(1) The Scottish Ministers may (in accordance with paragraph 17) make, or alter, a scheme if—
(a) they have given a planning authority a direction under paragraph 6, and
(b) they are satisfied that the planning authority are not fulfilling the duty arising from that direction within a reasonable period.
(2) In order to satisfy themselves of the matter mentioned in sub-paragraph (1)(b), the Scottish Ministers must cause a local inquiry or other hearing to be held by a person appointed by them.
(1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2) apply to the making, or alteration, of a scheme by the Scottish Ministers under paragraph 16—
(a) as they apply to the making or (as the case may be) alteration of a scheme by a planning authority, but
(b) subject to the modifications set out in sub-paragraphs (3) to (6).
(2) The enactments referred to in sub-paragraph (1) are—
(a) Part 3, and
(b) any regulations made under—
(i) Part 3, or
(ii) paragraph 22.
(3) References to a planning authority are to be read as references to the Scottish Ministers.
(4) References to a planning authority's district are to the district in which the area to which the scheme relates lies (or would lie were the scheme or alteration in question made).
(5) References to a committee of a planning authority are to—
(a) the Scottish Ministers, or
(b) a person appointed by the Scottish Ministers to discharge the function in question on their behalf.
(6) Requirements to—
(a) consult, and
(b) send things to,
the Scottish Ministers do not apply.
(1) Having incurred costs in complying with an enactment mentioned in paragraph 17(2) in connection with making or altering a scheme under paragraph 16, the Scottish Ministers may require the relevant planning authority to pay them―
(a) an amount equal to the costs they incurred, or
(b) such lesser amount as they consider appropriate.
(2) In sub-paragraph (1) “the relevant planning authority” is the authority in whose district the area to which the scheme relates lies (or would have lain had it been made).
