# Public Health etc. (Scotland) Act 2008, Section 9: Power 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).

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Source: https://www.legislation.gov.uk/asp/2008/5/section/9 (the official version)
Page: https://openlegislation.uk/public-health-etc-scotland-act-2008/section-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.