Care Standards Bill [H.L.] - continued        House of Lords

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  PART VIII
  GENERAL AND SUPPLEMENTAL
  CHAPTER I
  GENERAL
Default powers of appropriate Minister.     91. - (1) The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that the Commission or the English Council-
 
 
    (a) has without reasonable excuse failed to discharge any of its functions; or
 
    (b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by him under section 6(2) or 50(4) in relation to those functions.
      (2) The powers conferred by this section are exercisable by the Assembly if it is satisfied that the Welsh Council-
 
 
    (a) has without reasonable excuse failed to discharge any of its functions; or
 
    (b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by the Assembly under section 50(4) in relation to those functions.
      (3) The appropriate Minister may-
 
 
    (a) make an order declaring the authority in question to be in default; and
 
    (b) direct the authority to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.
      (4) If the authority fails to comply with the appropriate Minister's direction under subsection (3), the appropriate Minister may-
 
 
    (a) discharge the functions to which the direction relates himself; or
 
    (b) make arrangements for any other person to discharge those functions on his behalf.
Minor and consequential amendments.     92. Schedule 3 (which makes minor amendments and amendments consequential on the provisions of this Act) shall have effect.
 
Transitional provisions, savings and repeals.     93. - (1) Schedule 4 (which makes transitional and saving provision) shall have effect; but nothing in that Schedule shall be taken to prejudice the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
 
      (2) The enactments mentioned in Schedule 5 to this Act are repealed to the extent specified in that Schedule.
 
 
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