Health Services and Public Health Act 1968

Legislation Crest

Health Services and Public Health Act 1968

1968 CHAPTER 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.

[26th July 1968]X1

Editorial Information

X1The text of ss. 44–46, 77 and 79 was taken from S.I.F. Group 81:3 (Local Government: Social Services); ss. 47-50, 52-66, 70-79 and Schs. 3,4 appeared in S.I.F. Group 100:3; provisions omitted from S.I.F have been dealt with as referred to in other commentary.

Modifications etc. (not altering text)

C1Act: transfer of powers (1.7.1999) by S.I. 1999/672, art. 2

Commencement Information

I1Act not in force at Royal Assent see s. 79(2); Act wholly in force at 18. 3. 1974 see S.I. 1974/317.

Part IE+W+S

1—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Textual Amendments

Part IIE+W+S 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. E+W+S

[F2(1)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”.

Textual Amendments

Modifications etc. (not altering text)

C2The text of ss. 44, 60(3)(5)(6)(8)(10)–(13) 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

Marginal Citations

45 Promotion by local authorities, of the welfare of old people. E+W+S

(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 [F6the National Health Service Act 2006 or the National Health Service (Wales) Act 2006].

[F7(4A)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;

(b)the references, in sections 35, [F836,] 45, 52 . . . F9to Part III of that Act;

(c)the references, in sections [F1054,] 56 and 59, to that Act.

(6)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(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, [F12other than a metropolitan county or of a [F13county 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.

F14(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F5Words "any voluntary organisation or any person" to "capable of promoting the welfare of old people" substituted (1.4.1991) for the words "any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people" by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(7)

F7S. 45(4A)(4B) inserted (6.12.1999) by 1999 c. 33, s.117(1) (with Sch. 15 para. 6); S.I. 1999/3190, art. 2, Sch.

Modifications etc. (not altering text)

C4S. 45 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 para. 1(1)(b) (with s.159); S.I. 2002/2811, art. 2, Sch.

Marginal Citations

46 Application to Isles of Scilly.E+W+S

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.

Marginal Citations

Part IIIE+W+S

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S

Textual Amendments

48—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S

Textual Amendments

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

Textual Amendments

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

Textual Amendments

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S

Textual Amendments

54—58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S

Textual Amendments

Part IVU.K. Miscellaneous Matters

Provision of general ApplicationU.K.

59 Extension of power of user by Crown of patented invention to user for certain health services.U.K.

(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, [F21local pharmaceutical services,] [F22primary medical services,] [F23general medical services, personal medical services, [F24primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F25the 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 [F26Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006] [F27(in the case of pharmaceutical services)], Part [F28II] of the M6National Health Service (Scotland) Act [F281978] [F29(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.

[F30(2A)In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F31... kinds under F32... section 17C of the 1978 Act [F33(in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]

[F34(2B)In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—

(a)a pilot scheme established under [F35section 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 [F36Schedule 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.]

[F37(2C)In subsection (1), the [F38reference to primary medical services is a reference to primary medical services provided under [F39the 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 [F39the 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.

Textual Amendments

F21Words in s. 59(1) 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(2)(a) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F23Words in s. 59(1) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3(1)(3)(4))

F25Words substituted by S.I. 1969/388, Sch. 1

F30S. 59(2A) inserted (1.4.1998) by 1997 c. 46, s. 41(1), Sch. 2 Pt. I, para. 1(2); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject as mentioned in art. 3)

F34S. 59(2B) 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(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

Marginal Citations

Provisions applicable to England and Wales and ScotlandE+W+S

F4060. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F40S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41E+W+S

Textual Amendments

62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.E+W+S

(1)In the M7Public Health Act 1936 references to vessels, . . . F42, shall be construed as including references to [F43hovercraft within the meaning of the M8Hovercraft Act 1968] and [F44in that Act]“master” shall be construed accordingly.

F45(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

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)[F46The 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 [F47the National Health Service Commissioning Board or a clinical commissioning group,] F48... F49... [F50or Special Health Authority, Health Board F51... [F52or 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 [F53determined 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[F54, the National Health Service Commissioning Board, a clinical commissioning group] or the council of a [F55non-metropolitan county [F56county borough], metropolitan district] or London borough or the Common Council of the City of London F57. . . ;

[F58(aa)the provision or performance of a primary medical service or primary dental service under [F59either of the 2006 Acts] [F60or 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 [F61[F62the National Health Service Commissioning Board] or] [F63a [F64Local Health Board]] is, by virtue of [F65Chapter 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;

[F66(ba)the provision or performance of a service in accordance with arrangements made under F67... section 17C of the M9National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F68(bb)the provision of a local pharmaceutical service under a pilot scheme [F69established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F70or 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 [F71a Health Board] is, by virtue of Part [F72II] of the [F721978] 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.

F73(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F46the Secretary of State] thinks fit.

[F75(5A)The Secretary of State may by regulations provide for any functions exercisable by a F76... F77... [F78Special Health Authority F79... [F80or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F76... F77... [F78Special Health Authority F79... [F80or Local Health Board]] jointly with one or more other relevant health service bodies; and

[F81(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—

F82(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Special Health Authorities;

F84(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85(bbb)Local Health Boards; F86...]

(c)NHS trusts.

[F87(d)NHS foundation trusts]]

(6)[F46The 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 [F88and for ancillary administrative purposes]; and

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

F89(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F91“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];

  • “1947 Act” means the M10National Health Service (Scotland) Act 1947;

  • “the relevant enactments” means—

    (a)

    in relation to subsection (2)(a) above, [F92any enactment functions under which [F93are social services functions within the meaning] of the M11Local Authority Social Services Act 1970] [F94and the National Health Service Act [F952006]];

    (b)

    in relation to subsection (2)(c) above, F96. . . Part III of the M12National Assistance Act 1948, [F97section 39 of the M13National Health Service Scotland Act 1978] [F98section 45 of this Act and the [F992006 Acts]].

[F100(8A)Expressions used in both this section and the [F1012006 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; F102. . .

X2(10)Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.

Editorial Information

X2The 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

F46Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F50Words 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)

F52Words 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)

F56Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F61Words 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)

F63Words 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)

F68S. 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)

F69Words 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)

F75S. 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)

F78Words 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)

F80Words 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)

F85S. 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)

F93Words 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)

F100S. 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)

C5References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C6S. 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

C7S. 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)

C8S. 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)

C9S. 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

[F10364 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.E+W

(1)[F104The 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—

[F105(a)“the relevant enactments” means—

(i)Parts III and IV of the M14Children and Young Persons Act 1933,

F106(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)Part III of the M15National Assistance Act 1948,

F107(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F108(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

F109(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the M16Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

F110(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii)section 7(4) of the M17Family Law Reform Act 1969,

(xiv)the M18Children and Young Persons Act 1969, F111...

F109(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)the M19Children Act 1975

[F113(xviii) the Adoption and Children Act 2002],

[F114(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],

[F115(xx)the Children Act 1989],

[F116(xxi)[F117section 92 of] the Powers of Criminal Courts (Sentencing) Act 2000],

[F118(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;]]

(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 [F119the Secretary of State] or the council of a [F120non-metropolitan county, [F121county borough] metropolitan district] or London borough or the Common Council of the City of London [F122or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements] or a service for the provision of which [F123[F124a local Health Board is], by virtue of F125... [F126Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006],] under a duty to make arrangements [F127or any service which a F128... 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)“the relevant enactments” means F129... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F130and the National Health Service Scotland Act [F1311978]];

(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 [F132a Health Board] is, by virtue of Part [F133II] of the National Health Service (Scotland) Act [F1331978] under a duty to make arrangements [F134or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]

Textual Amendments

F104Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F106S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F107S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F108S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F109S. 64(3)(a)(vi)(vii)(ix)(xv) repealed (E.W.)(14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F110S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F115S. 64(3)(a)(xx) substituted (E.W.) (14. 10. 1991) for s. 64(3)(a)(xix) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 19), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(1), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F116S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F119Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F123Words in s. 64(3)(b) substituted (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(3)

Modifications etc. (not altering text)

C10S. 64(1): 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

S. 64(1): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), Sch. 1 (with regs. 3, 4)

C11The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

C12S. 64(1) functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

65 Financial and other assistance by local authorities to certain voluntary organisations. E+W+S

(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, . . . F135.

(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, . . . F136

(3)In this section—

(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F137other than a metropolitan county, or of a [F138county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F139(b)“the relevant enactments” means—

(i)Parts III and IV of the M20Children and Young Persons Act 1933,

F140(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)Part III of the M21National Assistance Act 1948,

F141(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M22Adoption Act 1958,

(vi)section 3 of the M23Disabled Persons (Employment) Act 1958,

[F142(vii)the M24Children Act 1958,]

[F143(viii)section 9 of the M25Mental Health Act 1959,]

(ix)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

[F144(x)section 9 of the M26Domestic Proceedings and Magistrates’ Courts Act 1978],

(xi)the M27Children and Young Persons Act 1963, except Part II and section 56,

(xii)this Act,

(xiii)the M28Adoption Act 1968,

(xiv)section 7(4) of the M29Family Law Reform Act 1969,

(xv)the M30Children and Young Persons Act 1969,

(xvi)section 43 of the M31Matrimonial Causes Act 1973,

F145(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xviii)the M32Children Act 1975,

[F146(xix)[F147the Adoption and Children Act 2002]],

[F148(xix)[F149the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],

[F150(xxi)the Children Act 1989],

[F151(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;]]

(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 M33National Health Service Act 1946, sections 26(6) and 30(2) of the M34National Assistance Act 1948, sections 45(4) and 46(3) of the M35London 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 M36Local 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 [F152local 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 [F152local 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 [F152local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

(2B)In this section—

(a)“local authority” (except where used in the expression “public or local authority”) means, [F154the [F155council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

F156(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F157(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F1581978], 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”

Textual Amendments

F142S. 65(3)(b)(vii) which was substituted (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I was repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2); the Children Act 1958 was repealed (S.) by Foster Children (Scotland) Act 1984 c. 56, s. 22, Sch. 3 and the reference to the Children Act 1958 should be construed in accordance with the Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a).

F143S. 65(3)(b)(viii)(x) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F150S. 65(3)(b)(xxi) substituted (E.W.) (14. 10. 1991) for s. 65(3)(b)(xx) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 20), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F152S. 65(6): words in substituted subsection (2A) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(a); S.I. 1996/323, art. 4(1)(c)

F154Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F155S. 65(6): words in substituted subsection (2B)(a) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(b); S.I. 1996/323, art. 4(1)(c)

F156S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

Modifications etc. (not altering text)

Marginal Citations

66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.E+W+S

(1)[F159The 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 [F160hospitals 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 M37Mental Health Act 1959 and [F160hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M38Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F159Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F160Words in s. 66(1)(2) substituted (1.4.2000) by S.I. 2000/90, art. 3(2), Sch. 2 para. 2 (with art. 2(5))

Modifications etc. (not altering text)

C14The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161E+W+S

Textual Amendments

E+W+S

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162E+W+S

Textual Amendments

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163E+W+S

Textual Amendments

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164E+W+S

Textual Amendments

Provisions applicable to Scotland onlyE+W+S

F16571 Compensation for stopping employment to prevent spread of disease in Scotland.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F16671A Fees for certificates relating to notifiable diseases and food poisoning.E+W+S

[F167(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.]]

Textual Amendments

F167S. 71A repealed (1.1.2010 for the repeal of s. 71A(1)(a)(c)) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/404, art. 2(3), Sch. 3

F16872 Powers of sheriff, &c. to order a medical examination in Scotland.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16973 Power of medical officers of health to enter premises in Scotland.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170E+W+S

Textual Amendments

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171E+W+S

Textual Amendments

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172E+W+S

Textual Amendments

F172S. 76 repealed (with saving) by S.I. 1981/127, arts. 3, 4, 5, Sch. 1

Part VE+W+S General

77 Expenses and receipts.E+W+S

(1)There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by [F173the 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 [F173the Secretary of State] or the Secretary of State shall be paid into the Exchequer.

Textual Amendments

F173Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

78 Consequential amendments and repeals.E+W+S

(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 M391946 Act” means the National Health Service Act 1946, and “the M401947 Act” means the National Health Service (Scotland) Act 1947.

(2)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.

Modifications etc. (not altering text)

C15The 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 does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

79 Short title, citation, commencement, and extent.E+W+S

(1)This Act may be cited as the Health Services and Public Health Act 1968, . . . F174

(2)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.

Textual Amendments

Modifications etc. (not altering text)

C16Power of appointment conferred by s. 79(2) fully exercised: S.I. 1968/1362, 1387, 1662; 1969/158, 225, 296, 364; 1970/831; 1971/423, 555; 1972/826; 1973/1187; 1974/286 and 317

SCHEDULES

F175F175SCHEDULE 1E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 2E+W+S

Part IE+W+S . . . F176

Textual Amendments

Part IIE+W+S . . . F177

Textual Amendments

Section 78.

SCHEDULE 3E+W+S Consequential Amendments of Enactments and Schemes

Part IE+W+S Enactments

Modifications etc. (not altering text)

The National Assistance Act 1948(11 & 12 Geo. 6. c. 29)E+W+S

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.

E+W+S

. . . F178

Textual Amendments

E+W+S

. . . F179

Textual Amendments

The Health Visiting and Social Work (Training) Act 1962(10 & 11 Eliz. 2. c. 33)E+W+S

In section . . . F1805, 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 M41National 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.

Textual Amendments

Marginal Citations

The London Government Act 1963(1963 c. 33)E+W+S

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 . . . F181 12 and 13 of this Act.

Textual Amendments

The General Rate Act 1967(1967 c. 9)E+W+S

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 IIE+W+S Schemes

All delegation schemes in force under section 46 of the M42Local 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182

(c)any reference to section 29 of the M43National 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.

Textual Amendments

Marginal Citations

Section 78.

SCHEDULE 4E+W+S ENACTMENTS REPEALED

Modifications etc. (not altering text)

C18The 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

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4