The Healthcare Improvement Scotland (Delegation of Functions) Order 2016 No. 86

Delegation of function

3.  This article applies where—

(a) the direction is necessary in exercise of the Health Board’s duties under sections 36 and 37 of the National Health Service (Scotland) Act 1978(1); and

(b) HIS believes that, in the absence of such a direction, there is a serious risk to the life, health or wellbeing of persons.

(1)

The duties of Health Boards under sections 36 (accommodation and services) and 37 (prevention of illness, care and after-care) are conferred upon them by the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570).