Search Legislation

National Health Service Reform (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

Powers of intervention

6Powers of intervention in case of service failure

After section 78 of the 1978 Act insert—

78APowers 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 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 purpose of ensuring the provision of the service in question to a standard which they regard as acceptable, direct that specified functions of the body or person under or by virtue of this Act be performed, for a specified period and to a specified extent, by—

(a)a body falling within subsection (4), or

(b)one or more persons falling within subsection (5).

(3)In subsection (2), “specified” means specified in the direction.

(4)A body falls within this subsection if it is—

(a)a Health Board,

(b)a Special Health Board, or

(c)the Agency.

(5)A person falls within this subsection if the person is—

(a)an employee of a Health Board, a Special Health Board or the Agency,

(b)a member of the staff of the Scottish Administration, or

(c)an employee of a local authority.

(6)A body or person appointed by a direction given under subsection (2) to perform functions of a body or person referred to in subsection (1) is referred to in this section as an “appointed person”.

(7)An appointed person must comply with a direction given under subsection (2).

(8)The remuneration and expenses of, and any other costs reasonably incurred by, an appointed person in performing the functions specified in the direction shall, unless otherwise specified in the direction, be paid by the body or person referred to in subsection (1).

(9)Anything done or omitted by an appointed person in performing the functions specified in the direction is to be regarded as done or omitted by the body or person referred to in subsection (1).

(10)A person dealing with an appointed person in good faith and for value is not concerned to inquire whether the appointed person is acting within the powers conferred by virtue of the direction.

(11)The Scottish Ministers may vary or withdraw a direction given under subsection (2).

78BRelationship of sections 77, 78 and 78A

The powers conferred by each of sections 77, 78 and 78A are without prejudice to the powers conferred by the other two sections.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources