[78A Powers in case of service failure]

[78A  Powers in case of service failure]

[(1)     This section applies where—

(a)     it is a function of a body or person under or by virtue of this Act[, or under or by virtue of the 2021 Act,] to provide, or secure the provision of, a service, and

(b)     the Scottish Ministers consider that the body or person has failed, is failing or is likely to fail—

(i)     to provide the service, or

(ii)     to provide it to a standard which they regard as acceptable.

(2)     The Scottish Ministers may, where they consider it necessary for the

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