- Latest available (Revised)
- Original (As enacted)
National Health Service (Scotland) Act 1978
You are here:
- UK Public General Acts
- 1978 c. 29
- Part III
- Section 39
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
National Health Service (Scotland) Act 1978, Section 39 is up to date with all changes known to be in force on or before 23 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 39:
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
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. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
39Medical and dental inspection, supervision and treatment of pupils and young persons.S
(1)It shall be the duty of the Secretary of State to provide for the medical F1 inspection, at appropriate intervals, and for the medical F1 supervision [F2and treatment], of all pupils in attendance at any school under the management of an education authority [F3or at any self-governing school], and of all young persons in attendance at any F4 other educational establishment under such management.
[F5(2)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 such pupils and young persons as are mentioned in subsection (1);
(b)for their dental treatment; and
(c)for their education in dental health.]
(3)It shall be the duty of every education authority [F6and of every board of management] to make arrangements for encouraging and assisting pupils and young persons to take advantage of facilities for medical [F7treatment made available under subsection (1) and dental treatment made available for the purpose of] subsection (2); but where, in the case of any pupil or young person, his parent gives notice to the authority that he objects to the pupil or young person availing himself of the said facilities, the pupil or young person shall not be encouraged or assisted to do so.
(4)It shall be the duty of every education authority [F8and of every board of management] to afford sufficient and suitable facilities for the medical F9 inspection, supervision and treatment, described in [F10subsection (1) and for the dental inspection, treatment and education described in subsection (2)].
(5)Expressions used in this section and in the Education (Scotland) Act M1[F111980] have in this section the same meanings as in that Act.
Textual Amendments
F1Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(2)(a)(i), 25(2), Sch. 3
F2Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(a)(ii)
F3Words in s. 39(1) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I 2004/528, {art. 2}
F4Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F5S. 39(2) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(b)
F6Words in s. 39(3) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2
F7Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(c)
F8Words in s. 39(4) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2
F9Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(2)(d)(i), 25(2), Sch. 3
F10Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(d)(ii)
F11Words substituted by Education (Scotland) Act 1980 (c. 44), Sch. 4 para. 17
Modifications etc. (not altering text)
C1S. 39 extended by Education (Scotland) Act 1980 (c. 44), s. 57
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.