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 local pharmaceutical services,] [F2 primary medical services,] [F3 general medical services, personal medical services, [F4 primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F5 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 [F6 Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006] [F7 (in the case of pharmaceutical services)], Part [F8 II] of the M2 National Health Service (Scotland) Act [F8 1978] [F9 (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.

[F10 (2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F11 ... kinds under F12 ... section 17C of the 1978 Act [F13 (in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

[F14 (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 [F15 section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006];

(b) an LPS scheme established under [F16 Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006]; or

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

[F17 (2C) In subsection (1), the [F18 reference to primary medical services is a reference to primary medical services provided under [F19 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006], Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to] primary dental services provided under [F19 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

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

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

Textual Amendments

F1 Words in s. 59(1) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(a) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F2 Words in s. 59(1) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(a); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F3 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))

F4 Words in s. 59(1) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(b); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a)

F5 Words substituted by S.I. 1969/388, Sch. 1

F6 Words in s. 59(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 35 (with Sch. 3 Pt. 1)

F7 Words in s. 59(2) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(3); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F8 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)

F9 Words in s. 59(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(a)

F10 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)

F11 Word in s. 59(2A) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(i)

F12 Words in s. 59(2A) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(4), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F13 Words in s. 59(2A) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(ii)

F14 S. 59(2B) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F15 Words in s. 59(2B)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(a) (with Sch. 3 Pt. 1)

F16 Words in s. 59(2B)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(b) (with Sch. 3 Pt. 1)

F17 S. 59(2C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(5); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F18 Words in s. 59(2C) substituted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(c)

F19 Words in s. 59(2C) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 37 (with Sch. 3 Pt. 1)

Marginal Citations

M1 1949 c. 87.

M2 1978 c. 29.

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

F20 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F20 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W+S

Textual Amendments

F21 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 M3 Public Health Act 1936 references to vessels, . . . F22 , shall be construed as including references to [F23 hovercraft within the meaning of the M4 Hovercraft Act 1968] and [F24 in that Act]“master” shall be construed accordingly.

F25 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11

F23 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123

F24 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)

F25 S. 62(2) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

Marginal Citations

M3 1936 c. 49.

M4 1968 c. 59.

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

(1) [F26 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 [F27 the National Health Service Commissioning Board or a clinical commissioning group,] F28 ... F29 ... [F30 or Special Health Authority, Health Board F31 ... [F32 or Local Health Board]] such instruction as appears to him conducive to securing their efficiency as such officers or servants;

(b) provide, for persons (other than such as are mentioned in the foregoing paragraph) of such class as may be [F33 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[F34 , the National Health Service Commissioning Board, a clinical commissioning group] or the council of a [F35 non-metropolitan county [F36 county borough], metropolitan district] or London borough or the Common Council of the City of London F37 . . . ;

[F38 (aa) the provision or performance of a primary medical service or primary dental service under [F39 either of the 2006 Acts] [F40 or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978] and an activity involved in or connected with the provision or performance of such a service;]

(b) the provision of a service for the provision of which [F41 [F42 the National Health Service Commissioning Board] or] [F43 a [F44 Local Health Board]] is, by virtue of [F45 Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006], under a duty to make arrangements and an activity involved in or connected with the provision of such a service;

[F46 (ba) the provision or performance of a service in accordance with arrangements made under F47 ... section 17C of the M5 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F48 (bb) the provision of a local pharmaceutical service under a pilot scheme [F49 established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F50 or an LPS scheme established under either of the 2006 Acts] or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;]

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

(d) the provision of a service for the provision of which [F51 a Health Board] is, by virtue of Part [F52 II] of the [F52 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.

F53 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F26 the Secretary of State] thinks fit.

[F55 (5A) The Secretary of State may by regulations provide for any functions exercisable by a F56 ... F57 ... [F58 Special Health Authority F59 ... [F60 or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F56 ... F57 ... [F58 Special Health Authority F59 ... [F60 or Local Health Board]] jointly with one or more other relevant health service bodies; and

[F61 (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—

F62 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Special Health Authorities;

F64 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65 (bbb) Local Health Boards; F66 ...]

(c) NHS trusts.

[F67 (d) NHS foundation trusts]]

(6) [F26 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 [F68 and for ancillary administrative purposes]; and

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

[F69 (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.]

F70 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

• F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F72 “2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];

• “1947 Act” means the M6 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F73 any enactment functions under which [F74 are social services functions within the meaning] of the M7 Local Authority Social Services Act 1970] [F75 and the National Health Service Act [F76 2006]] [F77 or for the purposes of the Social Services and Well-being (Wales) Act 2014];

  (b)

  in relation to subsection (2)(c) above, F78 ... F79 ... , [F80 section 39 of the M8 National Health Service Scotland Act 1978] F81 ... [F82 the [F83 2006 Acts]] [F84 and Part 4 of the Social Services and Well-being (Wales) Act 2014].

[F85 (8A) Expressions used in both this section and the [F86 2006 Acts have the same meaning in this section as in those Acts].]

(9) This section shall have effect in Scotland as if, for any reference therein (other than a reference in subsection (2) thereof) to the Minister of Health, there were substituted a reference to the Secretary of State; F87 . . .

X1 (10) Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.

Editorial Information

X1 The text of ss. 63(10), 78(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F26 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F27 Words in s. 63(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(a); S.I. 2012/1831, art. 2(2)

F28 Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F29 Words in s. 63(1)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(a)

F30 Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F31 Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F32 Words in s. 63(1)(a) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F33 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)

F34 Words in s. 63(2)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F35 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F36 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F37 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F38 S. 63(2)(aa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(a); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F39 Words in s. 63(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(a) (with Sch. 3 Pt. 1)

F40 Words in s. 63(2)(aa) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(3)

F41 Words in s. 63(2)(b) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 40(2); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)

F42 Words in s. 63(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F43 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)

F44 Words in s. 63(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(b)

F45 Words in s. 63(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(b) (with Sch. 3 Pt. 1)

F46 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))

F47 Words in s. 63(2)(ba) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F48 S. 63(2)(bb) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F49 Words in s. 63(2)(bb) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 2; S.I. 2010/30, art. 2(b)

F50 Words in s. 63(2)(bb) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(c) (with Sch. 3 Pt. 1)

F51 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F52 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F53 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F54 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

F55 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)

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

F57 Words in s. 63(5A) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(c)

F58 Words in s. 63(5A) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F59 Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F60 Words in s. 63(5A) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F61 Words in s. 63(5A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(d) (with Sch. 3 Pt. 1)

F62 S. 63(5B)(za) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F63 S. 63(5B)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(d)

F64 S. 63(5B)(bb) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F65 S. 63(5B)(bbb) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F66 Word in s. 63(5B)(bbb) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14, Sch. 14 Pt. 1; S.I. 2004/759, art. 2

F67 S. 63(5B)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14; S.I. 2004/759, art. 2

F68 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F69 S. 63(6A)(6B) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 97(7), 127(1); S.I. 2014/2473, art. 4(2)(a)

F70 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

F71 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F72 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(i) (with Sch. 3 Pt. 1)

F73 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F74 Words in s. 63(8) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(3), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(2)(f)

F75 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F76 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(ii) (with Sch. 3 Pt. 1)

F77 Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(a)

F78 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F79 Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(i)

F80 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F81 Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(ii)

F82 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F83 Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(iii) (with Sch. 3 Pt. 1)

F84 Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(iii)

F85 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)

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

F87 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 S. 63(1)(5)(6) functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

M5 1978 c. 29.

M6 1947 c. 27.

M7 1970 c.42.

M8 1978 c. 29.

[F88 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W

(1) [F89 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—

[F90 (a) “the relevant enactments” means—

(i) Parts III and IV of the M9 Children and Young Persons Act 1933,

F91 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F95 (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the M10 Children and Young Persons Act 1963, except Part II and section 56,

(xi) this Act,

F96 (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii) section 7(4) of the M11 Family Law Reform Act 1969,

(xiv) the M12 Children and Young Persons Act 1969, F97 ...

F95 (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98 (xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii) the M13 Children Act 1975

[F99 (xviii) the Adoption and Children Act 2002],

[F100 (xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],

[F101 (xx) the Children Act 1989],

[F102 (xxi) [F103 section 92 of] the Powers of Criminal Courts (Sentencing) Act 2000],

[F104 (xxii) Part 1 of the Criminal Justice and Immigration Act 2008;]

[F105 (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 [F106 the Secretary of State] or the council of a [F107 non-metropolitan county, [F108 county borough] metropolitan district] or London borough or the Common Council of the City of London [F109 or 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 [F110 [F111 a local Health Board is], by virtue of F112 ... [F113 Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006],] under a duty to make arrangements [F114 or any service which a F115 ... 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 F116 ... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F117 and the National Health Service Scotland Act [F118 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 [F119 a Health Board] is, by virtue of Part [F120 II] of the National Health Service (Scotland) Act [F120 1978] under a duty to make arrangements [F121 or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]

Textual Amendments

F88 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

F89 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F90 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F91 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F92 S. 64(3)(a)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(a)

F93 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F94 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F95 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).

F96 S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F97 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F98 S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F99 S. 64(3)(a)(xviii) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 10 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F100 Words in s. 64(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(a) (with Sch. 3 Pt. 1)

F101 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).

F102 S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F103 Words in s. 64(3)(a)(xxi) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F104 S. 64(3)(a)(xxii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F105 S. 64(3)(a)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(b)

F106 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F107 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F108 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

F109 Words in s. 64(3)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F110 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)

F111 Words in s. 64(3)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F112 Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F113 Words in s. 64(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(b) (with Sch. 3 Pt. 1)

F114 Words in s. 64(3)(b) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 5; S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F115 Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F116 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F117 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F118 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F119 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F120 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

F121 Words in s. 64(4) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(4)

Modifications etc. (not altering text)

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

C8 S. 64(1) functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

M9 1933 c. 12.

M10 1963 c. 37.

M11 1969 c. 46.

M12 1969 c. 54.

M13 1975 c. 72.

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

(1) A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F122 .

(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, . . . F123

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F124 other than a metropolitan county, or of a [F125 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F126 (b) “the relevant enactments” means—

(i) Parts III and IV of the M14 Children and Young Persons Act 1933,

F127 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the M15 Adoption Act 1958,

(vi) section 3 of the M16 Disabled Persons (Employment) Act 1958,

[F130 (vii) the M17 Children Act 1958,]

[F131 (viii) section 9 of the M18 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,

[F132 (x) section 9 of the M19 Domestic Proceedings and Magistrates’ Courts Act 1978],

(xi) the M20 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M21 Adoption Act 1968,

(xiv) section 7(4) of the M22 Family Law Reform Act 1969,

(xv) the M23 Children and Young Persons Act 1969,

(xvi) section 43 of the M24 Matrimonial Causes Act 1973,

F133 (xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xviii) the M25 Children Act 1975,

[F134 (xix) [F135 the Adoption and Children Act 2002]],

[F136 (xix) [F137 the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],

[F138 (xxi) the Children Act 1989],

[F139 (xxii) Part 1 of the Criminal Justice and Immigration Act 2008;]

[F140 (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 M26 National Health Service Act 1946, sections 26(6) and 30(2) of the M27 National Assistance Act 1948, sections 45(4) and 46(3) of the M28 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 M29 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 [F141 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 [F141 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 [F141 local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F143 the [F144 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

F145 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F146 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F147 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

F122 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F123 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F124 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F125 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

F126 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F127 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F128 S. 65(3)(b)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(a)

F129 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F130 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).

F131 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).

F132 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F133 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F134 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F135 Words in s. 65(3)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 11 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F136 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F137 Words in s. 65(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 40 (with Sch. 3 Pt. 1)

F138 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).

F139 S. 65(3)(b)(xxii) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 10 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F140 S. 65(3)(b)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(b)

F141 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)

F142 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F143 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F144 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)

F145 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F146 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F147 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28

Modifications etc. (not altering text)

C9 S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

Marginal Citations

M14 1933 c. 12.

M15 1958 c. 5 (7 & 8 Eliz. 2).

M16 1958 c. 33 (6 & 7 Eliz. 2).

M17 1958 c. 65

M18 1959 c. 72.

M19 1978 c. 22.

M20 1963 c. 37.

M21 1968 c. 53.

M22 1969 c. 46.

M23 1969 c. 54.

M24 1973 c. 18.

M25 1975 c. 72.

M26 1946 c. 81.

M27 1948 c. 29.

M28 1963 c. 33.

M29 1958 c. 55.

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

(1) [F148 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 [F149 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 M30 Mental Health Act 1959 and [F149 hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M31 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F148 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F149 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)

C10 The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

M30 1959 c. 72.

M31 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150 E+W+S

Textual Amendments

F150 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151 E+W+S

Textual Amendments

F151 Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152 E+W+S

Textual Amendments

F152 S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153 E+W+S

Textual Amendments

F153 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

F154 71 Compensation for stopping employment to prevent spread of disease in Scotland. S

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

Textual Amendments

F154 S. 71 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

[F155 71A Fees for certificates relating to notifiable diseases and food poisoning. E+W+S

[F156 (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

F155 S. 71A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 26(2)

F156 S. 71A repealed (1.1.2010 for the repeal of s. 71A(1)(a)(c)) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/404, art. 2(3), Sch. 3

F157 72 Powers of sheriff, &c. to order a medical examination in Scotland. E+W+S

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

Textual Amendments

F157 S. 72 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

F158 73 Power of medical officers of health to enter premises in Scotland. E+W+S

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

Textual Amendments

F158 S. 73 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159 E+W+S

Textual Amendments

F159 S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160 E+W+S

Textual Amendments

F160 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161 E+W+S

Textual Amendments

F161 S. 76 repealed (with saving) by S.I. 1981/127, arts. 3, 4, 5, Sch. 1