- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/12/2020
Point in time view as at 06/04/2016.
Health Services and Public Health Act 1968 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Ss. 1–43 repealed by (E.W.) National Health Service Act 1977 (c. 49), s. 129, Sch. 14 para. 10, Sch. 16 and (S.) National Health Service (Scotland) Act 1978 (c. 29), s. 109,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
[F2(1)For subsection (1) of section 26 of the M1National 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
F2S. 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)
C1The 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 45 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F4S. 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 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)
Textual Amendments
Textual Amendments
Textual Amendments
F8S. 51 repealed by Local Government Act 1972 (c. 70), Sch. 30
Textual Amendments
Textual Amendments
Textual Amendments
(1)The powers exercisable in relation to a patented invention under section 46 of the M2Patents 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, [F12local pharmaceutical services,] [F13primary medical services,] [F14general medical services, personal medical services, [F15primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F16the 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 [F17Chapter 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 [F19II] of the M3National Health Service (Scotland) Act [F191978] [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 [F26section 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 [F27Schedule 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 [F29reference to primary medical services is a reference to primary medical services provided under [F30the 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 [F30the 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
F12Words 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)
F13Words 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)
F14Words 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))
F15Words 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)
F16Words substituted by S.I. 1969/388, Sch. 1
F17Words 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)
F18Words 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)
F19Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)
F20Words 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)
F21S. 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)
F22Word 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)
F23Words 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)
F24Words 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)
F25S. 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)
F26Words 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)
F27Words 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)
F28S. 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)
F29Words 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)
F30Words 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
Textual Amendments
F31S. 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).
Textual Amendments
F32S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5
(1)In the M4Public Health Act 1936 references to vessels, . . . F33, shall be construed as including references to [F34hovercraft within the meaning of the M5Hovercraft Act 1968] and [F35in that Act]“master” shall be construed accordingly.
F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11
F34Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123
F35Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)
F36S. 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
(1)[F37The 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 [F38the National Health Service Commissioning Board or a clinical commissioning group,] F39... F40... [F41or Special Health Authority, Health Board F42... [F43or 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 [F44determined 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[F45, the National Health Service Commissioning Board, a clinical commissioning group] or the council of a [F46non-metropolitan county [F47county borough], metropolitan district] or London borough or the Common Council of the City of London F48. . . ;
[F49(aa)the provision or performance of a primary medical service or primary dental service under [F50either of the 2006 Acts] [F51or 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 [F52[F53the National Health Service Commissioning Board] or] [F54a [F55Local Health Board]] is, by virtue of [F56Chapter 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;
[F57(ba)the provision or performance of a service in accordance with arrangements made under F58... section 17C of the M6National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]
[F59(bb)the provision of a local pharmaceutical service under a pilot scheme [F60established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F61or 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 [F62a Health Board] is, by virtue of Part [F63II] of the [F631978] 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.
F64(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F37the Secretary of State] thinks fit.
[F66(5A)The Secretary of State may by regulations provide for any functions exercisable by a F67... F68... [F69Special Health Authority F70... [F71or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F67... F68... [F69Special Health Authority F70... [F71or Local Health Board]] jointly with one or more other relevant health service bodies; and
[F72(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—
F73(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Special Health Authorities;
F75(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F76(bbb)Local Health Boards; F77...]
(c)NHS trusts.
[F78(d)NHS foundation trusts]]
(6)[F37The 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 [F79and for ancillary administrative purposes]; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
[F80(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.]
F81(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F83“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];
“1947 Act” means the M7National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
in relation to subsection (2)(a) above, [F84any enactment functions under which [F85are social services functions within the meaning] of the M8Local Authority Social Services Act 1970] [F86and the National Health Service Act [F872006]] [F88or for the purposes of the Social Services and Well-being (Wales) Act 2014];
[F96(8A)Expressions used in both this section and the [F972006 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; F98. . .
X1(10)Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
Editorial Information
X1The 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
F37Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F38Words 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)
F39Words 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)
F40Words 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)
F41Words 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)
F42Words 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)
F43Words 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)
F44Words 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)
F45Words 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)
F46Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)
F47Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1
F48Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F49S. 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)
F50Words 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)
F51Words 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)
F52Words 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)
F53Words 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)
F54Words 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)
F55Words 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)
F56Words 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)
F57S. 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))
F58Words 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)
F59S. 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)
F60Words 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)
F61Words 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)
F62Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
F63Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
F64S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
F65S. 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
F66S. 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)
F67Words 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)
F68Words 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)
F69Words 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)
F70Words 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)
F71Words 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)
F72Words 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)
F73S. 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)
F74S. 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)
F75S. 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)
F76S. 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)
F77Word 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
F78S. 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
F79Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
F80S. 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)
F81Ss. 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
F82Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F83Words 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)
F84Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
F85Words 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)
F86Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
F87Words 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)
F88Words 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)
F89Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F90Words 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)
F91Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
F92Words 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)
F93Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
F94Words 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)
F95Words 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)
F96S. 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)
F97Words 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)
F98Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
Modifications etc. (not altering text)
C2References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State
C3S. 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
C4S. 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)
C5S. 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)
C6S. 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
(1)[F100The 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—
[F101(a)“the relevant enactments” means—
(i)Parts III and IV of the M10Children and Young Persons Act 1933,
F102(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F106(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M11Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
F107(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiii)section 7(4) of the M12Family Law Reform Act 1969,
(xiv)the M13Children and Young Persons Act 1969, F108...
F106(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)the M14Children Act 1975
[F110(xviii) the Adoption and Children Act 2002],
[F111(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],
[F112(xx)the Children Act 1989],
[F113(xxi)[F114section 92 of] the Powers of Criminal Courts (Sentencing) Act 2000],
[F115(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;]
[F116(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 [F117the Secretary of State] or the council of a [F118non-metropolitan county, [F119county borough] metropolitan district] or London borough or the Common Council of the City of London [F120or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group 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 [F121[F122a local Health Board is], by virtue of F123... [F124Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006],] under a duty to make arrangements [F125or any service which a F126... 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 F127... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F128and the National Health Service Scotland Act [F1291978]];
(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 [F130a Health Board] is, by virtue of Part [F131II] of the National Health Service (Scotland) Act [F1311978] under a duty to make arrangements [F132or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]
Textual Amendments
F99S. 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
F100Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F101S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
F102S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
F103S. 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)
F104S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
F105S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F106S. 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).
F107S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F108Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F109S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F110S. 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)
F111Words 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)
F112S. 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).
F113S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
F114Words 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)
F115S. 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)
F116S. 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)
F117Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F118Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
F119Words 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
F120Words 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)
F121Words 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)
F122Words 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)
F123Words 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)
F124Words 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)
F125Words 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)
F126Words 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)
F127Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F129Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)
F130Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
F131Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
F132Words 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)
C7S. 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)
C8The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State
C9S. 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
(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, . . . F133.
(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, . . . F134
(3)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F135other than a metropolitan county, or of a [F136county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F137(b)“the relevant enactments” means—
(i)Parts III and IV of the M15Children and Young Persons Act 1933,
F138(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F140(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M16Adoption Act 1958,
(vi)section 3 of the M17Disabled Persons (Employment) Act 1958,
[F141(vii)the M18Children Act 1958,]
[F142(viii)section 9 of the M19Mental 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,
[F143(x)section 9 of the M20Domestic Proceedings and Magistrates’ Courts Act 1978],
(xi)the M21Children and Young Persons Act 1963, except Part II and section 56,
(xii)this Act,
(xiii)the M22Adoption Act 1968,
(xiv)section 7(4) of the M23Family Law Reform Act 1969,
(xv)the M24Children and Young Persons Act 1969,
(xvi)section 43 of the M25Matrimonial Causes Act 1973,
F144(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii)the M26Children Act 1975,
[F145(xix)[F146the Adoption and Children Act 2002]],
[F147(xix)[F148the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],
[F149(xxi)the Children Act 1989],
[F150(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;]
[F151(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 M27National Health Service Act 1946, sections 26(6) and 30(2) of the M28National Assistance Act 1948, sections 45(4) and 46(3) of the M29London 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 M30Local 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 [F152local 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 [F152local 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 [F152local authority] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153
(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F154the [F155council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
F156(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F157(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F1581978], 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
F133Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F134Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F135Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
F136Words 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
F137s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
F138S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F139S. 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)
F140S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F141S. 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).
F142S. 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).
F143S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
F144S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F145S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
F146Words 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)
F147S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
F148Words 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)
F149S. 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).
F150S. 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)
F151S. 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)
F152S. 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)
F153Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F154Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
F155S. 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)
F156S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
F157S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
F158Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28
Modifications etc. (not altering text)
C10S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)
Marginal Citations
(1)[F159The 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 [F160hospitals 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 M31Mental Health Act 1959 and [F160hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M32Mental Health (Scotland) Act 1960 and State hospitals.
Textual Amendments
F159Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F160Words 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)
C11The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State
Marginal Citations
Textual Amendments
F161Ss. 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
Textual Amendments
Textual Amendments
Textual Amendments
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Textual Amendments
F165S. 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
[F167(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
F166S. 71A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 26(2)
F167S. 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
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Textual Amendments
F168S. 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
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Textual Amendments
F169S. 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
Textual Amendments
F170S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII
Textual Amendments
F171S. 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
(1)There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by [F173the 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 [F173the Secretary of State] or the Secretary of State shall be paid into the Exchequer.
Textual Amendments
F173Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
(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 M331946 Act” means the National Health Service Act 1946, and “the M341947 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)
C12The 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
(1)This Act may be cited as the Health Services and Public Health Act 1968, . . . F174
(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
F174Words 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)
C13Power 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
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