Public Health etc. (Scotland) Act 2008

9 Power to direct that functions be exercised by other persons

(1) The Scottish Ministers may, whether or not they have given a direction under section 8(2), in writing direct that a function of a health board or, as the case may be, of a local authority be exercised instead by a person specified in the direction.

(2) But, where a direction under section 8(2) has been given, they may not give a direction under subsection (1)—

(a) before the expiry of the period specified in the direction under that section; or

(b) where that period has not expired, without withdrawing that direction under section 8(4).

(3) The persons who may be specified in a direction under subsection (1) are one or more of the following—

(a) a health board;

(b) the common services agency;

(c) a local authority;

(d) an employee of—

(i) a health board;

(ii) the agency; or

(iii) a local authority;

(e) a member of staff of the Scottish Administration;

(f) such other person Ministers consider appropriate.

(4) A direction under subsection (1) must specify—

(a) the function of the board or, as the case may be, of the authority to which it applies;

(b) the person by whom the function is to be exercised;

(c) the period for which that person is to exercise that function;

(d) the extent to which that person is to exercise that function; and

(e) any other conditions imposed by the Scottish Ministers as they consider appropriate.

(5) The Scottish Ministers may from time to time vary or withdraw a direction under subsection (1).