Coronavirus (Scotland) (No.2) Act 2020

Emergency directions S

16 (1) The Public Services Reform (Scotland) Act 2010 applies in accordance with the modification in this paragraph. S

(2) The Act has effect as if after section 63 (special provision for certain care services provided by local authorities) there were inserted—

“Care homes: emergency directions S

63A Emergency 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).

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

(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.”.