- Latest available (Revised)
- Point in Time (01/04/2007)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 01/04/2007.
Health Services and Public Health Act 1968, Part IV is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The powers exercisable in relation to a patented invention under section 46 of the M1Patents 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, [F1local pharmaceutical services,] [F2primary medical services,] [F3general medical services, personal medical services, [F4primary dental services,] general dental services or personal dental services], and prescribed for the purposes of this section by regulations made by [F5the 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 [F6Chapter 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] [F7(in the case of pharmaceutical services)], Part [F8II] of the M2National Health Service (Scotland) Act [F81978] [F9(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.
[F10(2A)In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F11... kinds under F12... section 17C of the 1978 Act [F13(in the case of personal dental services)] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.]
[F14(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 [F15section 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 [F16Schedule 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.]
[F17(2C)In subsection (1), the [F18reference to primary medical services is a reference to primary medical services provided under [F19the 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 [F19the 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
F1Words 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)
F2Words 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)
F3Words 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))
F4Words 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)
F5Words substituted by S.I. 1969/388, Sch. 1
F6Words 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)
F7Words 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)
F8Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(1)
F9Words 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)
F10S. 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)
F11Word 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)
F12Words 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)
F13Words 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)
F14S. 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)
F15Words 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)
F16Words 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)
F17S. 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)
F18Words 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)
F19Words 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)
Marginal Citations
Textual Amendments
F20S. 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).
Textual Amendments
F21S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5
(1)In the M3Public Health Act 1936 references to vessels, . . . F22, shall be construed as including references to [F23hovercraft within the meaning of the M4Hovercraft Act 1968] and [F24in that Act]“master” shall be construed accordingly.
(2)This section shall have effect in Scotland as if, [F25the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M5Food and Drugs (Scotland) Act 1956.
Textual Amendments
F22Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11
F23Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123
F24Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)
F25Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(b)
Marginal Citations
(1)[F26The Secretary of State] may, either directly or by entering into arrangements with others,—
(a)provide, for persons employed or having it in contemplation to be employed as officers, or servants of a [F27Strategic Health Authority] F28... [F29or Special Health Authority, Health Board [F30, Primary Care Trust or Local Health Board]] such instruction as appears to him conducive to securing their efficiency as such officers or servants;
(b)provide, for persons (other than such as are mentioned in the foregoing paragraph) of such class as may be [F31determined by him] who are employed, or have it in contemplation to be employed, in an activity to which this paragraph applies, such instruction as appears to him conducive to the efficient carrying on of that activity; and
(c)provide material and premises necessary for, or in connection with, the provision of any such instruction as aforesaid.
(2)Paragraph (b) of the foregoing subsection applies to the following activities, namely—
(a)an activity involved in the provision of a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Minister of Health or the council of a [F32non-metropolitan county [F33county borough], metropolitan district] or London borough or the Common Council of the City of London F34. . . ;
[F35(aa)the provision or performance of a primary medical service or primary dental service under [F36either of the 2006 Acts] [F37or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978] and an activity involved in or connected with the provision or performance of such a service;]
(b)the provision of a service for the provision of which [F38Primary Care Trust or] [F39a [F40Local Health Board]] is, by virtue of [F41Chapter 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;
[F42(ba)the provision or performance of a service in accordance with arrangements made under F43... section 17C of the M6National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]
[F44(bb)the provision of a local pharmaceutical service under a pilot scheme [F45or 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 [F46a Health Board] is, by virtue of Part [F47II] of the [F471978] 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.
F48(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F26the Secretary of State] thinks fit.
[F50(5A)The Secretary of State may by regulations provide for any functions exercisable by a [F51Strategic Health Authority,] F52... [F53Special Health Authority [F54, Primary Care Trust or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F55Strategic Health Authority,] F52... [F53Special Health Authority [F54, Primary Care Trust or Local Health Board]] jointly with one or more other relevant health service bodies; and
[F56(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—
[F57(za)Strategic Health Authorities;]
F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Special Health Authorities;
[F59(bb)Primary Care Trusts]; F60...
[F61(bbb)Local Health Boards; F62...]
(c)NHS trusts.
[F63(d)NHS foundation trusts]]
(6)[F26The 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 [F64and for ancillary administrative purposes]; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
F65(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F67“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];
“1947 Act” means the M7National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
[F76(8A)Expressions used in both this section and the [F772006 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; F78. . .
X1(10)Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
Editorial Information
X1The 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
F26Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F27Words in S. 63(1)(a) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 5
F28Words 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)
F29Words 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)
F30Words 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)
F31Words 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)
F32Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)
F33Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1
F34Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F35S. 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)
F36Words 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)
F37Words 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)
F38Words 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)
F39Words 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)
F40Words 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)
F41Words 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)
F42S. 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))
F43Words 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)
F44S. 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)
F45Words 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)
F46Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
F47Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
F48S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
F49S. 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
F50S. 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)
F51Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)
F52Words 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)
F53Words 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)
F54Words 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)
F55Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)
F56Words 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)
F57S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)
F58S. 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)
F59S. 63(5B)(bb) inserted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(c); S.I. 1999/2342, art. 2(3)(a)
F60Word in s. 63(5B)(bb) repealed (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), Sch. 9 Pt. 1; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)
F61S. 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)
F62Word 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
F63S. 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
F64Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
F65Ss. 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
F66Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F67Words 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)
F68Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
F69Words 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)
F70Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
F71Words 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)
F72Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F73Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
F74Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
F75Words 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)
F76S. 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)
F77Words 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)
F78Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
Modifications etc. (not altering text)
C1References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State
C2S. 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
C3S. 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)
C4S. 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)
Marginal Citations
(1)[F80The 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—
[F81(a)“the relevant enactments” means—
(i)Parts III and IV of the M11Children and Young Persons Act 1933,
F82(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)Part III of the M12National Assistance Act 1948,
F83(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F85(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M13Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
F86(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiii)section 7(4) of the M14Family Law Reform Act 1969,
(xiv)the M15Children and Young Persons Act 1969, F87...
F85(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)the M16Children Act 1975
[F89(xviii) the Adoption and Children Act 2002],
[F90(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],
[F91(xx)the Children Act 1989],
[F92(xxi)sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]]
(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 [F93the Secretary of State] or the council of a [F94non-metropolitan county, [F95county borough] metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F96a [F97Primary Care Trust or] [F98Local Health Board] are, by virtue of [F99Chapter 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 [F100or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act]; and
(c)“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
(4)This section shall have effect in Scotland as if, in subsection (1) thereof, for the reference to the Minister of Health, there were substituted a reference to the Secretary of State; and as if, in subsection (3) thereof, for paragraphs (a) and (b), there were substituted the following paragraphs:—
“(a)“the relevant enactments” means F101... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F102and the National Health Service Scotland Act [F1031978]];
(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 [F104a Health Board] is, by virtue of Part [F105II] of the National Health Service (Scotland) Act [F1051978] under a duty to make arrangements [F106or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]
Textual Amendments
F79S. 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
F80Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F81S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
F82S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
F83S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
F84S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F85S. 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).
F86S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F87Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F88S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F89S. 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)
F90Words 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)
F91S. 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).
F92S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
F93Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F94Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
F95Words 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
F96Words 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)
F97Words in s. 64(3)(b) inserted (1.10.2002) by 2002 c. 17, ss. 2(5), Sch. 2 Pt. 2 para. 40(3); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)
F98Words in s. 64(3)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(3)
F99Words 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)
F100Words 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)
F101Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F103Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)
F104Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
F105Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
F106Words 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)
Modifications etc. (not altering text)
C5S. 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)
C6The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State
Marginal Citations
(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, . . . F107.
(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, . . . F108
(3)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F109other than a metropolitan county, or of a [F110county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F111(b)“the relevant enactments” means—
(i)Parts III and IV of the M17Children and Young Persons Act 1933,
F112(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)Part III of the M18National Assistance Act 1948,
F113(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M19Adoption Act 1958,
(vi)section 3 of the M20Disabled Persons (Employment) Act 1958,
[F114(vii)the M21Children Act 1958,]
[F115(viii)section 9 of the M22Mental 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,
[F116(x)section 9 of the M23Domestic Proceedings and Magistrates’ Courts Act 1978],
(xi)the M24Children and Young Persons Act 1963, except Part II and section 56,
(xii)this Act,
(xiii)the M25Adoption Act 1968,
(xiv)section 7(4) of the M26Family Law Reform Act 1969,
(xv)the M27Children and Young Persons Act 1969,
(xvi)section 43 of the M28Matrimonial Causes Act 1973,
F117(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii)the M29Children Act 1975,
[F118(xix)[F119the Adoption and Children Act 2002]],
[F120(xix)[F121the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],
[F122(xxi)the Children Act 1989],
[F123(xxii)sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]]
(c)“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
(d)“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
(4)The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M30National Health Service Act 1946, sections 26(6) and 30(2) of the M31National Assistance Act 1948, sections 45(4) and 46(3) of the M32London 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 M33Local 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 [F124local 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 [F124local 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 [F124local authority] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125
(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F126the [F127council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
F128(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F129(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F1301978], 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
F107Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F108Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F109Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
F110Words 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
F111s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
F112S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F113S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F114S. 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).
F115S. 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).
F116S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
F117S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F118S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
F119Words 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)
F120S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
F121Words 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)
F122S. 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).
F123S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33
F124S. 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)
F125Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F126Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
F127S. 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)
F128S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
F129S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
F130Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28
Modifications etc. (not altering text)
C7S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)
Marginal Citations
(1)[F131The 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 [F132hospitals 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 M34Mental Health Act 1959 and [F132hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M35Mental Health (Scotland) Act 1960 and State hospitals.
Textual Amendments
F131Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F132Words 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)
C8The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State
Marginal Citations
Textual Amendments
F133Ss. 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
Textual Amendments
Textual Amendments
Textual Amendments
(1)With a view to preventing the spread of—
(a)any infectious disease, or
(b)any food poisoning to which section 22(1) of the M36Food and Drugs (Scotland) Act 1956 applies,
a person who is at work may be requested by the [F137designated medical officer] for the place where the person is at work, by notice in writing, to discontinue his work.
(2)The local authority for the place in question shall compensate a person who has suffered any loss in complying with a request under this section; and any dispute arising under this subsection, whether as to the fact of loss or as to the amount of any compensation, shall be determined by a single arbiter, who, failing agreement between the parties, shall be appointed by the sheriff.
F138(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This section applies to Scotland only.
Textual Amendments
F137Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 138
F138S. 71(3) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 177 and repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)
Marginal Citations
(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
(1)If the sheriff (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F140designated medical officer] for any district—
(a)that there is reason to believe that some person in the district is or has been suffering from an infectious disease, or, though not suffering from such a disease, is carrying an organism that is capable of causing it, and
(b)that in his own interest, or in the interest of his family, or in the public interest, it is expedient that he should be medically examined, and
(c)that he is not under the treatment of a registered medical practitioner, or that the registered medical practitioner who is treating him consents to the making of an order under this section,
the sheriff may order him to be medically examined by the [F140designated medical officer], or by a registered medical practitioner nominated by the [F140designated medical officer].
(2)If the sheriff (acting if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F140designated medical officer] for any district—
(a)that there is reason to believe that one of a group of persons, though not suffering from an infectious disease, is carrying an organism that is capable of causing it; and
(b)that in the interest of those persons or their families, or in the public interest, it is expedient that those persons should be medically examined,
the sheriff may order them to be medically examined by the [F140designated medical officer] or by a registered medical practitioner nominated by the [F140designated medical officer].
(3)In this section, references to a person’s being medically examined shall be construed as including references to his being submitted to bacteriological and radiological tests and similar investigations, and references to the sheriff shall be construed, in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.
(4)This section applies to Scotland only.
Textual Amendments
F140Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 139
(1)Subject to the provisions of this section, the [F141designated medical officer] for any district shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises in that district at all reasonable hours for the purpose of the performance of any duty imposed on him by—
(a)the M37Infectious Disease (Notification) Act 1889; or
(b)the Public Health (Scotland) Acts 1897 to 1945; or
(c)this Act;
or, if he has reason to believe that any infectious disease exists, or has recently existed, in the premises, for the purpose of inspecting the premises.
(2)If the sheriff, on a written certificate issued by the [F141designated medical officer] for any district,—
(a)is satisfied that there are reasonable grounds for entry into any premises for any such purpose as aforesaid, and
(b)is also satisfied either—
(i)that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or
(ii)that an application for admission, or the giving of such a notice, would defeat the object of the entry, or
(iii)that the case is one of urgency, or
(iv)that the premises are unoccupied or that the occupier is temporarily absent,
he may by warrant under his hand authorise the [F141designated medical officer] to enter the premises, if need be by force.
(3)A [F141designated medical officer] entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and, on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.
(4)Every warrant granted under this section shall continue in force for a period of one month.
(5)If—
(a)any person who, in compliance with the provisions of this section, or of a warrant issued thereunder, enters a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or
(b)any person to whom by reason of his official position any information obtained as aforesaid is communicated, discloses that information to any person,
he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence against this section.
(6)A person who wilfully obstructs any person acting in the execution of this section or of a warrant issued thereunder shall be guilty of an offence against this section.
(7)A person who fails to give to any person acting in the execution of this section or of any warrant issued thereunder any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by any enactment to call for or may reasonably require, or who, when required to give any such information, knowingly makes any mis-statement in respect thereof, shall be guilty of an offence against this section:
Provided that nothing in this subsection shall be construed as requiring a person to answer any question, or give any information, if to do so might incriminate him.
(8)A person guilty of an offence against this section shall be liable on summary conviction to a fine not exceeding [F142level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(9)In this section . . . F143 references to the sheriff shall be construed in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.
(10)This section applies to Scotland only.
Textual Amendments
F141Words substituted by National Health Service (Scotland) Act 1972 (c. 58), s. 64(1), Sch. 6 para. 140
F142Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F143Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
Modifications etc. (not altering text)
C9Functions of burgh magistrates now exercisable by justices of the peace: District Courts (Scotland) Act 1975 (c. 20), s. 1(2)
Marginal Citations
Textual Amendments
F144S. 74 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII
Textual Amendments
F145S. 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
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