{
  "url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-8",
  "json_url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-8.json",
  "legislation": "asp/2008/5",
  "legislation_title": "Public Health etc. (Scotland) Act 2008",
  "legislation_url": "https://openlegislation.uk/public-health-etc-scotland-act-2008",
  "path": "section/8",
  "kind": "section",
  "number": "8",
  "heading": "Power to direct health boards and local authorities",
  "text": "(1) This section and section 9 apply where the Scottish Ministers consider that—\n(a) a health board or, as the case may be, a local authority has failed, is failing or is likely to fail—\n(i) to exercise a function conferred on it by virtue of this Act or by any other enactment relating to the protection of public health; or\n(ii) to exercise that function in a manner which Ministers consider acceptable; and\n(b) it is necessary for the purpose of protecting public health that the function—\n(i) is exercised; or\n(ii) is exercised in such a manner as Ministers consider acceptable.\n(2) The Scottish Ministers may in writing direct the board or, as the case may be, the authority—\n(a) to exercise the function; or\n(b) to exercise it in such a manner,\nwithin such period and subject to such other conditions as they consider appropriate.\n(3) A direction under subsection (2) must specify—\n(a) the function of the board or, as the case may be, of the authority to which it applies;\n(b) the period within which the function—\n(i) is to be exercised; or\n(ii) is to be exercised in the manner specified; and\n(c) any other conditions imposed on the board or authority in relation to the exercise of the function.\n(4) The Scottish Ministers may from time to time vary or withdraw a direction under subsection (2).\n(5) If, in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014, a health board delegates any of its functions relating to the protection of public health, this section and sections 9 and 10 apply in relation to the person to whom the functions are delegated as they apply to the health board.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 8(5) inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 8(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 8 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2008/5/section/8",
    "retrieved_at": "2026-10-29T20:15:45.653037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}