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.
[26th July 1968]
The 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.
Act not in force at Royal Assent see s. 79(2); Act wholly in force at 18. 3. 1974 see S.I. 1974/317.
Act: transfer of powers (1.7.1999) by S.I. 1999/672, art. 2

Part I

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 1–43 repealed by (E.W.) National Health Service Act 1977 (c. 49), s. 129, Sch. 14 para. 10, Sch. 16 and (S.) National Health Service (Scotland) Act 1978 (c. 29), s. 109, Sch. 17

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.
(1) For subsection (1) of section 26 of the National 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.”

S. 44(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
1948 c. 29
(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”.
The 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

45 Promotion by local authorities, of the welfare of old people.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 45 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
S. 45 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 14

46 Application to Isles of Scilly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 46 ceases to have effect (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 14 (with arts. 1(3), 3)
Part III

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 51 repealed by Local Government Act 1972 (c. 70), Sch. 30

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 48–50, 52, 54–58 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

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 Patents 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, local pharmaceutical services,primary medical services,general medical services, personal medical services, primary dental services, general dental services or personal dental services, and prescribed for the purposes of this section by regulations made by the 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.
1949 c. 87.
Words 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)
Words in s. 59(1) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(a); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words 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))
Words in s. 59(1) inserted (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(2)(b); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a); S.I. 2005/2925, art. 10(2)(a); S.I. 2006/345, art. 6(2)(a)
Words substituted by S.I. 1969/388, Sch. 1
(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 Chapter 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(in the case of pharmaceutical services), Part II of the National Health Service (Scotland) Act 1978(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.
Words in s. 59(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 35 (with Sch. 3 Pt. 1)
Words in s. 59(2) inserted (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(3); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)
1978 c. 29.
Words in s. 59(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(a)
(2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those ... kinds under ... section 17C of the 1978 Act (in the case of personal dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
S. 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)
Word in s. 59(2A) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(i)
Words in s. 59(2A) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(4), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(c), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(c), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 59(2A) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(b)(ii)
(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 section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006;
Words in s. 59(2B)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(a) (with Sch. 3 Pt. 1)
(b) an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006; or
Words in s. 59(2B)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 36(b) (with Sch. 3 Pt. 1)
(c) any corresponding provision of the law in force in the Isle of Man.
S. 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)
(2C) In subsection (1), the reference to primary medical services is a reference to primary medical services provided under the 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 the 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.
S. 59(2C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 3(5); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(c) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(c) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 59(2C) substituted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(2)(c)
Words in s. 59(2C) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 37 (with Sch. 3 Pt. 1)
(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

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5

62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.
(1) In the Public Health Act 1936 references to vessels, . . . , shall be construed as including references to hovercraft within the meaning of the Hovercraft Act 1968 and in that Act“master” shall be construed accordingly.
1936 c. 49.
Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11
Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123
1968 c. 59.
Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 62(2) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

63 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.
(1) The 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 NHS England or an integrated care board,... ... or Special Health Authority, Health Board ... or Local Health Board such instruction as appears to him conducive to securing their efficiency as such officers or servants;
Words in s. 63(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(a); S.I. 2012/1831, art. 2(2)
Words in s. 63(1)(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 63(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 63(1)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(a)
Words 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)
Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words 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)
(b) provide, for persons (other than such as are mentioned in the foregoing paragraph) of such class as may be determined 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
Words substituted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(2), (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(b)
(c) provide material and premises necessary for, or in connection with, the provision of any such instruction as aforesaid.
S. 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)
S. 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)
S. 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.
Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
(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, NHS England, an integrated care board or the council of a non-metropolitan county county borough, metropolitan district or London borough or the Common Council of the City of London . . . ;
Words in s. 63(2)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 63(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)
Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
(aa) the provision or performance of a primary medical service or primary dental service under either of the 2006 Actsor 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;
S. 63(2)(aa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(a); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 63(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(a) (with Sch. 3 Pt. 1)
Words in s. 63(2)(aa) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(3)
(b) the provision of a service for the provision of which the National Health Service Commissioning Board ora Local Health Board is, by virtue of Chapter 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;
Words 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)
Words in s. 63(2)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words 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)
Words in s. 63(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(b)
Words in s. 63(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(b) (with Sch. 3 Pt. 1)
(ba) the provision or performance of a service in accordance with arrangements made under ... section 17C of the National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;
S. 63(2)(ba) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 1(4); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject to art. 3(1)(2)(4))
Words in s. 63(2)(ba) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
1978 c. 29.
(bb) the provision of a local pharmaceutical service under a pilot scheme established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006or 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;
S. 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)
Words 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)
Words in s. 63(2)(bb) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(c) (with Sch. 3 Pt. 1)
(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 a Health Board is, by virtue of Part II of the 1978 Act, under a duty to make arrangements and an activity involved in or connected with the provision of such a service; and
Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
(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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 63(4) repealed (E.W.) by National Health Service (Reorganisation) Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as the Secretary of State thinks fit.
(5A) The Secretary of State may by regulations provide for any functions exercisable by a ... ... Special Health Authority ... or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the ... ... Special Health Authority ... or Local Health Board jointly with one or more other relevant health service bodies; and
(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,
Words in s. 63(5A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(d) (with Sch. 3 Pt. 1)
(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.
S. 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)
Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 63(5A) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(c)
Words 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)
Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words 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)
(5B) For the purposes of subsection (5A) above the following are relevant health service bodies—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 63(5B)(za) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 63(5B)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(d)
(b) Special Health Authorities;
(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 63(5B)(bb) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
(bbb) Local Health Boards; ...
S. 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)
Word in s. 63(5B)(bbb) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14, Sch. 14 Pt. 1; S.I. 2004/759, art. 2
(c) NHS trusts.
(d) NHS foundation trusts
S. 63(5B)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14; S.I. 2004/759, art. 2
(6) The 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 and for ancillary administrative purposes; and
Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
(b) pay travelling and other allowances to persons availing themselves of such instruction.
(6A) The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.
S. 63(6A)(6B) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 97(7), 127(1); S.I. 2014/2473, art. 4(2)(a)
(6B) The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 63(7), 67 repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
(8) In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;
“1947 Act” means the National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
(a) in relation to subsection (2)(a) above, any enactment functions under which are social services functions within the meaning of the Local Authority Social Services Act 1970and the National Health Service Act 2006or for the purposes of the Social Services and Well-being (Wales) Act 2014;
Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
Words 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)
1970 c.42.
Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(ii) (with Sch. 3 Pt. 1)
Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(a)
(b) in relation to subsection (2)(c) above, ... ..., section 39 of the National Health Service Scotland Act 1978... the 2006 Actsand Part 4 of the Social Services and Well-being (Wales) Act 2014.
Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(i)
Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
1978 c. 29.
Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(ii)
Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(iii) (with Sch. 3 Pt. 1)
Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(iii)
Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(i) (with Sch. 3 Pt. 1)
1947 c. 27.
(8A) Expressions used in both this section and the 2006 Acts have the same meaning in this section as in those Acts.
S. 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)
Words in s. 63(8A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(f) (with Sch. 3 Pt. 1)
(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; . . .
Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
(10) Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
The 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
References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State
S. 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

64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.
(1) The 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.
S. 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)
The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State
S. 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.
Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
(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—
(a) “the relevant enactments” means—
(i) Parts III and IV of the Children and Young Persons Act 1933,
1933 c. 12.
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(a)
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 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).
(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii) section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
(ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x) the Children and Young Persons Act 1963, except Part II and section 56,
1963 c. 37.
(xi) this Act,
(xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
(xiii) section 7(4) of the Family Law Reform Act 1969,
1969 c. 46.
(xiv) the Children and Young Persons Act 1969, ...
1969 c. 54.
Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
(xvii) the Children Act 1975
1975 c. 72.
(xviii) the Adoption and Children Act 2002,
S. 64(3)(a)(xviii) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 10 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,
Words in s. 64(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(a) (with Sch. 3 Pt. 1)
(xx) the Children Act 1989,
S. 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).
(xxi) section 260 of the Sentencing Code orsection 92 of the Powers of Criminal Courts (Sentencing) Act 2000,
S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
Words in s. 64(3)(a)(xxi) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 18(a) (with Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 64(3)(a)(xxi) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
(xxii) Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;
S. 64(3)(a)(xxii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 9(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
Words in s. 64(3)(a)(xxii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 18(b) (with Sch. 27); S.I. 2020/1236, reg. 2
(xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;
S. 64(3)(a)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 16(b)
S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
(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 the council of a non-metropolitan county, county borough metropolitan district or London borough or the Common Council of the City of London or a service for the provision of which NHS England or an integrated care board 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 a local Health Board is, by virtue of ... Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements or any service which a ... Local Health Board is under a duty to provide under section 16CA or 16CC of that Act; and
Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
Words in s. 64(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
Words in s. 64(3)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 64 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 64(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 8; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words 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)
Words in s. 64(3)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 64(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 39(b) (with Sch. 3 Pt. 1)
Words in s. 64(3)(b) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 5; S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
(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 ... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof and the National Health Service Scotland Act 1978;
Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)
Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(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 a Health Board is, by virtue of Part II of the National Health Service (Scotland) Act 1978 under a duty to make arrangements or any service which a Health Board is under a duty to provide under section 2C of that Act; and
Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
Words in s. 64(4) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(4)”

S. 64 repealed so far as it relates to (S.) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 3, Sch. 10 Pt. I

65 Financial and other assistance by local authorities to certain voluntary organisations.
(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, . . . .
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
(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, . . .
Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
(3) In this section—
(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, other than a metropolitan county, or of a county borough, metropolitan district or London borough or the Common Council of the City of London;
Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
Words in s. 65(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(12), 23(2)); S.I. 1996/396, art. 3, Sch. 1
(b) “the relevant enactments” means—
(i) Parts III and IV of the Children and Young Persons Act 1933,
1933 c. 12.
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 65(3)(b)(iii) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(a)
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(v) the Adoption Act 1958,
1958 c. 5 (7 & 8 Eliz. 2).
(vi) section 3 of the Disabled Persons (Employment) Act 1958,
1958 c. 33 (6 & 7 Eliz. 2).
(vii) the Children Act 1958,
S. 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).
1958 c. 65
(viii) section 9 of the Mental Health Act 1959,
S. 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).
1959 c. 72.
(ix) section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
(x) section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978,
S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
1978 c. 22.
(xi) the Children and Young Persons Act 1963, except Part II and section 56,
1963 c. 37.
(xii) this Act,
(xiii) the Adoption Act 1968,
1968 c. 53.
(xiv) section 7(4) of the Family Law Reform Act 1969,
1969 c. 46.
(xv) the Children and Young Persons Act 1969,
1969 c. 54.
(xvi) section 43 of the Matrimonial Causes Act 1973,
1973 c. 18.
(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
(xviii) the Children Act 1975,
1975 c. 72.
(xix) the Adoption and Children Act 2002,
S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
Words in s. 65(3)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 11 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
(xix) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,
S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
Words in s. 65(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 40 (with Sch. 3 Pt. 1)
(xxi) the Children Act 1989,
S. 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).
(xxii) Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;
S. 65(3)(b)(xxii) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 10 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
Words in s. 65(3)(b)(xxii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 19 (with Sch. 27); S.I. 2020/1236, reg. 2
(xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;
S. 65(3)(b)(xxiii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 17(b)
s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
(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 National Health Service Act 1946, sections 26(6) and 30(2) of the National Assistance Act 1948, sections 45(4) and 46(3) of the London 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.
1946 c. 81.
1948 c. 29.
1963 c. 33.
(5) Subsection (1) of section 46 of the Local 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.
1958 c. 55.
(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 local 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 local 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 local authority in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 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)
Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
(2B) In this section—
(a) “local authority” (except where used in the expression “public or local authority”) means, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
S. 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)
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
(c) “the relevant enactments” means the National Health Service (Scotland) Acts 1978, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;
S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28
(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”

S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.
(1) The 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 hospitals at which high security psychiatric services are provided.
The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State
Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
Words 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))
(2) The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the Mental Health Act 1959 and hospitals at which high security psychiatric services are provided, there were substituted references respectively to the Secretary of State, the Mental Health (Scotland) Act 1960 and State hospitals.
1959 c. 72.
1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 63(7), 67 repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 47, 53, 70 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Provisions applicable to Scotland only

71 Compensation for stopping employment to prevent spread of disease in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 71 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

71A 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).
S. 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
(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.
S. 71A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 26(2)

72 Powers of sheriff, &c. to order a medical examination in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 72 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

73 Power of medical officers of health to enter premises in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 73 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 75 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII and also expressed to be repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

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

Part V General

77 Expenses and receipts.
(1) There shall be defrayed out of moneys provided by Parliament—
(a) any expenses incurred by the Secretary of State or the Secretary of State in the exercise of any of their powers under this Act;
Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
(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 the 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 1946 Act” means the National Health Service Act 1946, and “the 1947 Act” means the National Health Service (Scotland) Act 1947.
1946 c. 81.
1947 c. 27.
(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.
The 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

79 Short title, citation, commencement, and extent.
(1) This Act may be cited as the Health Services and Public Health Act 1968, . . .
Words repealed by National Health Service Act 1977 (c. 49), Sch. 16 and National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
(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.
Power 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
(3) This Act, except section 59 thereof, shall not extend to Northern Ireland.

SCHEDULES
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 69, Sch. 1 repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
SCHEDULE 2

Part I . . .
Sch. 2 Pt. I repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

Part II . . .
Sch. 2 Pt. II repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

SCHEDULE 3 Consequential Amendments of Enactments and Schemes
Section 78.

Part I Enactments

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

. . .
Entries repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII

The Health Visiting and Social Work (Training) Act 1962(10 & 11 Eliz. 2. c. 33)
In section . . . 5, 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 National 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.
Words repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), s. 23(5), Sch. 8
1948 c. 29.

The London Government Act 1963(1963 c. 33)
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 . . . 12 and 13 of this Act.
Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

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.
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

Part II Schemes

All delegation schemes in force under section 46 of the Local 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Para. (b) repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
(c) any reference to section 29 of the National Assistance Act 1948 shall be construed as including a reference to section 45 of this Act;
1948 c. 29.
(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.
1958 c. 55

SCHEDULE 4 ENACTMENTS REPEALED
Section 78.

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4

SCHEDULE 4
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