Health Services and Public Health Act 1968

1968 CHAPTER 46

An Act to amend the National Health Service Act 1946 and the National Health Service (Scotland) Act 1947 and make other amendments connected with the national health service; to make amendments connected with local authorities’ services under the National Assistance Act 1948; to amend the law relating to notifiable diseases and food poisoning; to amend the Nurseries and Child-Minders Regulation Act 1948; to amend the law relating to food and drugs; to enable assistance to be given to certain voluntary organisations; to enable the Minister of Health and Secretary of State to purchase goods for supply to certain authorities; to make other amendments in the law relating to the public health; and for purposes connected with the matters aforesaid.

[26th July 1968]X1

Editorial Information

X1 The text of ss. 44–46, 77 and 79 was taken from S.I.F. Group 81:3 (Local Government: Social Services); ss. 47-50, 52-66, 70-79 and Schs. 3,4 appeared in S.I.F. Group 100:3; provisions omitted from S.I.F have been dealt with as referred to in other commentary.

Modifications etc. (not altering text)

C1 Act: transfer of powers (1.7.1999) by S.I. 1999/672, art. 2

Commencement Information

I1 Act not in force at Royal Assent see s. 79(2); Act wholly in force at 18. 3. 1974 see S.I. 1974/317.

Part I E+W+S

1—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–43 repealed by (E.W.) National Health Service Act 1977 (c. 49), s. 129, Sch. 14 para. 10, Sch. 16 and (S.) National Health Service (Scotland) Act 1978 (c. 29), s. 109, Sch. 17

Part II E+W+S Amendments connected with Local Authorities’ Services under the National Assistance Act 1948

44 Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them or another such authority. E+W+S

[F2 (1) For subsection (1) of section 26 of the M1 National Assistance Act 1948 (provision of accomodation in premises maintained by voluntary organisations), there shall be substituted the following subsections:—

“(1) Notwithstanding anything in the foregoing provisions of this Part of this Act, but subject to the next following subsection, a scheme under section twenty-one thereof may provide that a local authority—

(a) may make, in lieu or in supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (a) of subsection (1) of the said section twenty-one, arrangements—

(i) with a voluntary organisation managing any premises, for the provision in those premises of accommodation of that kind;

(ii) with a person registered under section thirty-seven of this Act in respect of a disabled persons’ or old persons’ home, for the provision in that home of accommodation of that kind; and

(b) may make, in lieu or supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (b) of the said subsection (1), arrangements with a voluntary organisation managing any premises for the provision in those premises of accommodation of that kind.

(1A) No arrangements shall be made by virtue of paragraph (a) of the foregoing subsection by a local authority with a person who has been convicted of an offence against regulations under section forty of this Act.”]

(2) In subsection (2) of the said section 26 (which requires arrangements under subsection (1) of that section provide for the making by the local authority of payments to the voluntary organisation with which they are made) for the words “the organisation” there shall be substituted the words “the other party thereto”.

Textual Amendments

F2 S. 44(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

Modifications etc. (not altering text)

C2 The text of ss. 44, 60(3)(5)(6)(8)(10)–(13) is in the form in which it was originally enacted:it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1948 c. 29

F3 F4 45 Promotion by local authorities, of the welfare of old people. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 45 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F4 S. 45 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 14

F5 46 Application to Isles of Scilly. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 46 ceases to have effect (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 14 (with arts. 1(3), 3)

Part III E+W+S

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

48—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 51 repealed by Local Government Act 1972 (c. 70), Sch. 30

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

54—58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Part IV U.K. Miscellaneous Matters

Provision of general Application U.K.

59 Extension of power of user by Crown of patented invention to user for certain health services. U.K.

(1) The powers exercisable in relation to a patented invention under section 46 of the M2 Patents Act 1949 by a government department or a person authorised by a government department shall include power to make, use, exercise and vend the invention for the production or supply of drugs and medicines required for the provision of pharmaceutical services, [F12 local pharmaceutical services,] [F13 primary medical services,] [F14 general medical services, personal medical services, [F15 primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F16 the Secretaries of State respectively concerned with health in England, in Wales and in Scotland] acting jointly; and any reference in that section or in section 47 or 48 of the Patents Act 1949 to the services of the Crown shall be construed accordingly.

(2) In the foregoing subsection references to pharmaceutical services, general medical services and general dental services shall be construed as referring to services of those respective kinds under [F17 Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006] [F18 (in the case of pharmaceutical services)], Part [F19 II] of the M3 National Health Service (Scotland) Act [F19 1978] [F20 (in the case of pharmaceutical services or general dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

[F21 (2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F22 ... kinds under F23 ... section 17C of the 1978 Act [F24 (in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

[F25 (2B) In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—

(a) a pilot scheme established under [F26 section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006];

(b) an LPS scheme established under [F27 Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006]; or

(c) any corresponding provision of the law in force in the Isle of Man.]

[F28 (2C) In subsection (1), the [F29 reference to primary medical services is a reference to primary medical services provided under [F30 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006], Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to] primary dental services provided under [F30 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

(3) The power conferred by subsection (1) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) This section shall extend to the Isle of Man.

Textual Amendments

F12 Words in s. 59(1) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(a) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F13 Words in s. 59(1) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(a); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F14 Words in s. 59(1) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3(1)(3)(4))

F15 Words in s. 59(1) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(b); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a)

F16 Words substituted by S.I. 1969/388, Sch. 1

F17 Words in s. 59(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 35 (with Sch. 3 Pt. 1)

F18 Words in s. 59(2) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(3); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F19 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)

F20 Words in s. 59(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(a)

F21 S. 59(2A) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3)

F22 Word in s. 59(2A) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(i)

F23 Words in s. 59(2A) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(4), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F24 Words in s. 59(2A) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(ii)

F25 S. 59(2B) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F26 Words in s. 59(2B)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(a) (with Sch. 3 Pt. 1)

F27 Words in s. 59(2B)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(b) (with Sch. 3 Pt. 1)

F28 S. 59(2C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(5); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F29 Words in s. 59(2C) substituted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(c)

F30 Words in s. 59(2C) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 37 (with Sch. 3 Pt. 1)

Marginal Citations

M2 1949 c. 87.

M3 1978 c. 29.

Provisions applicable to England and Wales and Scotland E+W+S

F31 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F31 S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W+S

Textual Amendments

F32 S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5

62 Hover vehicles brought within scope of Acts relating to public health and food and drugs. E+W+S

(1) In the M4 Public Health Act 1936 references to vessels, . . . F33 , shall be construed as including references to [F34 hovercraft within the meaning of the M5 Hovercraft Act 1968] and [F35 in that Act]“master” shall be construed accordingly.

F36 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11

F34 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123

F35 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)

F36 S. 62(2) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

Marginal Citations

M4 1936 c. 49.

M5 1968 c. 59.

63 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare. E+W+S

(1) [F37 The Secretary of State] may, either directly or by entering into arrangements with others,—

(a) provide, for persons employed or having it in contemplation to be employed as officers, or servants of [F38 [F39 NHS England] or [F40 an integrated care board],] F41 ... F42 ... [F43 or Special Health Authority, Health Board F44 ... [F45 or Local Health Board]] such instruction as appears to him conducive to securing their efficiency as such officers or servants;

(b) provide, for persons (other than such as are mentioned in the foregoing paragraph) of such class as may be [F46 determined by him] who are employed, or have it in contemplation to be employed, in an activity to which this paragraph applies, such instruction as appears to him conducive to the efficient carrying on of that activity; and

(c) provide material and premises necessary for, or in connection with, the provision of any such instruction as aforesaid.

(2) Paragraph (b) of the foregoing subsection applies to the following activities, namely—

(a) an activity involved in the provision of a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Minister of Health[F47 , [F39 NHS England], [F48 an integrated care board]] or the council of a [F49 non-metropolitan county [F50 county borough], metropolitan district] or London borough or the Common Council of the City of London F51 . . . ;

[F52 (aa) the provision or performance of a primary medical service or primary dental service under [F53 either of the 2006 Acts] [F54 or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978] and an activity involved in or connected with the provision or performance of such a service;]

(b) the provision of a service for the provision of which [F55 [F56 the National Health Service Commissioning Board] or] [F57 a [F58 Local Health Board]] is, by virtue of [F59 Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006], under a duty to make arrangements and an activity involved in or connected with the provision of such a service;

[F60 (ba) the provision or performance of a service in accordance with arrangements made under F61 ... section 17C of the M6 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F62 (bb) the provision of a local pharmaceutical service under a pilot scheme [F63 established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F64 or an LPS scheme established under either of the 2006 Acts] or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;]

(c) an activity involved in the provision of a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Secretary of State or a county council or a town council of a large burgh or a joint county council;

(d) the provision of a service for the provision of which [F65 a Health Board] is, by virtue of Part [F66 II] of the [F66 1978] Act, under a duty to make arrangements and an activity involved in or connected with the provision of such a service; and

(e) an activity involved in the provision of a service under the law in force in Northern Ireland corresponding to a service mentioned in paragraph (a) above;

(f) the provision of a service under the law in force in Northern Ireland corresponding to a service mentioned in paragraph (b) above, and an activity involved in or connected with the provision of such a service.

F67 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F37 the Secretary of State] thinks fit.

[F69 (5A) The Secretary of State may by regulations provide for any functions exercisable by a F70 ... F71 ... [F72 Special Health Authority F73 ... [F74 or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F70 ... F71 ... [F72 Special Health Authority F73 ... [F74 or Local Health Board]] jointly with one or more other relevant health service bodies; and

[F75 (a) in the case of regulations made by the Secretary of State, section 272 of the National Health Service Act 2006 applies to regulations made under this subsection as if this subsection were contained in that Act,

(b) in the case of regulations made by the Welsh Ministers, section 203 of the National Health Service (Wales) Act 2006 applies to regulations made under this subsection as if this subsection were contained in that Act.]

(5B) For the purposes of subsection (5A) above the following are relevant health service bodies—

F76 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Special Health Authorities;

F78 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 (bbb) Local Health Boards; F80 ...]

(c) NHS trusts.

[F81 (d) NHS foundation trusts]]

(6) [F37 The Secretary of State] may, with the approval of the Treasury,—

(a) make grants and pay fees to persons or bodies with whom arrangements under subsection (1) above are made for the provision of instruction under this section [F82 and for ancillary administrative purposes]; and

(b) pay travelling and other allowances to persons availing themselves of such instruction.

[F83 (6A) The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.

(6B) The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.]

F84 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

• F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F86 “2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];

• “1947 Act” means the M7 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F87 any enactment functions under which [F88 are social services functions within the meaning] of the M8 Local Authority Social Services Act 1970] [F89 and the National Health Service Act [F90 2006]] [F91 or for the purposes of the Social Services and Well-being (Wales) Act 2014];

  (b)

  in relation to subsection (2)(c) above, F92 ... F93 ..., [F94 section 39 of the M9 National Health Service Scotland Act 1978] F95 ... [F96 the [F97 2006 Acts]] [F98 and Part 4 of the Social Services and Well-being (Wales) Act 2014].

[F99 (8A) Expressions used in both this section and the [F100 2006 Acts have the same meaning in this section as in those Acts].]

(9) This section shall have effect in Scotland as if, for any reference therein (other than a reference in subsection (2) thereof) to the Minister of Health, there were substituted a reference to the Secretary of State; F101 . . .

X2 (10) Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.

Editorial Information

X2 The text of ss. 63(10), 78(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F37 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F38 Words in s. 63(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(a); S.I. 2012/1831, art. 2(2)

F39 Words in s. 63(1)(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F40 Words in s. 63(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F41 Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42 Words in s. 63(1)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(a)

F43 Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F44 Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F45 Words in s. 63(1)(a) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F46 Words substituted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(2), (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(b)

F47 Words in s. 63(2)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F48 Words in s. 63(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F49 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F50 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F51 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F52 S. 63(2)(aa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(a); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F53 Words in s. 63(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(a) (with Sch. 3 Pt. 1)

F54 Words in s. 63(2)(aa) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(3)

F55 Words in s. 63(2)(b) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 40(2); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)

F56 Words in s. 63(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F57 Words in s. 63(1)(a)(2)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by virtue of 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III, para. 95(2)(a)(b) (with Sch. 2 paras. 6, 16)

F58 Words in s. 63(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(b)

F59 Words in s. 63(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(b) (with Sch. 3 Pt. 1)

F60 S. 63(2)(ba) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 1(4); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject to art. 3(1)(2)(4))

F61 Words in s. 63(2)(ba) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F62 S. 63(2)(bb) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F63 Words in s. 63(2)(bb) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 2; S.I. 2010/30, art. 2(b)

F64 Words in s. 63(2)(bb) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(c) (with Sch. 3 Pt. 1)

F65 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F66 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F67 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F68 S. 63(4) repealed (E.W.) by National Health Service (Reorganisation) Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F69 S. 63(5A)(5B) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 paras. 6, 16)

F70 Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F71 Words in s. 63(5A) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(c)

F72 Words in s. 63(5A) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F73 Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F74 Words in s. 63(5A) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F75 Words in s. 63(5A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(d) (with Sch. 3 Pt. 1)

F76 S. 63(5B)(za) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F77 S. 63(5B)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(d)

F78 S. 63(5B)(bb) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F79 S. 63(5B)(bbb) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F80 Word in s. 63(5B)(bbb) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14, Sch. 14 Pt. 1; S.I. 2004/759, art. 2

F81 S. 63(5B)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14; S.I. 2004/759, art. 2

F82 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F83 S. 63(6A)(6B) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 97(7), 127(1); S.I. 2014/2473, art. 4(2)(a)

F84 Ss. 63(7), 67 repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F85 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F86 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(i) (with Sch. 3 Pt. 1)

F87 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F88 Words in s. 63(8) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(3), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(2)(f)

F89 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F90 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(ii) (with Sch. 3 Pt. 1)

F91 Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(a)

F92 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F93 Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(i)

F94 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F95 Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(ii)

F96 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F97 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(iii) (with Sch. 3 Pt. 1)

F98 Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(iii)

F99 S. 63(8A) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(d) (with Sch. 2 paras. 6, 16)

F100 Words in s. 63(8A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(f) (with Sch. 3 Pt. 1)

F101 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C3 References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C4 S. 63(1)(5)(6): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue on S.I. 2000/695, reg. 3(2)(a), Sch. 1

C5 S. 63(1)(5)(6) transfer of functions (E.) (1.4.2001) by S.I. 2001/747, reg. 2(1), Sch. 1 (with regs. 3, 4)

C6 S. 63(1) modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(5), 6(4)

C7 S. 63(1)(5)(6) functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

M6 1978 c. 29.

M7 1947 c. 27.

M8 1970 c.42.

M9 1978 c. 29.

[F102 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W

(1) [F103 The Secretary of State] may, upon such terms and subject to such conditions as he may, with the approval of the Treasury, determine, give to a voluntary organisation to which this section applies assistance by way of grant or by way of loan, or partly in the one way and partly in the other.

(2) This section applies to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided.

(3) In this section—

[F104 (a) “the relevant enactments” means—

(i) Parts III and IV of the M10 Children and Young Persons Act 1933,

F105 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F108 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii) section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

F109 (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the M11 Children and Young Persons Act 1963, except Part II and section 56,

(xi) this Act,

F110 (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii) section 7(4) of the M12 Family Law Reform Act 1969,

(xiv) the M13 Children and Young Persons Act 1969, F111 ...

F109 (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112 (xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii) the M14 Children Act 1975

[F113 (xviii) the Adoption and Children Act 2002],

[F114 (xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],

[F115 (xx) the Children Act 1989],

[F116 (xxi) [F117 section 260 of the Sentencing Code or] [F118 section 92 of] the Powers of Criminal Courts (Sentencing) Act 2000],

[F119 (xxii) [F120 Chapter 1 of Part 9 of the Sentencing Code or] Part 1 of the Criminal Justice and Immigration Act 2008;]

[F121 (xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;]]

(b) “relevant service” means a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by [F122 the Secretary of State] or the council of a [F123 non-metropolitan county, [F124 county borough] metropolitan district] or London borough or the Common Council of the City of London [F125 or a service for the provision of which [F126 NHS England] or [F127 an integrated care board] has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements] or a service for the provision of which [F128 [F129 a local Health Board is], by virtue of F130 ... [F131 Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006],] under a duty to make arrangements [F132 or any service which a F133 ... Local Health Board is under a duty to provide under section 16CA or 16CC of that Act]; and

(c) “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(4) This section shall have effect in Scotland as if, in subsection (1) thereof, for the reference to the Minister of Health, there were substituted a reference to the Secretary of State; and as if, in subsection (3) thereof, for paragraphs (a) and (b), there were substituted the following paragraphs:—

“(a) “the relevant enactments” means F134 ... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F135 and the National Health Service Scotland Act [F136 1978]];

(b) “relevant service” means a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Secretary of State or by a county council or by the town council of a large burgh; or a service for the provision of which [F137 a Health Board] is, by virtue of Part [F138 II] of the National Health Service (Scotland) Act [F138 1978] under a duty to make arrangements [F139 or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]

Textual Amendments

F102 S. 64 repealed so far as it relates to (S.) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 3, Sch. 10 Pt. I

F103 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F104 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F105 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F106 S. 64(3)(a)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(a)

F107 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F108 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F109 S. 64(3)(a)(vi)(vii)(ix)(xv) repealed (E.W.)(14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F110 S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F111 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F112 S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F113 S. 64(3)(a)(xviii) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 10 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F114 Words in s. 64(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(a) (with Sch. 3 Pt. 1)

F115 S. 64(3)(a)(xx) substituted (E.W.) (14. 10. 1991) for s. 64(3)(a)(xix) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 19), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(1), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F116 S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F117 Words in s. 64(3)(a)(xxi) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 18(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F118 Words in s. 64(3)(a)(xxi) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F119 S. 64(3)(a)(xxii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F120 Words in s. 64(3)(a)(xxii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 18(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F121 S. 64(3)(a)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(b)

F122 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F123 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F124 Words in s. 64(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F125 Words in s. 64(3)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F126 Words in s. 64 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F127 Words in s. 64(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 8; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F128 Words in s. 64(3)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III, para. 95(3)

F129 Words in s. 64(3)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F130 Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F131 Words in s. 64(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(b) (with Sch. 3 Pt. 1)

F132 Words in s. 64(3)(b) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 5; S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F133 Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F134 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F135 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F136 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F137 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F138 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

F139 Words in s. 64(4) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(4)

Modifications etc. (not altering text)

C8 S. 64(1): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1

S. 64(1): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), Sch. 1 (with regs. 3, 4)

C9 The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

C10 S. 64(1) functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

M10 1933 c. 12.

M11 1963 c. 37.

M12 1969 c. 46.

M13 1969 c. 54.

M14 1975 c. 72.

65 Financial and other assistance by local authorities to certain voluntary organisations. E+W+S

(1) A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F140 .

(2) A local authority may also assist any such voluntary organisation as aforesaid by permitting them to use premises belonging to the authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift, or loan or otherwise) and the services of any staff who are employed by the authority in connection with the premises or other things which they permit the organisation to use, . . . F141

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F142 other than a metropolitan county, or of a [F143 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F144 (b) “the relevant enactments” means—

(i) Parts III and IV of the M15 Children and Young Persons Act 1933,

F145 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F147 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the M16 Adoption Act 1958,

(vi) section 3 of the M17 Disabled Persons (Employment) Act 1958,

[F148 (vii) the M18 Children Act 1958,]

[F149 (viii) section 9 of the M19 Mental Health Act 1959,]

(ix) section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

[F150 (x) section 9 of the M20 Domestic Proceedings and Magistrates’ Courts Act 1978],

(xi) the M21 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M22 Adoption Act 1968,

(xiv) section 7(4) of the M23 Family Law Reform Act 1969,

(xv) the M24 Children and Young Persons Act 1969,

(xvi) section 43 of the M25 Matrimonial Causes Act 1973,

F151 (xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xviii) the M26 Children Act 1975,

[F152 (xix) [F153 the Adoption and Children Act 2002]],

[F154 (xix) [F155 the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],

[F156 (xxi) the Children Act 1989],

[F157 (xxii) [F158 Chapter 1 of Part 9 of the Sentencing Code or] Part 1 of the Criminal Justice and Immigration Act 2008;]

[F159 (xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;]]

(c) “relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

(d) “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(4) The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M27 National Health Service Act 1946, sections 26(6) and 30(2) of the M28 National Assistance Act 1948, sections 45(4) and 46(3) of the M29 London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.

(5) Subsection (1) of section 46 of the M30 Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.

(6) This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—

“(2A) Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a [F160 local authority] may assist any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people to provide such meals or such recreation by contributing to the funds of the organisation, by permitting them to use premises belonging to the [F160 local authority] on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the [F160 local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F162 the [F163 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

F164 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F165 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F166 1978], Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;]

(d) “relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

(e) “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(2C) This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948”

Textual Amendments

F140 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F141 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F142 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F143 Words in s. 65(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(12), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F144 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F145 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F146 S. 65(3)(b)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(a)

F147 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F148 S. 65(3)(b)(vii) which was substituted (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I was repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2); the Children Act 1958 was repealed (S.) by Foster Children (Scotland) Act 1984 c. 56, s. 22, Sch. 3 and the reference to the Children Act 1958 should be construed in accordance with the Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a).

F149 S. 65(3)(b)(viii)(x) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F150 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F151 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F152 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F153 Words in s. 65(3)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 11 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F154 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F155 Words in s. 65(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 40 (with Sch. 3 Pt. 1)

F156 S. 65(3)(b)(xxi) substituted (E.W.) (14. 10. 1991) for s. 65(3)(b)(xx) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 20), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F157 S. 65(3)(b)(xxii) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 10 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F158 Words in s. 65(3)(b)(xxii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 19 (with Sch. 27); S.I. 2020/1236, reg. 2

F159 S. 65(3)(b)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(b)

F160 S. 65(6): words in substituted subsection (2A) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(a); S.I. 1996/323, art. 4(1)(c)

F161 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F162 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F163 S. 65(6): words in substituted subsection (2B)(a) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(b); S.I. 1996/323, art. 4(1)(c)

F164 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F165 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F166 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28

Modifications etc. (not altering text)

C11 S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

Marginal Citations

M15 1933 c. 12.

M16 1958 c. 5 (7 & 8 Eliz. 2).

M17 1958 c. 33 (6 & 7 Eliz. 2).

M18 1958 c. 65

M19 1959 c. 72.

M20 1978 c. 22.

M21 1963 c. 37.

M22 1968 c. 53.

M23 1969 c. 46.

M24 1969 c. 54.

M25 1973 c. 18.

M26 1975 c. 72.

M27 1946 c. 81.

M28 1948 c. 29.

M29 1963 c. 33.

M30 1958 c. 55.

66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals. E+W+S

(1) [F167 The Secretary of State] may, in accordance with arrangements made by him with the approval of the Treasury, make payments, at such rates as may be determined under those arrangements, to persons of such class or description as may be so determined in respect of travelling expenses necessarily incurred by them in making visits to patients for the time being detained under the Mental Health Act 1959 in [F168 hospitals at which high security psychiatric services are provided].

(2) The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M31 Mental Health Act 1959 and [F168 hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M32 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F167 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F168 Words in s. 66(1)(2) substituted (1.4.2000) by S.I. 2000/90, art. 3(2), Sch. 2 para. 2 (with art. 2(5))

Modifications etc. (not altering text)

C12 The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

M31 1959 c. 72.

M32 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169 E+W+S

Textual Amendments

F169 Ss. 63(7), 67 repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

E+W+S

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170 E+W+S

Textual Amendments

F170 Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171 E+W+S

Textual Amendments

F171 S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172 E+W+S

Textual Amendments

F172 Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Provisions applicable to Scotland only E+W+S

F173 71 Compensation for stopping employment to prevent spread of disease in Scotland. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 S. 71 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

[F174 71A Fees for certificates relating to notifiable diseases and food poisoning. E+W+S

[F175 (1) Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under—

(a) section 3(1) of the Infectious Diseases (Notification) Act 1889 (notification of infectious diseases);

(b) regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases);

(c) section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning).

(2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances.

(3) A direction under this section may make provision in relation to fees payable after a date specified in the direction.

(4) The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners.

(5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners.

(6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.

(7) This section applies to Scotland only.]]

Textual Amendments

F174 S. 71A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 26(2)

F175 S. 71A repealed (1.1.2010 for the repeal of s. 71A(1)(a)(c)) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/404, art. 2(3), Sch. 3

F176 72 Powers of sheriff, &c. to order a medical examination in Scotland. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F176 S. 72 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

F177 73 Power of medical officers of health to enter premises in Scotland. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F177 S. 73 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178 E+W+S

Textual Amendments

F178 S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179 E+W+S

Textual Amendments

F179 S. 75 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII and also expressed to be repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180 E+W+S

Textual Amendments

F180 S. 76 repealed (with saving) by S.I. 1981/127, arts. 3, 4, 5, Sch. 1

Part V E+W+S General

77 Expenses and receipts. E+W+S

(1) There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by [F181 the Secretary of State] or the Secretary of State in the exercise of any of their powers under this Act;

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other Act.

(2) All sums received, by virtue of this Act, by [F181 the Secretary of State] or the Secretary of State shall be paid into the Exchequer.

Textual Amendments

F181 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

78 Consequential amendments and repeals. E+W+S

(1) The enactments specified in Part I of Schedule 3 to this Act and the schemes mentioned in Part II of that Schedule shall have effect subject to the amendments specified in relation thereto in that Schedule, being amendments consequential on the foregoing provisions of this Act; and in that Schedule “the M33 1946 Act” means the National Health Service Act 1946, and “the M34 1947 Act” means the National Health Service (Scotland) Act 1947.

(2) The enactments specified in columns 1 and 2 of Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Modifications etc. (not altering text)

C13 The text of ss. 63(10), 78(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M33 1946 c. 81.

M34 1947 c. 27.

79 Short title, citation, commencement, and extent. E+W+S

(1) This Act may be cited as the Health Services and Public Health Act 1968, . . . F182

(2) This Act, in its application to England and Wales, shall come into force on such date as the Minister may by order made by statutory instrument appoint, and, in its application to Scotland, on such date as the Secretary of State may by order so made appoint; and different dates may be appointed under this section for different provisions of this Act or for different purposes.

(3) This Act, except section 59 thereof, shall not extend to Northern Ireland.

Textual Amendments

F182 Words repealed by National Health Service Act 1977 (c. 49), Sch. 16 and National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

Modifications etc. (not altering text)

C14 Power of appointment conferred by s. 79(2) fully exercised: S.I. 1968/1362, 1387, 1662; 1969/158, 225, 296, 364; 1970/831; 1971/423, 555; 1972/826; 1973/1187; 1974/286 and 317

SCHEDULES

F183 F183 SCHEDULE 1 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183 S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

SCHEDULE 2 E+W+S

Part I E+W+S . . . F184

Textual Amendments

F184 Sch. 2 Pt. I repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

Part II E+W+S . . . F185

Textual Amendments

F185 Sch. 2 Pt. II repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

Section 78.

SCHEDULE 3 E+W+S Consequential Amendments of Enactments and Schemes

Part I E+W+S Enactments

Modifications etc. (not altering text)

C15 Pt. I is printed with the omission of provisions which (a) amend Local Government Act 1958 (c. 55), s. 46(1) and (b) have been repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3, National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. I, National Health Service Reorganisation Act 1973 (c. 32), Sch. 5 and National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

The National Assistance Act 1948(11 & 12 Geo. 6. c. 29) E+W+S

In section 29(6)(b), the reference to accommodation and services required to be provided under the 1946 or the 1947 Act shall be construed as including a reference to accommodation or services required to be provided under Part I of this Act.

E+W+S

. . . F186

Textual Amendments

F186 Entries repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII

E+W+S

. . . F187

Textual Amendments

F187 Entries repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII

The Health Visiting and Social Work (Training) Act 1962(10 & 11 Eliz. 2. c. 33) E+W+S

In section . . . F188 5, references to functions under Part III of the 1946 Act shall be construed as including references to functions under Part I of this Act in its application to England and Wales, and references to functions under Part III of the M35 National Assistance Act 1948 shall be construed as including references to functions under section 26 of that Act as amended by section 44 of this Act and under section 45 of this Act.

Textual Amendments

F188 Words repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), s. 23(5), Sch. 8

Marginal Citations

M35 1948 c. 29.

The London Government Act 1963(1963 c. 33) E+W+S

The reference in paragraph (a) of section 45(2) to Part III of the 1946 Act shall be construed as including a reference to sections . . . F189 12 and 13 of this Act.

Textual Amendments

F189 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

The General Rate Act 1967(1967 c. 9) E+W+S

In section 45(b), the references to purposes mentioned in and arrangments made under section 28(1) of the 1946 Act shall be construed respectively as including references to purposes mentioned in and arrangements made under section 12 of this Act.

Part II E+W+S Schemes

All delegation schemes in force under section 46 of the M36 Local Government Act 1958 immediately before the coming into operation of this Part of this Schedule shall be amended as follows:—

(a) references to sections 23, 28 and 29 of the 1946 Act shall be construed as referring respectively to sections 10, 12 and 13 of this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

(c) any reference to section 29 of the M37 National Assistance Act 1948 shall be construed as including a reference to section 45 of this Act;

(d) references to sections 22 and 28 of the 1946 Act and section 30 of the National Assistance Act 1948 shall be construed as including references to section 65 of this Act.

Textual Amendments

F190 Para. (b) repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

Marginal Citations

M36 1958 c. 55

M37 1948 c. 29.

Section 78.

SCHEDULE 4 E+W+S ENACTMENTS REPEALED

Modifications etc. (not altering text)

C16 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except for the entries relating to entries relating to (a) sections 31 and 33 of the National Assistance Act 1948 and (b) the National Assistance Act 1948 (Amendment) Act 1962 which have been repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI, it does not reflect any amendments or repeals which may have been made prior to 1.2.1991

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4