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.