Health Services and Public Health Act 1968
1968 c.46
An Act to amend the National Health Service Act 1946 and the National Health Service (Scotland) Act 1947 and make other amendments connected with the national health service; to make amendments connected with local authorities’ services under the National Assistance Act 1948; to amend the law relating to notifiable diseases and food poisoning; to amend the Nurseries and Child-Minders Regulation Act 1948; to amend the law relating to food and drugs; to enable assistance to be given to certain voluntary organisations; to enable the Minister of Health and Secretary of State to purchase goods for supply to certain authorities; to make other amendments in the law relating to the public health; and for purposes connected with the matters aforesaid.
Act: transfer of powers (1.7.1999) by S.I. 1999/672, art. 2
Part I
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Part II Amendments connected with Local Authorities’ Services under the National Assistance Act 1948
44 Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them or another such authority. C2
F21
For subsection (1) of section 26 of the M1National Assistance Act 1948 (provision of accomodation in premises maintained by voluntary organisations), there shall be substituted the following subsections:—
1
Notwithstanding anything in the foregoing provisions of this Part of this Act, but subject to the next following subsection, a scheme under section twenty-one thereof may provide that a local authority—
a
may make, in lieu or in supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (a) of subsection (1) of the said section twenty-one, arrangements—
i
with a voluntary organisation managing any premises, for the provision in those premises of accommodation of that kind;
ii
with a person registered under section thirty-seven of this Act in respect of a disabled persons’ or old persons’ home, for the provision in that home of accommodation of that kind; and
b
may make, in lieu or supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (b) of the said subsection (1), arrangements with a voluntary organisation managing any premises for the provision in those premises of accommodation of that kind.
1A
No arrangements shall be made by virtue of paragraph (a) of the foregoing subsection by a local authority with a person who has been convicted of an offence against regulations under section forty of this Act.
2
In subsection (2) of the said section 26 (which requires arrangements under subsection (1) of that section provide for the making by the local authority of payments to the voluntary organisation with which they are made) for the words “the organisation” there shall be substituted the words “the other party thereto”.
C445 Promotion by local authorities, of the welfare of old people. C3
1
A local authority may with the approval of F3the Secretary of State, and to such extent as he may direct shall, make arrangements for promoting the welfare of old people.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
3
A local authority may employ as their agent for the purposes of this section F5any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for old people, being an organisation or person appearing to the authority to be capable of promoting the welfare of old people.
4
No arrangements under this section shall provide—
a
for the payment of money to old people except in so far as the arrangements may provide for the remuneration of old people engaged in suitable work in accordance with the arrangements;
b
for making available any accommodation or services required to be provided under F156the National Health Service Act 2006 or the National Health Service (Wales) Act 2006.
F64A
No arrangements under this section may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
4B
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
5
The M2National Assistance Act 1948 shall have effect as if the following references included a reference to this section, that is to say,—
a
the reference, in section 32, to section 29 of that Act;
c
the references, in sections F954, 56 and 59, to that Act.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
9
The M3Health Visiting and Social Work (Training) Act 1962 shall have effect in relation to functions of local authorities under this section as it does in relation to functions of local authorities under Part III of the National Assistance Act 1948.
10
Section 31(1) of the National Assistance Act 1948 (which empowers local authorities to make arrangements for the provision of meals and recreation for old people) shall cease to have effect except as respects the councils of county districts.
11
In this section “local authority” (except where used in the expression “public or local authority”) means the council of a county, F11other than a metropolitan county or of a F12county borough, metropolitan district or London borough or the Common Council of the City of London, and “voluntary organisation” means a body the activities of which are carried on otherwise than for profit but does not include any public or local authority.
F1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Application to Isles of Scilly.
Section 66 of the M4National Assistance Act 1948 (application to the Isles of Scilly) shall have effect as if the reference to that Act included a reference to this Part of this Act.
Part III
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Part IV Miscellaneous Matters
Provision of general Application
59 Extension of power of user by Crown of patented invention to user for certain health services.
1
The powers exercisable in relation to a patented invention under section 46 of the M5Patents Act 1949 by a government department or a person authorised by a government department shall include power to make, use, exercise and vend the invention for the production or supply of drugs and medicines required for the provision of pharmaceutical services, F130local pharmaceutical services,F133primary medical services,F20general medical services, personal medical services, F151primary dental services, general dental services or personal dental services, and prescribed for the purposes of this section by regulations made by F21the Secretaries of State respectively concerned with health in England, in Wales and in Scotland acting jointly; and any reference in that section or in section 47 or 48 of the Patents Act 1949 to the services of the Crown shall be construed accordingly.
2
In the foregoing subsection references to pharmaceutical services, general medical services and general dental services shall be construed as referring to services of those respective kinds under F157Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006F135(in the case of pharmaceutical services), Part F22II of the M6National Health Service (Scotland) Act F221978F134(in the case of pharmaceutical services or general dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
F232A
In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F136... kinds under F138... section 17C of the 1978 Act F137(in the case of personal dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
F1312B
In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
a
a pilot scheme established under F158section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006;
b
an LPS scheme established under F159Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006; or
c
any corresponding provision of the law in force in the Isle of Man.
F1392C
In subsection (1), the F140reference to primary medical services is a reference to primary medical services provided under F160the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference to primary dental services provided under F160the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
3
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.
4
This section shall extend to the Isle of Man.
Provisions applicable to England and Wales and Scotland
F2460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.
1
2
C5C663 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.
C7C81
F30The 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 a F31Strategic Health AuthorityF32Health Authority F33or Special Health Authority, Health Board F152, Primary Care Trust or 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 F34determined 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 or the council of a F35non-metropolitan county F36county borough, metropolitan district or London borough or the Common Council of the City of London F37. . . ;
F141aa
the provision or performance of a primary medical service or primary dental service under F161either of the 2006 ActsF142or 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 F38Primary Care Trust orF32a Health Authority is, by virtue of F162Chapter 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;
F39ba
F132bb
the provision of a local pharmaceutical service under a pilot scheme F163or 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
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.
F423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C65
Instruction under this section may be provided on such terms, including terms as to payment of charges, as F30the Secretary of State thinks fit.
F445A
The Secretary of State may by regulations provide for any functions exercisable by a F45Strategic Health Authority, Health Authority F46Special Health Authority F153, Primary Care Trust or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the F47Strategic Health Authority, Health Authority F46Special Health Authority F153, Primary Care Trust or Local Health Board jointly with one or more other relevant health service bodies; and
F164a
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—
F48za
Strategic Health Authorities;
a
Health Authorities;
b
Special Health Authorities;
c
NHS trusts.
F145d
NHS foundation trusts
6
F30The 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 F50and for ancillary administrative purposes; and
b
pay travelling and other allowances to persons availing themselves of such instruction.
F517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section—
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F165“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;
“1947 Act” means the M11National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
- a
in relation to subsection (2)(a) above, F53any enactment functions under which F150are social services functions within the meaning of the M12Local Authority Social Services Act 1970F54and the National Health Service Act F1662006;
- b
in relation to subsection (2)(c) above, F55. . . Part III of the M13National Assistance Act 1948, F56section 39 of the M14National Health Service Scotland Act 1978F57section 45 of this Act and the F1672006 Acts.
- a
F588A
Expressions used in both this section and the F1682006 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; F59. . .
X210
Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
64F60 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.
C9C101
F61The Secretary of State may, upon such terms and subject to such conditions as he may, with the approval of the Treasury, determine, give to a voluntary organisation to which this section applies assistance by way of grant or by way of loan, or partly in the one way and partly in the other.
2
This section applies to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided.
3
In this section—
F62a
“the relevant enactments” means—
i
Parts III and IV of the M15Children and Young Persons Act 1933,
F63ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
Part III of the M16National Assistance Act 1948,
F64iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65v
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66vi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66vii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
viii
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F66ix
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x
the M17Children and Young Persons Act 1963, except Part II and section 56,
xi
this Act,
F67xii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xiii
section 7(4) of the M18Family Law Reform Act 1969,
F66xv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69xvi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xvii
the M20Children Act 1975
F148xviii
the Adoption and Children Act 2002,
F169xviii
the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,
F70xx
the Children Act 1989,
F71xxi
sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;
C10b
“relevant service” means 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 F72the Secretary of State or the council of a F73non-metropolitan county, F74county borough metropolitan district or London borough or the Common Council of the City of London or a service for the provision of which F75a F76Primary Care Trust or Health Authority are, by virtue of F170Chapter 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 F146or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act; and
c
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
4
This section shall have effect in Scotland as if, in subsection (1) thereof, for the reference to the Minister of Health, there were substituted a reference to the Secretary of State; and as if, in subsection (3) thereof, for paragraphs (a) and (b), there were substituted the following paragraphs:—
a
b
“relevant service” means 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 by a county council or by the town council of a large burgh; or a service for the provision of which F80a Health Board is, by virtue of Part F81II of the National Health Service (Scotland) Act F811978 under a duty to make arrangements F147or any service which a Health Board is under a duty to provide under section 2C of that Act; and
65 Financial and other assistance by local authorities to certain voluntary organisations. C11
1
A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F82.
2
A local authority may also assist any such voluntary organisation as aforesaid by permitting them to use premises belonging to the authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift, or loan or otherwise) and the services of any staff who are employed by the authority in connection with the premises or other things which they permit the organisation to use, . . . F83
3
In this section—
a
F86b
“the relevant enactments” means—
i
Parts III and IV of the M21Children and Young Persons Act 1933,
F87ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
Part III of the M22National Assistance Act 1948,
F88iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
v
the M23Adoption Act 1958,
vi
section 3 of the M24Disabled Persons (Employment) Act 1958,
ix
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
xi
the M28Children and Young Persons Act 1963, except Part II and section 56,
xii
this Act,
xiii
the M29Adoption Act 1968,
xiv
section 7(4) of the M30Family Law Reform Act 1969,
xv
the M31Children and Young Persons Act 1969,
xvi
section 43 of the M32Matrimonial Causes Act 1973,
F92xvii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xviii
the M33Children Act 1975,
F95xxi
the Children Act 1989,
F96xxii
sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;
c
“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
d
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
4
The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M34National Health Service Act 1946, sections 26(6) and 30(2) of the M35National Assistance Act 1948, sections 45(4) and 46(3) of the M36London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.
5
Subsection (1) of section 46 of the M37Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.
6
This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—
2A
Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a F97local authority may assist any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people to provide such meals or such recreation by contributing to the funds of the organisation, by permitting them to use premises belonging to the F97local authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the F97local authority in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98
2B
In this section—
a
F101b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F102c
“the relevant enactments” means the National Health Service (Scotland) Acts F1031978, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;
d
“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
e
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
2C
This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948
66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.
C121
F104The Secretary of State may, in accordance with arrangements made by him with the approval of the Treasury, make payments, at such rates as may be determined under those arrangements, to persons of such class or description as may be so determined in respect of travelling expenses necessarily incurred by them in making visits to patients for the time being detained under the Mental Health Act 1959 in F105hospitals at which high security psychiatric services are provided.
2
The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M38Mental Health Act 1959 and F105hospitals at which high security psychiatric services are provided, there were substituted references respectively to the Secretary of State, the M39Mental Health (Scotland) Act 1960 and State hospitals.
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109
Provisions applicable to Scotland only
71 Compensation for stopping employment to prevent spread of disease in Scotland.
1
With a view to preventing the spread of—
a
any infectious disease, or
b
any food poisoning to which section 22(1) of the M40Food and Drugs (Scotland) Act 1956 applies,
a person who is at work may be requested by the F110designated medical officer for the place where the person is at work, by notice in writing, to discontinue his work.
2
The local authority for the place in question shall compensate a person who has suffered any loss in complying with a request under this section; and any dispute arising under this subsection, whether as to the fact of loss or as to the amount of any compensation, shall be determined by a single arbiter, who, failing agreement between the parties, shall be appointed by the sheriff.
F1113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
This section applies to Scotland only.
71AF112 Fees for certificates relating to notifiable diseases and food poisoning.
1
Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under—
a
section 3(1) of the Infectious Diseases (Notification) Act 1889 (notification of infectious diseases);
b
regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases);
c
section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning).
2
The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances.
3
A direction under this section may make provision in relation to fees payable after a date specified in the direction.
4
The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners.
5
Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners.
6
For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.
7
This section applies to Scotland only.
72 Powers of sheriff, &c. to order a medical examination in Scotland.
1
If the sheriff (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the F113designated medical officer for any district—
a
that there is reason to believe that some person in the district is or has been suffering from an infectious disease, or, though not suffering from such a disease, is carrying an organism that is capable of causing it, and
b
that in his own interest, or in the interest of his family, or in the public interest, it is expedient that he should be medically examined, and
c
that he is not under the treatment of a registered medical practitioner, or that the registered medical practitioner who is treating him consents to the making of an order under this section,
2
If the sheriff (acting if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the F113designated medical officer for any district—
a
that there is reason to believe that one of a group of persons, though not suffering from an infectious disease, is carrying an organism that is capable of causing it; and
b
that in the interest of those persons or their families, or in the public interest, it is expedient that those persons should be medically examined,
3
In this section, references to a person’s being medically examined shall be construed as including references to his being submitted to bacteriological and radiological tests and similar investigations, and references to the sheriff shall be construed, in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.
4
This section applies to Scotland only.
73 Power of medical officers of health to enter premises in Scotland.
1
Subject to the provisions of this section, the F114designated medical officer for any district shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises in that district at all reasonable hours for the purpose of the performance of any duty imposed on him by—
a
the M41Infectious Disease (Notification) Act 1889; or
b
the Public Health (Scotland) Acts 1897 to 1945; or
c
this Act;
or, if he has reason to believe that any infectious disease exists, or has recently existed, in the premises, for the purpose of inspecting the premises.
2
If the sheriff, on a written certificate issued by the F114designated medical officer for any district,—
a
is satisfied that there are reasonable grounds for entry into any premises for any such purpose as aforesaid, and
b
is also satisfied either—
i
that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or
iii
that the case is one of urgency, or
iv
that the premises are unoccupied or that the occupier is temporarily absent,
he may by warrant under his hand authorise the F114designated medical officer to enter the premises, if need be by force.
3
A F114designated medical officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and, on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.
4
Every warrant granted under this section shall continue in force for a period of one month.
5
If—
a
any person who, in compliance with the provisions of this section, or of a warrant issued thereunder, enters a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or
b
any person to whom by reason of his official position any information obtained as aforesaid is communicated, discloses that information to any person,
he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence against this section.
6
A person who wilfully obstructs any person acting in the execution of this section or of a warrant issued thereunder shall be guilty of an offence against this section.
7
A person who fails to give to any person acting in the execution of this section or of any warrant issued thereunder any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by any enactment to call for or may reasonably require, or who, when required to give any such information, knowingly makes any mis-statement in respect thereof, shall be guilty of an offence against this section:
Provided that nothing in this subsection shall be construed as requiring a person to answer any question, or give any information, if to do so might incriminate him.
8
A person guilty of an offence against this section shall be liable on summary conviction to a fine not exceeding F115level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
C139
In this section . . . F116 references to the sheriff shall be construed in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.
10
This section applies to Scotland only.
74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117
75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118
76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119
Part V General
77 Expenses and receipts.
1
There shall be defrayed out of moneys provided by Parliament—
a
any expenses incurred by F120the Secretary of State or the Secretary of State in the exercise of any of their powers under this Act;
b
any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other Act.
2
All sums received, by virtue of this Act, by F120the Secretary of State or the Secretary of State shall be paid into the Exchequer.
78 Consequential amendments and repeals.
1
The enactments specified in Part I of Schedule 3 to this Act and the schemes mentioned in Part II of that Schedule shall have effect subject to the amendments specified in relation thereto in that Schedule, being amendments consequential on the foregoing provisions of this Act; and in that Schedule “the M421946 Act” means the National Health Service Act 1946, and “the M431947 Act” means the National Health Service (Scotland) Act 1947.
C142
The enactments specified in columns 1 and 2 of Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
79 Short title, citation, commencement, and extent.
1
This Act may be cited as the Health Services and Public Health Act 1968, . . . F121
C152
This Act, in its application to England and Wales, shall come into force on such date as the Minister may by order made by statutory instrument appoint, and, in its application to Scotland, on such date as the Secretary of State may by order so made appoint; and different dates may be appointed under this section for different provisions of this Act or for different purposes.
3
This Act, except section 59 thereof, shall not extend to Northern Ireland.
SCHEDULES
F122F122SCHEDULE 1
S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122
SCHEDULE 2
Part I . . . F123
Sch. 2 Pt. I repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16
Part II . . . F124
Sch. 2 Pt. II repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
SCHEDULE 3 Consequential Amendments of Enactments and Schemes
Part I Enactments C16
Pt. I is printed with the omission of provisions which (a) amend Local Government Act 1958 (c. 55), s. 46(1) and (b) have been repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3, National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. I, National Health Service Reorganisation Act 1973 (c. 32), Sch. 5 and National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
The National Assistance Act 1948(11 & 12 Geo. 6. c. 29)
In section 29(6)(b), the reference to accommodation and services required to be provided under the 1946 or the 1947 Act shall be construed as including a reference to accommodation or services required to be provided under Part I of this Act.
Entries repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII
. . . F125
Entries repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII
. . . F126
The Health Visiting and Social Work (Training) Act 1962(10 & 11 Eliz. 2. c. 33)
Words repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), s. 23(5), Sch. 8
In section . . . F1275, references to functions under Part III of the 1946 Act shall be construed as including references to functions under Part I of this Act in its application to England and Wales, and references to functions under Part III of the M44National Assistance Act 1948 shall be construed as including references to functions under section 26 of that Act as amended by section 44 of this Act and under section 45 of this Act.
The London Government Act 1963(1963 c. 33)
Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
The reference in paragraph (a) of section 45(2) to Part III of the 1946 Act shall be construed as including a reference to sections . . . F128 12 and 13 of this Act.
The General Rate Act 1967(1967 c. 9)
In section 45(b), the references to purposes mentioned in and arrangments made under section 28(1) of the 1946 Act shall be construed respectively as including references to purposes mentioned in and arrangements made under section 12 of this Act.
Part II Schemes
All delegation schemes in force under section 46 of the M45Local Government Act 1958 immediately before the coming into operation of this Part of this Schedule shall be amended as follows:—
a
references to sections 23, 28 and 29 of the 1946 Act shall be construed as referring respectively to sections 10, 12 and 13 of this Act;
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129
c
any reference to section 29 of the M46National Assistance Act 1948 shall be construed as including a reference to section 45 of this Act;
d
references to sections 22 and 28 of the 1946 Act and section 30 of the National Assistance Act 1948 shall be construed as including references to section 65 of this Act.
C17SCHEDULE 4 ENACTMENTS REPEALED
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except for the entries relating to entries relating to (a) sections 31 and 33 of the National Assistance Act 1948 and (b) the National Assistance Act 1948 (Amendment) Act 1962 which have been repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI, it does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Act not in force at Royal Assent see s. 79(2); Act wholly in force at 18. 3. 1974 see S.I. 1974/317.