Public Services Reform (Scotland) Act 2010

92 Default powers of Scottish Ministers

(1) If the Scottish Ministers (having received a report under section 91 or otherwise) are satisfied that a local authority providing a care service registered under this Chapter is, 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) in respect of the matter.

(2) The action is—

(a) to declare the authority to be in default, and

(b) to direct the authority 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 fails to comply with a direction under subsection (2)—

(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 Scottish Ministers, order specific performance of those steps.

(4) All expenses of the Scottish Ministers under subsection (3) are recoverable as a debt due by the authority to them.