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Section 56 Preliminary notice of enforcement actionI1I2

Scotland

(1)

The Scottish Ministers may give a preliminary notice to a relevant person where, on a referral under section 55, 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 or exercise of the function in question, and

(b)

having regard to the seriousness of the failure, an enforcement direction is justified.

(2)

A preliminary notice is a notice which—

(a)

informs the relevant person of the failure mentioned in subsection (1)(a), and

(b)

requires the relevant person to submit to the Scottish Ministers, within such period 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 (if there are any such reasons) why an enforcement direction should not be given to the person.

Annotations

Commencement

I1

S. 56 not in force at Royal Assent, see s. 66(2)

I2

S. 56 in force at 1.3.2026 by S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2