Powers to intervene with contractors 20 Emergency intervention order 15 (1) The court may, on an application by the Scottish Ministers, make an emergency intervention order. (2) An emergency intervention order is an order designed to ensure that goods or services that are to be provided by a person (“the provider”) to, or on behalf of, the National Care Service under an agreement are, so far as possible, provided without undue delay 20 and to an appropriate standard. (3) An emergency intervention order may— (a) authorise a person nominated by the Scottish Ministers to— (i) enter and occupy premises identified in the order, (ii) direct and control the provider’s operations so far as they relate to the 25 affected supply, (iii) do anything that the person considers necessary to ensure that the affected supply is provided without undue delay and to an appropriate standard, (b) require the provider to comply with any direction in relation to the affected supply given by the person nominated by the Scottish Ministers, 30 (c) confer any other powers, or impose any other duties or prohibitions, that the court considers appropriate (for example, a prohibition on the provider disposing of assets). (4) The court may make an emergency intervention order only if it is satisfied that it is reasonable for the Scottish Ministers to hold the opinion described by section 21(1) in 35 relation to the affected supply. (5) The court may make an emergency intervention order in the absence of the provider. (6) If it makes an emergency intervention order, the court must specify in the order the period for which it has effect, which must not exceed 12 months (but see section 22(2)). 11 National Care Service (Scotland) Bill Part 1—The National Care Service Chapter 4—Scottish Ministers’ powers to intervene (7) In this section— “the affected supply” means the goods or services that the emergency intervention order in question is designed to ensure are provided without undue delay and to an appropriate standard, 5 “court” means the Court of Session or the sheriff. 21 Application for emergency intervention order (1) The Scottish Ministers may apply for an emergency intervention order only if it is their opinion that— (a) there is a failure, or an imminent risk of failure, in the provision of goods or 10 services that are to be provided to, or on behalf of, the National Care Service 1 under an agreement, (b) that failure has caused, or is likely to cause, significant harm to the material wellbeing or safety of persons to whom the National Care Service provides services, 15 (c) the agreement under which the goods or services are to be provided offers no remedy that could effectively mitigate that harm. (2) In subsection (1), reference to a failure in the provision of goods or services is to— (a) their not being provided in accordance with the terms of the agreement under which they are to be provided, or 20 (b) their provision in accordance with the terms of that agreement no longer being adequate to fulfil the purpose for which the National Care Service entered into the agreement to have the goods or services provided. 22 Variation and revocation of emergency intervention order (1) The court may on the application of the Scottish Ministers or the provider— 25 (a) vary the terms of an emergency intervention order, (b) revoke an emergency intervention order. (2) The court may vary an emergency intervention order to extend the period for which it has effect, but— (a) may only do so once, and 30 (b) may not extend the period originally specified by more than 6 months. (3) In this section, “court” and “provider” are to be construed in accordance with section 20. 12 National Care Service (Scotland) Bill Part 1—The National Care Service Chapter 5—Functions connected to the provision of care C HAPTER 5 F UNCTIONS CONNECTED TO THE PROVISION OF CARE 23 Research (1) The Scottish Ministers and care boards may do any of the following in relation to 5 research relevant to the services that the National Care Service provides— (a) conduct it, (b) assist others in conducting it, (c) give financial assistance in relation to it. (2) For the purposes of subsection (1)(c), “financial assistance” means grants and loans. 10 (3) A person giving financial assistance under this section may attach conditions to it 1 (including conditions as to repayment and the payment of interest). 24 Training (1) The Scottish Ministers and care boards may— (a) provide training courses for individuals to equip them with knowledge and skills 15 relevant to providing services on behalf of the National Care Service, (b) give a person a grant towards expenses incurred by the person in providing training for the purpose mentioned in paragraph (a), (c) give to an individual undertaking training for the purpose mentioned in paragraph (a) (whether or not by way of a course provided under that paragraph) a grant 20 towards any or all of the following— (i) fees for the training, (ii) expenses incurred in connection with the training, (iii) living...