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The Local Government in Scotland Act 2003
Power to Advance Well-Being Guidance
CHAPTER 5: POWER OF INTERVENTION
Power of Intervention
5.1 Section 26 makes provision for the Scottish Ministers to intervene when the powers and obligations provided in the Act are abused or ignored. This power allows the Scottish Ministers to intervene after assessing the validity of concerns that the action taken (or proposed) under the power to advance well-being would result in one or more of the following:
- A significant risk to the wider public interest or to public funds
- A serious misuse of the power of well-being;
- A clear and serious failure to have regard to statutory guidance; and/or
- Unreasonable duplication of the roles or functions of other bodies without their agreement.
5.2 Local authorities have the right to make representations to the Scottish Ministers in response to any such intervention.
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