{
  "url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-9",
  "json_url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-9.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/9",
  "kind": "section",
  "number": "9",
  "heading": "Power to direct that functions be exercised by other persons",
  "text": "(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.\n(2) But, where a direction under section 8(2) has been given, they may not give a direction under subsection (1)—\n(a) before the expiry of the period specified in the direction under that section; or\n(b) where that period has not expired, without withdrawing that direction under section 8(4).\n(3) The persons who may be specified in a direction under subsection (1) are one or more of the following—\n(a) a health board;\n(b) the common services agency;\n(c) a local authority;\n(d) an employee of—\n(i) a health board;\n(ii) the agency; or\n(iii) a local authority;\n(e) a member of staff of the Scottish Administration;\n(f) such other person Ministers consider appropriate.\n(4) A direction under subsection (1) 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 person by whom the function is to be exercised;\n(c) the period for which that person is to exercise that function;\n(d) the extent to which that person is to exercise that function; and\n(e) any other conditions imposed by the Scottish Ministers as they consider appropriate.\n(5) The Scottish Ministers may from time to time vary or withdraw a direction under subsection (1).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 9 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/9",
    "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."
}