Public Services Reform (Scotland) Act 2010 (asp 8)

Part 5 S Social care and social work: scrutiny and improvement

Chapter 3 S Care services

[F1 Care homes: emergency directions S

Textual Amendments

F1 Ss. 63A, 63B and cross-heading inserted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 16(2) (with s. 9) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 9(1))

63B Power to act where section 63A direction not complied with S

(1) This section applies where a Health Board that gave a direction under section 63A is not satisfied that the person to whom the direction was given has complied with the direction.

(2) The Health Board may—

(a) take the specified steps (or such of those steps as have not been taken),

(b) take entry to the specified accommodation (if necessary to take the steps), and

(c) recover from the provider of the care home service the costs incurred by the authority in relation to taking the specified steps.

(3) A sheriff may grant a warrant under this section to authorise the Health Board—

(a) to enter the premises, and

(b) to take the specified steps.

(4) A sheriff may grant a warrant under this section only if satisfied that—

(a) there are reasonable grounds for entering the specified accommodation, and

(b) entry to the specified accommodation has been refused.

(5) A warrant expires—

(a) 28 days after the day on which it was granted, or

(b) if earlier, when the specified steps have been taken.

(6) For the purposes of section 64 (cancellation of registration), failure to comply with a warrant granted under this section is a relevant offence.]