Scottish Ministers will, collectively, have a number of duties under the Bill. They will be responsible for promoting the use of BSL, principally through the preparation and publication of a national plan, which is to be published near the beginning of each session of the Parliament. They must consult on that plan prior to its finalisation. Consultation will encompass those bodies and persons who use BSL or represent those who do and any other person or group directly affected by the national plan, whether they are deaf, deafblind or hearing. The Scottish Ministers will also be responsible for preparing and publishing a British Sign Language Performance Review and laying it before the Parliament near the end of each session. The Scottish Ministers will also be required to designate a Minister with lead responsibility for BSL. It is envisaged that this duty will be added to the portfolio of an existing Minister rather than necessitate the creation of an additional post. The Bill does not specify a timeframe for the appointment. Duties on Listed Authorities Definition of Listed Authorities The provisions of the Bill will impact on a range of Scottish public authorities which are listed in Schedule 2 to the Bill. These bodies have been carefully selected and represent the public facing, service-orientated bodies in the key sectors of education, local government, health, justice and policing. Private and voluntary sector organisations are not affected. Factors which were taken into account in the selection of bodies listed in the schedule where they extend to which the bodies have a customer facing role and the size of the organisation. It was felt that smaller bodies at this point should not have this extra duty placed on them but may be added at a later date if Ministers choose. Stakeholders' views were also gathered on which bodies should be included in the schedule. The Bill provides that Ministers may modify the schedule by adding or removing public bodies on modifying an existing entry to reflect change of title, for example. Such modifications of the schedule would be subject to the affirmative procedure which means that an instrument detailing the change would have to be approved by the Parliament. Listed authorities will have a responsibility to prepare and publish an authority plan and in preparing that plan must try to achieve consistency with the national plan. Such plans will set out any measures which the listed authority proposes to take in relation to the use of BSL in respect of that authority's functions and place time scales on their achievement. Listed authorities will be obliged to consult on a draft plan prior to its finalisation, a consultation which is expected to encompass those who use BSL and those who represent such users regardless of hearing status. Subsequent authority plans will also provide a progress report on the measures contained in previous plans. Through the review element of these plans, listed authorities will update the Scottish Government on progress in order for this to be reported within the Government's performance review. In formulating their plans, listed authorities are to try to achieve consistency with the most recently published national plan and are to have regard to the extent to which the authority's functions are exercisable using BSL, the potential for developing the use of BSL in connection with those functions, any representations made to the authority in relation to the use of BSL in that connection, any comments on the existing plan within the most recent performance review, any guidance issued by the Scottish Ministers. Under the bill, listed authorities will be able to revise plans at any time in order to take account of any changes in their responsibilities. The plans and time scales. The bill stipulates a regular, predictable cycle for the production of the national plan, the authority plans and the performance review. The cycle is based on parliamentary sessions reflecting the fact that the Scottish Ministers have a central role in the process, including in monitoring the action taken by listed authorities and are accountable to the Parliament for their responsibilities under the bill. The process is described in the paragraphs that follow. The bill places a duty on the Scottish Ministers to produce and publish a national plan which will set out a framework for action on BSL. The plans will be updated at regular defined intervals. Following the publication of these national plans, listed authorities will be required to produce their own plans, setting out action in relation to BSL, in doing so seeking to achieve consistency with the national plan and having regard to any relevant guidance issued by the Scottish Ministers. These plans will be reviewed and reported on in the form of a performance review produced by the Scottish Government and led before the Parliament to enable MSPs and observers to scrutinise progress with the production of plans. The performance review will also inform the next cycle of plans and reports. The following flowchart illustrates the cycle of the production of BSL plans required by the bill. First session following passage of the bill, i.e. session 5, 2016 to 2020. Scottish Ministers, Government, to prepare and publish a first national plan no later than 12 months after the commencement of the session. Listed authorities to publish authority plans no later than 12 months after the publication of the first national plan. Lead Minister, the Scottish Ministers, to prepare and publish a first performance review no later than 12 months before the expected end of the parliamentary session i.e. no later than April 2019. Scottish Ministers, Government, to produce updated national plan no later than 6 months after the start of the session. The plan will take account of issues identified in the previous performance review. Listed authorities to produce updated authority plans no later than 6 months after the publication of the updated national plan taking account of issues identified in the previous performance review. Lead Minister, the Scottish Ministers, to prepare and publish a new performance review no later than 6 months before the expected end of the parliamentary session. The cycle allows for a more generous period 12 months after the commencement of the session in which the national plan may be produced for the first time. Subsequent national plans will be produced within shorter time scales no later than 6 months from the start of the session. Since the plans will essentially be updates of existing plans informer the performance review which will be produced by the Scottish Ministers towards the end of the preceding session. Likewise, the timetable for the production of listed authorities authority plans will differ in the first session when plans are to be produced no later than 12 months after the publication of the first national plan and subsequent sessions when plans are to be published no later than 6 months after the new national plan for that session is published. An allowance is made in the bill for unforeseen exception of circumstances such as an extraordinary general election being held. In any circumstance involving the early dissolution of the parliament the requirements in the Scottish government to produce a national plan and on listed authorities to produce new authority plans to the normal time scale set out in the bill are revised if they have not already been fulfilled. The performance review will be informed by reports made to the Scottish Ministers by listed authorities within the review section of their authority plans. It will provide updates on progress against the national plan and authority plans and include examples of best practice and any examples of poor performance. In the first session the Scottish Ministers are to publish the performance review no later than 12 months before the expected end of the parliamentary session. In subsequent sessions the performance review is to be published no later than 6 months before the end of the session. The early reporting deadline for the first performance review reflects a greater priority on taking stock of progress at an earlier point in the session thus allowing the Scottish Ministers more time to adjust their approach in their next national plan. In subsequent sessions the deadline is later as the priority shifts to ensuring that the performance review covers a larger proportion of the session. There will be no statutory sanctions for non-compliance with the legislation. The performance review will provide a basis for the parliament to hold the Scottish Ministers to account and for Ministers to hold listed authorities to account. The risk of being named and shamed for poor performance should act as a significant incentive for listed authorities.