Part IX General and supplemental

Chapter I General

I1113 Default powers of appropriate Minister.

1

The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that the Commission or the English Council—

a

has without reasonable excuse failed to discharge any of its functions; or

b

in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by him under section 6(2) or 54(4) in relation to those functions.

2

The powers conferred by this section are exercisable by the Assembly if it is satisfied that the Welsh Council—

a

has without reasonable excuse failed to discharge any of its functions; or

b

in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by the Assembly under section 54(4) in relation to those functions.

3

The appropriate Minister may—

a

make an order declaring the authority in question to be in default; and

b

direct the authority to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

4

If the authority fails to comply with the appropriate Minister’s direction under subsection (3), the appropriate Minister may—

a

discharge the functions to which the direction relates himself; or

b

make arrangements for any other person to discharge those functions on his behalf.