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3. This article applies where—
(a)the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 1978(1); and
(b)HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.
The duties of Health Boards under sections 36 (accommodation and services) and 37 (prevention of illness, care and after-care) are conferred upon them by the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570).
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