Commentary on Sections Call-in by the Scottish Ministers Section 17 – Grounds for call-in etc.
59.Section 17(2) prescribes the grounds on which the Scottish Ministers may call-in an authority’s decision to implement a closure proposal.
60.Section 17(2)(a) and (b) set out the grounds for Ministerial call-in. These are where it appears to the Scottish Ministers that the authority may have failed: in a significant regard to comply with the requirements set out in the Act insofar as they are relevant to the closure proposal; or to take proper account of a material consideration relevant to its decision to implement the proposal. The focus is on deficiencies, flaws or failures in the consultation and/or decision-making process and procedures.