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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In carrying out their functions, relevant authorities shall have regard to the document prepared under section 40(1).
(2)Subsections (3) and (4) apply where the Scottish Ministers consider that a relevant authority is failing, or is likely to fail, to act in accordance with the document prepared under section 40(1).
(3)The Scottish Ministers may cause an inquiry to be held into the matter.
(4)Subject to subsection (5), the Scottish Ministers may, for the purpose of securing that the authority acts in accordance with the document, by order require the authority—
(a)to take; or
(b)to refrain from taking,
such action as is specified in the order.
(5)The Scottish Ministers may make an order under subsection (4) only where they consider that it would promote—
(b)the efficiency and effectiveness of the authority; or
(c)efficiency and effectiveness in connection with the matters in relation to which relevant authorities have functions.
(6)Before making an order under subsection (4), the Scottish Ministers shall consult the authority in respect of which it is proposed to be made.
(7)Where the document prepared under subsection (1) of section 40 has been revised under subsection (2)(b) of that section, the references in this section and section 42 to that document shall be taken to refer to that document as revised.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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