Part III S Administration and Finance

Central administration S

[F1 66CPreliminary notice S

(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.]

Textual Amendments

F1 Ss. 66B-66D inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 1, 9(2); S.S.I. 2005/10, art. 3(a)