Search Legislation

Public Health etc. (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

9Power to direct that functions be exercised by other persons

This section has no associated Explanatory Notes

(1)The Scottish Ministers may, whether or not they have given a direction under section 8(2), in writing direct that a function of a health board or, as the case may be, of a local authority be exercised instead by a person specified in the direction.

(2)But, where a direction under section 8(2) has been given, they may not give a direction under subsection (1)—

(a)before the expiry of the period specified in the direction under that section; or

(b)where that period has not expired, without withdrawing that direction under section 8(4).

(3)The persons who may be specified in a direction under subsection (1) are one or more of the following—

(a)a health board;

(b)the common services agency;

(c)a local authority;

(d)an employee of—

(i)a health board;

(ii)the agency; or

(iii)a local authority;

(e)a member of staff of the Scottish Administration;

(f)such other person Ministers consider appropriate.

(4)A direction under subsection (1) must specify—

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

(b)the person by whom the function is to be exercised;

(c)the period for which that person is to exercise that function;

(d)the extent to which that person is to exercise that function; and

(e)any other conditions imposed by the Scottish Ministers as they consider appropriate.

(5)The Scottish Ministers may from time to time vary or withdraw a direction under subsection (1).

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