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Children and Young People (Scotland) Act 2014

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This is the original version (as it was originally enacted).

17Children’s services planning: default powers of Scottish Ministers

This section has no associated Explanatory Notes

(1)This section applies where the Scottish Ministers consider that a local authority and the relevant health board—

(a)are not exercising a function conferred on them by this Part (other than the function of complying with section 12), or

(b)are in exercising such a function not complying with section 15(1).

(2)The Scottish Ministers may direct that the function—

(a)is to be exercised in a particular way, or

(b)is to be exercised instead by such of the persons mentioned in subsection (3) as the Scottish Ministers consider appropriate.

(3)Those persons are—

(a)the local authority,

(b)the relevant health board,

(c)another local authority or health board.

(4)A direction under subsection (2)(b) may include such provision as the Scottish Ministers consider appropriate as to the making by a person who is not to be exercising the function of payment to a person who is to exercise the function by virtue of the direction.

(5)Before issuing, revising or revoking a direction under subsection (2) the Scottish Ministers must consult—

(a)the local authority and relevant health board whose failure is to be, or is, the subject of the direction, and

(b)such other persons as they consider appropriate.

(6)The persons to whom a direction under subsection (2) is addressed must comply with the direction.

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