# Public Bodies (Joint Working) (Scotland) Act 2014, Section 38: Requirement to prepare replacement strategic plan


(1) This section applies where the integration authority in relation to the area of a local authority is an integration joint board.
(2) If it appears to a constituent authority that the strategic plan is preventing, or is likely to prevent, the constituent authority from carrying out any of its functions appropriately or in a way which complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, the constituent authorities acting jointly may direct the integration authority to prepare a replacement strategic plan.
(3) A direction under subsection (2) must—
(a) be in writing,
(b) include a statement summarising the reasons for giving it.
(4) A direction under subsection (2) must specify—
(a) a day by which the replacement strategic plan must be prepared, and
(b) a day on which the period of the plan is to begin.
(5) The constituent authorities acting jointly may by direction substitute a different day for a day specified under subsection (4).
(6) An integration authority must comply with a direction given to it under subsection (2).
(7) Sections 30, 33, 34 and 35 apply in relation to a strategic plan prepared by virtue of subsection (2) as those sections apply in relation to a strategic plan prepared by virtue of section 29.

---
Source: https://www.legislation.gov.uk/asp/2014/9/section/38 (the official version)
Page: https://openlegislation.uk/public-bodies-joint-working-scotland-act-2014/section-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

