National Health Service Act 1977

5 Other services. E+W+S

(1) It is the Secretary of State’s duty—

(a) to provide for the medical . . . F1 inspection at appropriate intervals of pupils in attendance at schools maintained by local education authorities F2 . . . and for the medical . . . F1 treatment of such pupils . . . F3 ;

(b) to arrange, to such extent as he considers necessary to meet all reasonable requirements in England and Wales, for the giving of advice on contraception, the medical examination of persons seeking advice on contraception, the treatment of such persons and the supply of contraceptive substances and appliances.

[F4 (1A) It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—

(a) for the dental inspection of pupils in attendance at schools maintained by local education authorities F2 . . .;

(b) for the dental treatment of such pupils; and

(c) for the education of such pupils in dental health.

(1B) Schedule 1 to this Act shall have effect.]

(2) The Secretary of State may—

(a) provide invalid carriages for persons appearing to him to be suffering from severe physical defect or disability and, at the request of such a person, may provide for him a vehicle other than an invalid carriage (and the additional provisions set out in Schedule 2 to this Act have effect in relation to this paragraph);

(b) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) provide a microbiological service, which may include the provision of laboratories, for the control of the spread of infectious diseases [F6 and carry on such other activities as in his opinion can conveniently be carried on in conjunction with that service];

(d) conduct, or assist by grants or otherwise (without prejudice to the general powers and duties conferred on him under the M1 Ministry of Health Act 1919) any person to conduct, research into any matters relating to the causation, prevention, diagnosis or treatment of illness, and into any such other matters connected with any service provided under this Act as he considers appropriate.

[F7 (2A) Charges may be made for service or materials supplied by virtue of paragraph (c) of subsection (2) above; and the powers conferred by that paragraph may be exercised both for the purposes of the health service and for other purposes.]

[F8 (2B) The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

(a) to holidays for patients;

(b) to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c) to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) The Public Health Laboratory Service Board continues in being for the purpose of exercising such functions with respect to the [F10 powers conferred by paragraph (c) of subsection (2) above as the Secretary of State may determine].

(5) The Board shall continue to be constituted in accordance with Part I of Schedule 3 to this Act, and the additional provisions set out in Part II of that Schedule have effect in relation to the Board.

Textual Amendments

F1 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(1)(a), 25(2), Sch. 3

F2 Words in s. 5(1)(a)(1A)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-23)

F3 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F4 S. 5(1A)(1B) inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(1)(b)

F5 S. 5(2)(b) repealed (E.W.) (29.11.2002) by The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 (S.I. 2002/2759), reg. 3(2)

F6 Words substituted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(1)

F7 S. 5(2A) inserted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(2)

F8 S. 5(2B) added by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 9(1)

F9 S. 5(3) repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

F10 Words substituted by Public Health Laboratory Service Act 1979 (c. 23, SIF 113:1), s. 1(3)

Modifications etc. (not altering text)

C1 S. 5(1)-(1B) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 5(1)-(1B) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C2 S. 5(1)(a)(b)(1A): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C3 S. 5(2)(d): 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 (as amended (E.) (1.4.2002) by S.I. 2002/555, reg. 3(3))

C4 S. 5(2)(b)(d): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1

C5 S. 5(2B) modified (23.5.1991) by S.I. 1991/1236, art. 2(b) (which S.I. revoked S.I. 1991/577)

Marginal Citations

M1 1919 c. 21(57).