Section 9 Power to direct that functions be exercised by other personsI1

(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).

Annotations

Commencement

I1: S. 9 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1