PART 3Children's services planning

I117Children's services planning: default powers of Scottish Ministers

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.