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(1)After receiving a report under section 30, the Scottish Ministers may give a direction to a local authority requiring it to take such steps as are specified in the direction if the Scottish Ministers consider that—
(a)the scheme’s objectives are not being achieved, and are not likely to be achieved within a reasonable period,
(b)the local authority has failed to discharge any duty imposed on it under or by virtue of this Part,
(c)the actions, or proposed actions, of the local authority in purported compliance with provision made under or by virtue of this Part are inappropriate in all the circumstances of the case, or
(d)developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of the provision made under or by virtue of this Part.
(2)A direction under subsection (1) must—
(a)be in writing,
(b)be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is given.
(3)The Scottish Ministers may amend or revoke a direction given under subsection (1).
(4)Subsection (2) applies to the amendment or revocation of a direction under subsection (1) as it applies to the direction.
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Text created by the Scottish Government 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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