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.