Part III Administration and Finance

Central administration

66CF1Preliminary notice

1

Where, on a reference under section 66B(2) of this Act, it appears to the Scottish Ministers that—

a

the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter mentioned in section 66B(2)(a) of this Act; and

b

an enforcement direction is justified,

they may serve a preliminary notice on the relevant person.

2

A preliminary notice is a notice which—

a

informs the relevant person of the apparent failure mentioned in subsection (1)(a) above; and

b

requires the relevant person to submit to the Scottish Ministers, within such time as is specified in the notice, a written response which—

i

states that the person has not so failed and gives reasons supporting that statement; or

ii

states that the person has so failed but gives reasons why an enforcement direction should not be given to that person.