SCHEDULE 1Protection of the individual

PART 8Powers to purchase care home services and care at home providers

Power of health body to purchase distressed care home service provider

19

1

A health body may, on behalf of the Scottish Ministers, acquire (by agreement)—

a

a relevant provider of care home services, or

b

any asset or liability of such a provider,

in the circumstances described in paragraph 20.

2

A health body must comply with a direction given by the Scottish Ministers in relation to the functions conferred on it under this paragraph.

3

The power under sub-paragraph (2) to give a direction includes the power to vary or revoke an earlier direction under that sub-paragraph.

4

A direction given under this paragraph must—

a

be in writing, and

b

be published in such manner as the Scottish Ministers consider appropriate.

5

This paragraph is without prejudice to section 79 of the National Health Service (Scotland) Act 1978 (purchase of land and moveable property).