Part IV Powers of the Secretary of State
Inquiries, and default and emergency powers
76 Inquiries.
1
The Secretary of State may cause an inquiry to be held in any case where he deems it advisable to do so in connection with any matter arising under this Act.
2
The provisions of Schedule 12 shall have effect with regard to any inquiry which the Secretary of State is, under this Act, required or authorised to hold.
C377C1C2Default powers.
C41
Where the Secretary of State is of the opinion, on representations made to him or otherwise, that—
a
any Health Board;
F1aa
an NHS trust
b
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the Dental Estimates Board;
have failed to carry out any functions conferred or imposed on them by or under this Act, or have in carrying out those functions failed to comply with any regulations, schemes, proposals or directions relating to those functions, he may after holding an inquiry make an order declaring them to be in default.
2
When such an order is made, the members of the body shall forthwith vacate their office, and the order—
a
shall provide for the appointment F3or, as the case may be, election, in accordance with the provisions of this Act, of new members of the body; and
b
may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment F4or, as the case may be, election of new members.
3
An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.
C678C5 Emergency powers.
If the Secretary of State is of the opinion that an emergency exists, and thinks it necessary in order to secure the effective continuance of any service under this Act, he shall have power to direct that any function conferred by or under this Act on any body or person shall, during the period of the emergency, be performed by such other body or person as he may specify in the direction.
F578APowers in case of service failure
1
This section applies where—
a
it is a function of a body or person under or by virtue of this Act to provide, or secure the provision of, a service, and
b
the Scottish Ministers consider that the body or person has failed, is failing or is likely to fail—
i
to provide the service, or
ii
to provide it to a standard which they regard as acceptable.
2
The Scottish Ministers may, where they consider it necessary for the purpose of ensuring the provision of the service in question to a standard which they regard as acceptable, direct that specified functions of the body or person under or by virtue of this Act be performed, for a specified period and to a specified extent, by—
a
a body falling within subsection (4), or
b
one or more persons falling within subsection (5).
3
In subsection (2), “specified” means specified in the direction.
4
A body falls within this subsection if it is—
a
a Health Board,
b
a Special Health Board, or
c
the Agency.
5
A person falls within this subsection if the person is—
a
an employee of a Health Board, a Special Health Board or the Agency,
b
a member of the staff of the Scottish Administration, or
c
an employee of a local authority.
6
A body or person appointed by a direction given under subsection (2) to perform functions of a body or person referred to in subsection (1) is referred to in this section as an “appointed person”.
7
An appointed person must comply with a direction given under subsection (2).
8
The remuneration and expenses of, and any other costs reasonably incurred by, an appointed person in performing the functions specified in the direction shall, unless otherwise specified in the direction, be paid by the body or person referred to in subsection (1).
9
Anything done or omitted by an appointed person in performing the functions specified in the direction is to be regarded as done or omitted by the body or person referred to in subsection (1).
10
A person dealing with an appointed person in good faith and for value is not concerned to inquire whether the appointed person is acting within the powers conferred by virtue of the direction.
11
The Scottish Ministers may vary or withdraw a direction given under subsection (2).
78BF5Relationship of sections 77, 78 and 78A
The powers conferred by each of sections 77, 78 and 78A are without prejudice to the powers conferred by the other two sections.