National Health Service Act 2006

Section 5

SCHEDULE 1 E+W Further provision about the Secretary of State and services under this Act

Medical inspection of pupils E+W

1 E+W [F1 A local authority] must provide for the medical inspection at appropriate intervals of pupils in attendance at schools maintained by [F2 the local authority] and for the medical treatment of such pupils.

Textual Amendments

F1 Words in Sch. 1 para. 1 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(3)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in Sch. 1 para. 1 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

2 (1) [F3 A local authority] may F4 ... provide for any medical inspection or treatment of— E+W

(a) senior pupils in attendance at any educational establishment, other than a school, which is maintained by the authority and at which full-time further education is provided, or

(b) any child or young person who, in pursuance of section 19 [F5 or 19A] [F6 or 319] of the Education Act 1996 (c. 56) [F7 or section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018], is receiving primary or secondary education otherwise than at a school.

(2) [F8 A local authority] may, by arrangement with the proprietor of any educational establishment [F9 in its area] which is not maintained by [F10 the local authority], provide for any medical inspection or treatment of junior or senior pupils in attendance at the establishment.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in Sch. 1 para. 2(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(4)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in Sch. 1 para. 2(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(4)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in Sch. 1 para. 2(1)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 53 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F6 Words in Sch. 1 para. 2(1)(b) omitted (1.9.2021 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 11(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2)

F7 Words in Sch. 1 para. 2(1)(b) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 11(b); S.I. 2021/373, art. 8(j)(xxiii)

F8 Words in Sch. 1 para. 2(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(4)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 Words in Sch. 1 para. 2(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(4)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in Sch. 1 para. 2(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(4)(b)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 Sch. 1 para. 2(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(4)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

3 E+W An arrangement under paragraph [F12 2(2)] may provide for payments by the proprietor in question.

Textual Amendments

F12 Word in Sch. 1 para. 3 substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 14 para. 6; S.I. 2009/462, art. 5

4 E+W [F13 A local authority may not provide for any medical inspection or treatment] under paragraph 2(1)(a) unless the governing body of the educational establishment agrees to [F14 the inspection or (as the case may be) treatment].

Textual Amendments

F13 Words in Sch. 1 para. 4 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14 Words in Sch. 1 para. 4 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

5 (1) Sub-paragraph (2) applies to— E+W

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) each governing body of a foundation, voluntary or foundation special school, in respect of the school.

(2) The F16 ... governing body must make available to [F17 a local authority] such accommodation as is appropriate for the purpose of assisting [F18 it] to make provision under paragraph 1 in relation to the pupils in attendance at the schools or school in question.

Textual Amendments

F15 Sch. 1 para. 5(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(6)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16 Words in Sch. 1 para. 5(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(6)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 Words in Sch. 1 para. 5(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(6)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18 Word in Sch. 1 para. 5(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(6)(b)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

6 E+W In paragraphs 1 to 5 any expression to which a meaning is given for the purposes of the Education Act 1996 (c. 56) or the School Standards and Framework Act 1998 (c. 31) has that meaning.

7 E+W Any charge made under regulations under this Act in respect of the supply of drugs, medicines or appliances must be disregarded for the purposes of paragraphs 1 and 2.

[F19 Weighing and measuring of children E+W

Textual Amendments

F19 Sch. 1 paras. 7A, 7B and cross-heading inserted (21.7.2008 for specified purposes, 1.10.2008 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 143(1), 170 (with s. 143(2)); S.I. 2008/2497, art. 6

7A (1) [F20 A local authority] may F21 ... provide for the weighing and measuring of junior pupils in attendance at any school which is maintained by the authority. E+W

(2) [F20 A local authority] may, by arrangement with the proprietor of any school [F22 in its area] which is not maintained by [F23 the local authority], provide for the weighing and measuring of junior pupils in attendance at that school.

(3) [F20 A local authority] may, by arrangement with any person who is registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision, provide for the weighing and measuring of young children for whom childcare is provided by that person.

(4) In sub-paragraphs (1) and (2) any expression to which a meaning is given for the purposes of the Education Act 1996 or the School Standards and Framework Act 1998 has the same meaning as in that Act; and in sub-paragraph (3) any expression to which a meaning is given for the purposes of Part 3 of the Childcare Act 2006 has the same meaning as in that Part.

Textual Amendments

F20 Words in Sch. 1 para. 7A substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F21 Words in Sch. 1 para. 7A(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(7)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F22 Words in Sch. 1 para. 7A(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(c)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F23 Words in Sch. 1 para. 7A(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(c)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

7B (1) The Secretary of State may by regulations— E+W

(a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned,

(b) require any weighing and measuring provided for [F24 by a local authority] under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements,

(c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and

(d) make other provision regulating the processing of information resulting from any weighing or measuring provided for [F25 by a local authority] under paragraph 7A [F26 and of any other prescribed information relating to the children concerned].

(2) Regulations made under sub-paragraph (1) may require any person exercising functions in relation to any weighing or measuring to which the regulations apply or in relation to information resulting from such weighing or measuring [F27 or in relation to information prescribed under sub-paragraph (1)] to have regard to any guidance given from time to time by the Secretary of State.

(3) In sub-paragraph (1)(d), “ processing ”, in relation to information, [F28 has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act)].

(4) Regulations under this paragraph cannot include provision by virtue of section 272(8)(a) amending or repealing an Act.]

Textual Amendments

F24 Words in Sch. 1 para. 7B(1)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F25 Words in Sch. 1 para. 7B(1)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F26 Words in Sch. 1 para. 7B(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F27 Words in Sch. 1 para. 7B(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F28 Words in Sch. 1 para. 7B(3) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 116 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[F29 Supply of blood and other human tissues E+W

Textual Amendments

F29 Sch. 1 para. 7C and cross-heading inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

7C E+W The Secretary of State must for the purposes of the health service make arrangements for—

(a) collecting, screening, analysing, processing and supplying blood or other tissues,

(b) preparing blood components and reagents, and

(c) facilitating tissue and organ transplantation.]

Contraceptive services E+W

8 E+W The Secretary of State must arrange, to such extent as he considers necessary to meet all reasonable requirements, for—

(a) the giving of advice on contraception,

(b) the medical examination of persons seeking advice on contraception,

(c) the treatment of such persons, and

(d) the supply of contraceptive substances and appliances.

Provision of vehicles for disabled persons E+W

9 [F30 (1)] [F31 A clinical commissioning group may make arrangements for the provision of] vehicles (including wheelchairs) for [F32 persons for whom the group has responsibility and who appear to it to have a physical impairment] which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. E+W

[F33 (2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply for the purposes of that section.]

Textual Amendments

F30 Sch. 1 para. 9(1): Sch. 1 para. 9 renumbered as Sch. 1 para. 9(1) (1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 17(10)(a), 306(4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F31 Words in Sch. 1 para. 9(1) substituted (1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 17(10)(b)(i), 306(4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F32 Words in Sch. 1 para. 9(1) substituted (1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 17(10)(b)(ii), 306(4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F33 Sch. 1 para. 9(2) inserted (1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 17(10)(c), 306(4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

10 (1) Sub-paragraphs (2) and (3) apply in respect of— E+W

(a) a vehicle provided [F34 in pursuance of arrangements made] under paragraph 9, and

(b) a vehicle belonging to a person mentioned in that paragraph.

(2) [F35 The clinical commissioning group may make arrangements for] —

(a) [F36 the adaptation of] the vehicle to make it suitable for the circumstances of the person in question,

(b) [F37 the maintenance and repair of] the vehicle,

(c) [F38 the taking out of] insurance policies relating to the vehicle and [F39 the payment of] any duty with which the vehicle is chargeable under the Vehicle Excise and Registration Act 1994 (c. 22),

(d) [F40 the provision of] a structure in which the vehicle may be kept, and [F40 the provision of] all material and [F41 the execution of] all works necessary to erect the structure.

(3) [F42 A clinical commissioning group] may make payments by way of grant towards costs incurred by a person mentioned in paragraph 9 in respect of any matter mentioned in sub-paragraph (4) in relation to the vehicle.

(4) The matters are—

(a) the taking of action referred to in sub-paragraph (2),

(b) the purchase of fuel for the purposes of the vehicle, so far as the cost of the purchase is attributable to duties of excise payable in respect of the fuel, and

(c) the taking of instruction in the driving of the vehicle.

(5) The powers under sub-paragraph (2) and sub-paragraph (3) may be exercised on such terms and subject to such conditions as [F43 the clinical commissioning group] may determine.

Textual Amendments

F34 Words in Sch. 1 para. 10(1)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F35 Words in Sch. 1 para. 10(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F36 Words in Sch. 1 para. 10(2)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F37 Words in Sch. 1 para. 10(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F38 Words in Sch. 1 para. 10(2)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(iv), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F39 Words in Sch. 1 para. 10(2)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(v), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F40 Words in Sch. 1 para. 10(2)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(vi), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F41 Words in Sch. 1 para. 10(2)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(b)(vii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42 Words in Sch. 1 para. 10(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F43 Words in Sch. 1 para. 10(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(11)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

11 E+W Regulations may provide for any incidental or supplementary matter for which it appears to the Secretary of State necessary or expedient to provide in connection with—

(a) the taking of action under paragraph 10(2), or

(b) the making of any payment under paragraph 10(3).

Provision of a microbiological service by the Secretary of State E+W

12 (1) The Secretary of State may— E+W

F44 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) carry on such F45 ... activities as in his opinion can conveniently be carried on in conjunction with [F46 a microbiological service provided under section 2A].

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Charges may be made for services or materials supplied.

(4) A power under this paragraph may be exercised both for the purposes of the health service and for other purposes.

Textual Amendments

F44 Sch. 1 para. 12(1)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(12)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F45 Word in Sch. 1 para. 12(1)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(12)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F46 Words in Sch. 1 para. 12(1)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(12)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F47 Sch. 1 para. 12(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(12)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F48 Powers in relation to research etc.] E+W

Textual Amendments

F48 Sch. 1 para. 13 and cross-heading substituted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 17(13), 306(4); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F48 13 (1) The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the conduct of research into— E+W

(a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and

(b) any such other matters connected with any service provided under this Act as the Secretary of State, the Board or the clinical commissioning group (as the case may be) considers appropriate.

(2) A local authority may conduct, commission or assist the conduct of research for any purpose connected with the exercise of its functions in relation to the health service.

(3) The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose connected with the exercise of its functions in relation to the health service—

(a) obtain and analyse data or other information;

(b) obtain advice from persons with appropriate professional expertise.

(4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to do so by providing financial assistance or making the services of any person or other resources available.

(5) In this paragraph, “local authority” has the same meaning as in section 2B.]