Part 5Social care and social work: scrutiny and improvement
Chapter 3Care services
F1Care homes: emergency directions
63AEmergency power to direct care home service during coronavirus pandemic
(1)
A Health Board may, if the condition in subsection (2) is met, direct a person who provides a care home service registered under this Chapter at specified accommodation in the Board’s area to take such steps as may be specified within such period as may be specified.
(2)
The condition is that the Health Board considers that, for a reason relating to coronavirus, there is a material risk to the health of persons at the specified accommodation.
(3)
The specified steps must relate directly to reducing the risk to the health of persons at the specified accommodation (for example, by requiring specified cleaning to take place).
(4)
A Health Board must have regard to any guidance issued by the Scottish Ministers in relation to the exercise of its functions under this section.
(5)
The Scottish Ministers must publish any guidance that they issue under this section in such manner as they consider appropriate.
(6)
The power under subsection (1) to give a direction includes the power to vary or revoke an earlier direction under that subsection.
(7)
A direction given under this section must be in writing.
(8)
For the purposes of this section and section 63B—
“coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020,
“Health Board” means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, and “area” in relation to a Health Board, means the area for which the Board is constituted,
“specified” means specified in a direction given under subsection (1).