Search Legislation

Public Health etc. (Scotland) Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 8

 Help about opening options

Changes to legislation:

Public Health etc. (Scotland) Act 2008, Section 8 is up to date with all changes known to be in force on or before 22 September 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

8Power to direct health boards and local authoritiesS

This section has no associated Explanatory Notes

(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).

[F1(5)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.]

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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