Care 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).

63BPower 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.