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Health Services and Public Health Act 1968

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Health Services and Public Health Act 1968, Section 63 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 59(2D) inserted by S.I. 2006/1056 Sch. para. 1(2)(c) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
  • s. 63(2)(aa) words inserted by S.I. 2006/1056 Sch. para. 1(3) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

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)[F1The 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 [F2[F3NHS England] or [F4an integrated care board],] F5... F6... [F7or Special Health Authority, Health Board F8... [F9or 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 [F10determined 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[F11, [F3NHS England], [F12an integrated care board]] or the council of a [F13non-metropolitan county [F14county borough], metropolitan district] or London borough or the Common Council of the City of London F15. . . ;

[F16(aa)the provision or performance of a primary medical service or primary dental service under [F17either of the 2006 Acts] [F18or 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 [F19[F20the National Health Service Commissioning Board] or] [F21a [F22Local Health Board]] is, by virtue of [F23Chapter 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;

[F24(ba)the provision or performance of a service in accordance with arrangements made under F25... section 17C of the M1National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F26(bb)the provision of a local pharmaceutical service under a pilot scheme [F27established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F28or 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 [F29a Health Board] is, by virtue of Part [F30II] of the [F301978] 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.

F31(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F1the Secretary of State] thinks fit.

[F33(5A)The Secretary of State may by regulations provide for any functions exercisable by a F34... F35... [F36Special Health Authority F37... [F38or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F34... F35... [F36Special Health Authority F37... [F38or Local Health Board]] jointly with one or more other relevant health service bodies; and

[F39(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—

F40(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Special Health Authorities;

F42(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(bbb)Local Health Boards; F44...]

(c)NHS trusts.

[F45(d)NHS foundation trusts]]

(6)[F1The 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 [F46and for ancillary administrative purposes]; and

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

[F47(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.]

F48(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F50“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];

  • “1947 Act” means the M2National Health Service (Scotland) Act 1947;

  • “the relevant enactments” means—

    (a)

    in relation to subsection (2)(a) above, [F51any enactment functions under which [F52are social services functions within the meaning] of the M3Local Authority Social Services Act 1970] [F53and the National Health Service Act [F542006]] [F55or for the purposes of the Social Services and Well-being (Wales) Act 2014];

    (b)

    in relation to subsection (2)(c) above, F56... F57..., [F58section 39 of the M4National Health Service Scotland Act 1978] F59... [F60the [F612006 Acts]] [F62and Part 4 of the Social Services and Well-being (Wales) Act 2014].

[F63(8A)Expressions used in both this section and the [F642006 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; F65. . .

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

Editorial Information

X1The text of ss. 63(10), 78(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F1Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F7Words 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)

F9Words 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)

F14Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F19Words 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)

F21Words 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)

F26S. 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)

F27Words 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)

F33S. 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)

F36Words 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)

F38Words 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)

F43S. 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)

F47S. 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)

F52Words 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)

F63S. 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)

Modifications etc. (not altering text)

C1References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2S. 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

C3S. 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)

C4S. 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)

C5S. 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

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