Part 1Public health responsibilities

Power of Scottish Ministers to intervene

I18Power to direct health boards and local authorities

1

This section and section 9 apply where the Scottish Ministers consider that—

a

a health board or, as the case may be, a local authority has failed, is failing or is likely to fail—

i

to exercise a function conferred on it by virtue of this Act or by any other enactment relating to the protection of public health; or

ii

to exercise that function in a manner which Ministers consider acceptable; and

b

it is necessary for the purpose of protecting public health that the function—

i

is exercised; or

ii

is exercised in such a manner as Ministers consider acceptable.

2

The Scottish Ministers may in writing direct the board or, as the case may be, the authority—

a

to exercise the function; or

b

to exercise it in such a manner,

within such period and subject to such other conditions as they consider appropriate.

3

A direction under subsection (2) must specify—

a

the function of the board or, as the case may be, of the authority to which it applies;

b

the period within which the function—

i

is to be exercised; or

ii

is to be exercised in the manner specified; and

c

any other conditions imposed on the board or authority in relation to the exercise of the function.

4

The Scottish Ministers may from time to time vary or withdraw a direction under subsection (2).

F15

If, in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014, a health board delegates any of its functions relating to the protection of public health, this section and sections 9 and 10 apply in relation to the person to whom the functions are delegated as they apply to the health board.