Health Services and Public Health Act 1968

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 M1 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, [F1 general medical services, personal medical services, general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F2 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 [F3 Part II of the M2 National Health Service Act 1977], Part [F4 II] of the M3 National Health Service (Scotland) Act [F4 1978] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

[F5 (2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those respective kinds under section 28C of the 1977 Act, section 17C of the 1978 Act or the 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

F1 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))

F2 Words substituted by S.I. 1969/388, Sch. 1

F3 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 44

F4 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)

F5 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)

Marginal Citations

M1 1949 c. 87.

M2 1977 c. 49.

M3 1978 c. 29.

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

F6 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F6 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 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, . . . F8 , shall be construed as including references to [F9 hovercraft within the meaning of the M5 Hovercraft Act 1968] and [F10 in that Act]“master” shall be construed accordingly.

(2) This section shall have effect in Scotland as if, [F11 the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M6 Food and Drugs (Scotland) Act 1956.

Textual Amendments

F8 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11

F9 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123

F10 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)

F11 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(b)

Marginal Citations

M4 1936 c. 49.

M5 1968 c. 59.

M6 1956 c. 30.

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) [F12 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 a [F13 Health Authority [F14 or Special Health Authority,Health Board or Primary Care Trust]]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 [F15 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 or the council of a [F16 non-metropolitan county [F17 county borough], metropolitan district] or London borough or the Common Council of the City of London . . . F18 ;

(b) the provision of a service for the provision of which [F13 a Health Authority] is, by virtue of [F19 Part II of the 1977 Act], under a duty to make arrangements and an activity involved in or connected with the provision of such a service;

[F20 (ba) the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the M7 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F21 (bb) the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act 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 [F22 a Health Board] is, by virtue of Part [F23 II] of the [F23 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F12 the Secretary of State] thinks fit.

[F26 (5A) The Secretary of State may by regulations provide for any functions exercisable by a Health Authority [F27 Special Health Authority or Primary Care Trust] under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority [F27 Special Health Authority or Primary Care Trust] jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation 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—

(a) Health Authorities;

(b) Special Health Authorities;

[F28 (bb) Primary Care Trusts]

; and

(c) NHS trusts.]

(6) [F12 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 [F29 and for ancillary administrative purposes]; and

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(8) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

• [“ F32 1977 Act” means the M8 National Health Service Act 1977];

• “1947 Act” means the M9 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F33 any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M10 Local Authority Social Services Act 1970 [F34 and the M11 National Health Service Act 1977];

  (b)

  in relation to subsection (2)(c) above, . . . F35 Part III of the M12 National Assistance Act 1948, [F36 section 39 of the M13 National Health Service Scotland Act 1978][F37 section 45 of this Act and the M14 National Health Service Act 1977].

[F38 (8A) Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.]

(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; . . . F39

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

Textual Amendments

F12 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F13 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)

F14 Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F15 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)

F16 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F17 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F18 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F19 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)

F20 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))

F21 S. 63(2)(bb) inserted (1.7.2002 for W. and otherwiseprosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(5)); S.I. 2002/1475, art. 2(1), Sch.

F22 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F23 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F24 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F25 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

F26 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)

F27 Words in s. 63(5A) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F28 S. 63(5B)(bb) inserted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(c); S.I. 1999/2342, art. 2(3)(a)

F29 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F30 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

F31 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F32 Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)

F33 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F34 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F35 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F36 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F37 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F38 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)

F39 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C1 References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2 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

C3 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)

C4 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)

C5 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

Marginal Citations

M7 1978 c. 29.

M8 1977 c. 49.

M9 1947 c. 27.

M10 1970 c.42.

M11 1977 c. 49.

M12 1948 c. 29

M13 1978 c. 29.

M14 1977 c. 49.

[F40 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W

(1) [F41 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—

[F42 (a) “the relevant enactments” means—

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

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(iii) Part III of the M16 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

F46 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F46 (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the M17 Children and Young Persons Act 1963, except Part II and section 56,

(xi) this Act,

(xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(xiii) section 7(4) of the M18 Family Law Reform Act 1969,

(xiv) the M19 Children and Young Persons Act 1969, . . . F48

F46 (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(xvii) the M20 Children Act 1975]

[F50 (xviii) the National Health Service Act 1977]

[F51 (xviii) the M21 Adoption Act 1976]

[F52 F53 (xx) the Children Act 1989.]

[F52 (xxi) sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]

(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 [F54 the Secretary of State] or the council of a [F55 non-metropolitan county, [F56 county borough]metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F57 a Health Authority are, by virtue of Part II of the M22 National Health Service Act 1977,], under a duty to make arrangements; 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 . . . F58 , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F59 and the National Health Service Scotland Act [F60 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 [F61 a Health Board] is, by virtue of Part [F62 II] of the National Health Service (Scotland) Act [F62 1978] under a duty to make arrangements; and”]

Textual Amendments

F40 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

F41 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F42 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F43 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F44 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F45 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F46 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).

F47 S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F48 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F49 S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F50 S. 64(3)(a)(xviii) added by National Health Service Act 1977 (c. 49), Sch. 15 para. 46(c)

F51 S. 64(3)(a)(xviii) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 9

F52 S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F53 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).

F54 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F55 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F56 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

F57 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)

F58 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F59 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F60 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F61 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F62 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

Modifications etc. (not altering text)

C6 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)

C7 The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

Marginal Citations

M15 1933 c. 12.

M16 1948 c. 29.

M17 1963 c. 37.

M18 1969 c. 46.

M19 1969 c. 54.

M20 1975 c. 72.

M21 1976 c. 36.

M22 1946 c. 81.

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, . . . F63 .

(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, . . . F64

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F65 other than a metropolitan county, or of a [F66 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F67 (b) “the relevant enactments” means—

(i) Parts III and IV of the M23 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(iii) Part III of the M24 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(v) the M25 Adoption Act 1958,

(vi) section 3 of the M26 Disabled Persons (Employment) Act 1958,

[F70 (vii) the M27 Children Act 1958,]

[F71 (viii) section 9 of the M28 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,

[F72 (x) section 9 of the M29 Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi) the M30 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M31 Adoption Act 1968,

(xiv) section 7(4) of the M32 Family Law Reform Act 1969,

(xv) the M33 Children and Young Persons Act 1969,

(xvi) section 43 of the M34 Matrimonial Causes Act 1973,

(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(xviii) the M35 Children Act 1975,

[F74 (xix) the M36 National Health Service Act 1977],

[F75 (xix) the M37 Adoption Act 1976],

[F76 F77 (xxi) the Children Act 1989.]

[F76 (xxii) sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]

(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 M38 National Health Service Act 1946, sections 26(6) and 30(2) of the M39 National Assistance Act 1948, sections 45(4) and 46(3) of the M40 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 M41 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 [F78 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 [F78 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 [F78 local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F80 the [F81 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

[F83 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F84 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

F63 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F64 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F65 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F66 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

F67 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F68 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F69 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F70 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).

F71 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).

F72 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F73 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F74 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F75 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F76 S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33

F77 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).

F78 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)

F79 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F80 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F81 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)

F82 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F83 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F84 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28

Modifications etc. (not altering text)

C8 S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

Marginal Citations

M23 1933 c. 12.

M24 1948 c. 29.

M25 1958 c. 5 (7 & 8 Eliz. 2).

M26 1958 c. 33 (6 & 7 Eliz. 2).

M27 1958 c. 65

M28 1959 c. 72.

M29 1978 c. 22.

M30 1963 c. 37.

M31 1968 c. 53.

M32 1969 c. 46.

M33 1969 c. 54.

M34 1973 c. 18.

M35 1975 c. 72.

M36 1977 c. 49.

M37 1976 c. 36.

M38 1946 c. 81.

M39 1948 c. 29.

M40 1963 c. 33.

M41 1958 c. 55.

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

(1) [F85 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 [F86 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 M42 Mental Health Act 1959 and [F86 hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M43 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F85 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F86 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)

C9 The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

M42 1959 c. 72.

M43 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87 E+W+S

Textual Amendments

F87 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88 E+W+S

Textual Amendments

F88 Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89 E+W+S

Textual Amendments

F89 S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90 E+W+S

Textual Amendments

F90 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

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

(1) With a view to preventing the spread of—

(a) any infectious disease, or

(b) any food poisoning to which section 22(1) of the M44 Food and Drugs (Scotland) Act 1956 applies,

a person who is at work may be requested by the [F91 designated medical officer] for the place where the person is at work, by notice in writing, to discontinue his work.

(2) The local authority for the place in question shall compensate a person who has suffered any loss in complying with a request under this section; and any dispute arising under this subsection, whether as to the fact of loss or as to the amount of any compensation, shall be determined by a single arbiter, who, failing agreement between the parties, shall be appointed by the sheriff.

F92 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This section applies to Scotland only.

Textual Amendments

F91 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 138

F92 S. 71(3) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 177 and repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M44 1956 c. 30.

[F93 71A Fees for certificates relating to notifiable diseases and food poisoning. E+W+S

(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

F93 S. 71A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 26(2)

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

(1) If the sheriff (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F94 designated medical officer] for any district—

(a) that there is reason to believe that some person in the district is or has been suffering from an infectious disease, or, though not suffering from such a disease, is carrying an organism that is capable of causing it, and

(b) that in his own interest, or in the interest of his family, or in the public interest, it is expedient that he should be medically examined, and

(c) that he is not under the treatment of a registered medical practitioner, or that the registered medical practitioner who is treating him consents to the making of an order under this section,

the sheriff may order him to be medically examined by the [F94 designated medical officer], or by a registered medical practitioner nominated by the [F94 designated medical officer].

(2) If the sheriff (acting if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F94 designated medical officer] for any district—

(a) that there is reason to believe that one of a group of persons, though not suffering from an infectious disease, is carrying an organism that is capable of causing it; and

(b) that in the interest of those persons or their families, or in the public interest, it is expedient that those persons should be medically examined,

the sheriff may order them to be medically examined by the [F94 designated medical officer] or by a registered medical practitioner nominated by the [F94 designated medical officer].

(3) In this section, references to a person’s being medically examined shall be construed as including references to his being submitted to bacteriological and radiological tests and similar investigations, and references to the sheriff shall be construed, in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.

(4) This section applies to Scotland only.

Textual Amendments

F94 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 139

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

(1) Subject to the provisions of this section, the [F95 designated medical officer] for any district shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises in that district at all reasonable hours for the purpose of the performance of any duty imposed on him by—

(a) the M45 Infectious Disease (Notification) Act 1889; or

(b) the Public Health (Scotland) Acts 1897 to 1945; or

(c) this Act;

or, if he has reason to believe that any infectious disease exists, or has recently existed, in the premises, for the purpose of inspecting the premises.

(2) If the sheriff, on a written certificate issued by the [F95 designated medical officer] for any district,—

(a) is satisfied that there are reasonable grounds for entry into any premises for any such purpose as aforesaid, and

(b) is also satisfied either—

(i) that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or

(iii) that the case is one of urgency, or

(iv) that the premises are unoccupied or that the occupier is temporarily absent,

he may by warrant under his hand authorise the [F95 designated medical officer] to enter the premises, if need be by force.

(3) A [F95 designated medical officer] entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and, on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.

(4) Every warrant granted under this section shall continue in force for a period of one month.

(5) If—

(a) any person who, in compliance with the provisions of this section, or of a warrant issued thereunder, enters a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or

(b) any person to whom by reason of his official position any information obtained as aforesaid is communicated, discloses that information to any person,

he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence against this section.

(6) A person who wilfully obstructs any person acting in the execution of this section or of a warrant issued thereunder shall be guilty of an offence against this section.

(7) A person who fails to give to any person acting in the execution of this section or of any warrant issued thereunder any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by any enactment to call for or may reasonably require, or who, when required to give any such information, knowingly makes any mis-statement in respect thereof, shall be guilty of an offence against this section:

Provided that nothing in this subsection shall be construed as requiring a person to answer any question, or give any information, if to do so might incriminate him.

(8) A person guilty of an offence against this section shall be liable on summary conviction to a fine not exceeding [F96 level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(9) In this section . . . F97 references to the sheriff shall be construed in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.

(10) This section applies to Scotland only.

Textual Amendments

F95 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), s. 64(1), Sch. 6 para. 140

F96 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F97 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C10 Functions of burgh magistrates now exercisable by justices of the peace: District Courts (Scotland) Act 1975 (c. 20), s. 1(2)

Marginal Citations

M45 1889 c. 72.

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98 E+W+S

Textual Amendments

F98 S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99 E+W+S

Textual Amendments

F99 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100 E+W+S

Textual Amendments

F100 S. 76 repealed (with saving) by S.I. 1981/127, arts. 3, 4, 5, Sch. 1