PART 2LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.
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.