PART 3SOCIAL CARE WALES

Default powers of the Welsh Ministers

78Default powers of the Welsh Ministers

1

The powers conferred by this section are exercisable by the Welsh Ministers if they are satisfied that SCW

a

has without reasonable excuse failed to discharge any of its functions, or

b

in discharging any of its functions, has without reasonable excuse failed to comply with any directions given by the Welsh Ministers under section 77 in relation to those functions.

2

The Welsh Ministers may—

a

publish a statement declaring SCW to be in default, and

b

direct SCW to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

3

If SCW fails to comply with a direction given under subsection (2)(b), the Welsh Ministers may—

a

discharge the functions to which the direction relates themselves, or

b

make arrangements for any other person to discharge those functions on their behalf.

4

A direction under subsection (2)(b)—

a

must be in writing;

b

may be varied or revoked by a subsequent direction.