42Default powers of Scottish Ministers(1)

If 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—

(a)

failing to comply with an improvement notice; or

(b)

carrying 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.

(2)

The action is—

(a)

to make an order declaring the authority to be in default; and

(b)

to take such steps to remedy the matter as may be specified in the direction within such reasonable period as may be so specified.

(3)

If the authority fail to comply with a direction under subsection (2) above—

(a)

the Scottish Ministers may—

(i)

take the steps specified in the direction themselves; or

(ii)

make arrangements for any other person to take those steps on their behalf; or

(b)

the Court of Session may, on the application of the Lord Advocate, order specific performance of those steps.

(4)

All expenses of the Scottish Ministers under subsection (3) above shall be recoverable as a debt due by the authority to them.