F1 Part 2 Development Plans
Supplementary provisions
23BDefault powers of the Scottish Ministers
1
This section applies where—
a
b
the Scottish Ministers are satisfied that the authority in question—
i
are not, within a reasonable period, doing what is required, or
ii
have not met a time limit specified in any of those provisions for doing what is required (or some part of what is required).
2
Where this section applies, the Scottish Ministers may—
a
direct the authority in question (the “defaulting authority”) to carry out that authority's functions in relation to the matter and may specify in the direction the factors to be taken into account or objectives to be achieved by that authority in so doing, or
b
prepare a F4... local development plan.
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The previous sections of this Part apply, so far as applicable and with any necessary modifications, in relation to the doing of anything—
a
under subsection (2)(b) by the Scottish Ministers, or
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as they apply in relation to the doing of anything by the defaulting authority.
5
The defaulting authority—
a
must on demand repay to the Scottish Ministers so much of any expenses incurred by the Scottish Ministers in connection with the doing of anything which should have been done by the defaulting authority as the Scottish Ministers certify to have been incurred in the performance of the defaulting authority's functions, and
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.