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National Health Service (Scotland) Act 1978

National Health Service (Scotland) Act 1978 s 77

s 77 Default powers.

(1) Where the Secretary of State is of the opinion, on representations made to him or otherwise, that— (a) any Health Board; ... (aa) an NHS trust (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the Dental Estimates Board ; or (d) HIS, have failed to carry out any functions conferred or imposed on them by or under this Act or by or under the 2021 Act , or have in carrying out those functions failed to comply with any regulations, schemes, proposals or directions relating to those functions, he may after holding an inquiry make an order declaring them to be in default (2) When such an order is made, the members of the body shall forthwith vacate their office, and the order— (a) shall provide for the appointment or, as the case may be, election , in accordance with the provisions of this Act, of new members of the body; and (b) may contain such provisions as seem to the Secretary of State expedient for authorising any person to act in the place of the body in question pending the appointment or, as the case may be, election of new members. (3) An order made under this section may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.

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