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.