Health Services and Public Health Act 1968

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

(1) The Minister of Health 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 Regional Hospital Board constituted under the 1946 Act or the 1947 Act or a Board of Governors of a teaching hospital, 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 specified in regulations made by him with the approval of the Treasury 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 county, county borough or London borough or the Common Council of the City of London or the Greater London Council;

(b) the provision of a service for the provision of which an Executive Council is, by virtue of Part IV of the 1946 Act, under a duty to make arrangements 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 an Executive Council is, by virtue of Part IV of the 1947 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) The Minister of Health may allow instruction provided under this section to be given to persons other than persons described in subsection (1) above, and he may under this section provide instruction to an extent greater than that necessitated by the requirements of persons so described if he thinks it expedient so to do in order to allow such other persons to receive such instruction.

(4) Subject to and in accordance with such directions as may be given by the Minister of Health, the powers conferred on him by subsection (1) above may be exercised, on his behalf, by a Regional Hospital Board constituted under the 1946 Act, a Board of Governors of a teaching hospital or an Executive Council constituted under the 1946 Act; and the power conferred on a Regional Hospital Board by this subsection may, subject to and in accordance with such directions as may be given by the said Minister or the Regional Hospital Board, be exercised, on behalf of the Board, by a Hospital Management Committee appointed by them.

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as the Minister of Health thinks fit.

(6) The Minister of Health 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 ; and

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

(7) 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.

(8) In this section—

• " Board of Governors of a teaching hospital " and " Hospital Management Committee " have the same meaning as in the National Health Service Act 1946 ;

• " 1946 Act " means the [1946 c. 81.] National Health Service Act 1946 ;

• " 1947 Act " means the [1947 c. 27.] National Health Service (Scotland) Act 1947;

• " the relevant enactments " means—

  (a)

  in relation to subsection (2)(a) above, section 48 of the [1944 c. 31.] Education Act 1944, the 1946 Act, Part III of the [1948 c. 29.] National Assistance Act 1948, section 4 of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953, the [1967 c. 39.] National Health Service (Family Planning) Act 1967 and Part I of this Act and section 45 thereof;

  (b)

  in relation to subsection (2)(c) above, the 1947 Act, Part III of the National Assistance Act 1948, sections 58 and 59 of the [1962 c. 47.] Education (Scotland) Act 1962 and Part I of this Act and section 45 thereof.

(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; and as if in subsection (4) thereof.—

(a) for references to the 1946 Act, there were substituted references to the 1947 Act;

(b) for the reference to a Hospital Management Committee, there were substituted a reference to a Board of Management constituted under the 1947 Act; and

(c) the reference to a Board of Governors of a teaching hospital were omitted.

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