http://www.legislation.gov.uk/asp/2001/8/section/42/2002-04-01Regulation of Care (Scotland) Act 2001An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate a power to make certain grants and loans for social work; to make further provision as respects payments by local authorities towards maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision as respects persons who have been looked after by local authorities; to amend the definition of “place of safety" in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curators ad litem, reporting officers and safeguarders; and for connected purposes.2001-07-13texttext/xmlenStatute Law Database2026-01-082002-04-01 PART 2 421If the Scottish Ministers (having received a report under section 41 of this Act or otherwise) are satisfied that a local authority providing a care service registered under this Part are, without reasonable excuse—afailing to comply with an improvement notice; orbcarrying on the service other than in accordance with the relevant requirements,they may take the action mentioned in subsection (2) below in respect of the matter.2The action is—ato make an order declaring the authority to be in default; andbto take such steps to remedy the matter as may be specified in the direction within such reasonable period as may be so specified.3If the authority fail to comply with a direction under subsection (2) above—athe Scottish Ministers may—itake the steps specified in the direction themselves; oriimake arrangements for any other person to take those steps on their behalf; orbthe Court of Session may, on the application of the Lord Advocate, order specific performance of those steps.4All expenses of the Scottish Ministers under subsection (3) above shall be recoverable as a debt due by the authority to them.S. 42 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)