Explanatory Notes

Public Health etc. (Scotland) Act 2008

2008 asp 5

16 July 2008

The Act – Overview

Part 1 .Public Health Responsibilities

Power of Scottish Ministers to intervene

Section 10 Directions under section 9(1): supplementary

22.Subsection (1) provides that anything done or omitted to be done by a person or body exercising a function as a result of a direction under section 9 remains the responsibility of the health board or local authority whose function it is. A person dealing in good faith and for value with a person exercising a function under a direction does not have to check whether the person exercising the function is doing so in accordance with the terms of the direction. Unless it is specified otherwise in the direction, the health board or local authority whose function is the subject of the direction must remunerate and pay the expenses of, and any other costs reasonably incurred by, the person exercising the function.