Part 1Public health responsibilities
Power of Scottish Ministers to intervene
9Power 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).