Section 23 Variation or revocation of quality contract schemes
44.This section makes provision for the variation or revocation of a QC scheme. The Scottish Ministers must approve such variations or revocations. A QC scheme may be varied by increasing or decreasing the area covered, increasing or decreasing the level of specified services, postponing the any date specified in the scheme as a date on which the scheme shall come into operation, or providing for new exclusions or variations or revocations of existing exclusions.
45.A QC scheme may not be varied by increasing the area covered or by increasing the level of specified services to be provided unless the both of the conditions in section 13(1) are met with regard to the scheme as varied. An authority may revoke a scheme where either of the conditions in section 13(1) is no longer met or the authority is making a QC scheme covering that area.
46.Where the Scottish Ministers do approve a variation or revocation, the procedure set out in section 17 (making of a QC scheme) applies to that variation or revocation, subject to any modifications of that procedure made by the Scottish Ministers by regulations. The section also provides powers for the Scottish Ministers to make regulations allowing them to revoke a scheme after it has been made but before it comes into operation in circumstances set out in the regulations (for example, an unexpected collapse of the tender process).
