Commentary on Sections Part 3 – Children’s Services Planning Section 17 – Children’s services plan: default powers of Scottish Ministers
46.This section applies where the Scottish Ministers consider that local authorities and relevant health boards are either not carrying out one of their functions conferred on them by this Part (other than the function of complying with section 12) or, in carrying out such a function, are not complying with their duty to have regard to guidance issued under section 15(1).
47.Subsection (2) provides a power for the Scottish Ministers to issue directions stating that the function is to be carried out in a particular way or that the function is to be carried out instead by such of the persons mentioned in subsection (3) as the Scottish Ministers consider appropriate.
48.Subsection (3) explains that persons referred to in subsection (2)(b) are the local authority, the relevant health board or another local authority or health board. Subsection (4) states that a direction under subsection (2)(b) may include such provision as the Scottish Ministers consider appropriate as to the making by a local authority or relevant health board in an area, which is not to be carrying out the function, of payment to a person who is to carry out the function by virtue of the direction.
49.Subsection (5) states that before issuing, revising or revoking a direction under subsection (2) the Scottish Ministers must consult with the local authority and relevant health board whose failure is to be, or is, the subject of the direction, and such other persons as they consider appropriate.
50.Subsection (6) requires that any direction given under subsection (2) must be complied with by the person to whom it is addressed.