Part 1Public health responsibilities

Power of Scottish Ministers to intervene

9Power to direct that functions be exercised by other persons

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).