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 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, F87local pharmaceutical services,F90primary medical services,F1general medical services, personal medical services, F108primary dental services, general dental services or personal dental services, and prescribed for the purposes of this section by regulations made by F2the 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 F112Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006F92(in the case of pharmaceutical services), Part F3II of the M2National Health Service (Scotland) Act F31978F91(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.
F42A
In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F93... kinds under F95... section 17C of the 1978 Act F94(in the case of personal dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
F882B
In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
a
a pilot scheme established under F113section 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 F114Schedule 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.
F962C
In subsection (1), the F97reference to primary medical services is a reference to primary medical services provided under F115the 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 F115the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
3
The power conferred by subsection (1) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
This section shall extend to the Isle of Man.
Provisions applicable to England and Wales and Scotland
F560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.
1
F1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1C263 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.
C3C4C91
F10The 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 F140the National Health Service Commissioning Board or a clinical commissioning group,F141... F127... F12or Special Health Authority, Health Board F142... F109or 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 F13determined 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 HealthF143, the National Health Service Commissioning Board, a clinical commissioning group or the council of a F14non-metropolitan county F15county borough, metropolitan district or London borough or the Common Council of the City of London F16. . . ;
F98aa
the provision or performance of a primary medical service or primary dental service under F116either of the 2006 ActsF99or 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 F17F144the National Health Service Commissioning Board orF11a F128Local Health Board is, by virtue of F117Chapter 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;
F18ba
F89bb
the provision of a local pharmaceutical service under a pilot scheme F139established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006F118or an LPS scheme established under either of the 2006 Acts or under any corresponding provision of the law in force in the Isle of Man and an activity involved in or connected with the provision of such a service;
c
an activity involved in the provision of a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Secretary of State or a county council or a town council of a large burgh or a joint county council;
d
e
an activity involved in the provision of a service under the law in force in Northern Ireland corresponding to a service mentioned in paragraph (a) above;
f
the provision of a service under the law in force in Northern Ireland corresponding to a service mentioned in paragraph (b) above, and an activity involved in or connected with the provision of such a service.
F213
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F224
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C2C95
Instruction under this section may be provided on such terms, including terms as to payment of charges, as F10the Secretary of State thinks fit.
F235A
The Secretary of State may by regulations provide for any functions exercisable by a F145... F129... F24Special Health Authority F146... F110or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the F145... F129... F24Special Health Authority F146... F110or Local Health Board jointly with one or more other relevant health service bodies; and
F119a
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—
F147za
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
Special Health Authorities;
F148bb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
NHS trusts.
F102d
NHS foundation trusts
C96
F10The 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 F25and for ancillary administrative purposes; and
b
pay travelling and other allowances to persons availing themselves of such instruction.
F1536A
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.
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.
F267
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8
In this section—
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F120“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;
“1947 Act” means the M6National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
- a
in relation to subsection (2)(a) above, F28any enactment functions under which F107are social services functions within the meaning of the M7Local Authority Social Services Act 1970F29and the National Health Service Act F1212006;
- b
in relation to subsection (2)(c) above, F30. . . Part III of the M8National Assistance Act 1948, F31section 39 of the M9National Health Service Scotland Act 1978F32section 45 of this Act and the F1222006 Acts.
- a
F338A
Expressions used in both this section and the F1232006 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; F34. . .
X110
Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
64F35 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.
C5C6C101
F36The 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—
F37a
“the relevant enactments” means—
i
Parts III and IV of the M10Children and Young Persons Act 1933,
F38ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
Part III of the M11National Assistance Act 1948,
F39iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40v
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41vi
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F41vii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
viii
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F41ix
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x
the M12Children and Young Persons Act 1963, except Part II and section 56,
xi
this Act,
F42xii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xiii
section 7(4) of the M13Family Law Reform Act 1969,
F41xv
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F44xvi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xvii
the M15Children Act 1975
F105xviii
the Adoption and Children Act 2002,
F124xviii
the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,
F45xx
the Children Act 1989,
F136xxii
Part 1 of the Criminal Justice and Immigration Act 2008;
C6b
“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 F47the Secretary of State or the council of a F48non-metropolitan county, F49county borough metropolitan district or London borough or the Common Council of the City of London F149or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements or a service for the provision of which F50F150a local Health Board is, by virtue of F151...F125Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements F103or any service which a F152... Local Health Board is under a duty to provide under section 16CA or 16CC of that Act; and
c
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
4
This section shall have effect in Scotland as if, in subsection (1) thereof, for the reference to the Minister of Health, there were substituted a reference to the Secretary of State; and as if, in subsection (3) thereof, for paragraphs (a) and (b), there were substituted the following paragraphs:—
a
b
“relevant service” means a service which must or may, by virtue of the relevant enactments, be provided or the provision of which must or may, by virtue of those enactments, be secured by the Secretary of State or by a county council or by the town council of a large burgh; or a service for the provision of which F54a Health Board is, by virtue of Part F55II of the National Health Service (Scotland) Act F551978 under a duty to make arrangements F104or any service which a Health Board is under a duty to provide under section 2C of that Act; and
65 Financial and other assistance by local authorities to certain voluntary organisations. C7
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, . . . F56.
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, . . . F57
3
In this section—
a
F60b
“the relevant enactments” means—
i
Parts III and IV of the M16Children and Young Persons Act 1933,
F61ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
Part III of the M17National Assistance Act 1948,
F62iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
v
the M18Adoption Act 1958,
vi
section 3 of the M19Disabled Persons (Employment) Act 1958,
ix
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
xi
the M23Children and Young Persons Act 1963, except Part II and section 56,
xii
this Act,
xiii
the M24Adoption Act 1968,
xiv
section 7(4) of the M25Family Law Reform Act 1969,
xv
the M26Children and Young Persons Act 1969,
xvi
section 43 of the M27Matrimonial Causes Act 1973,
F66xvii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xviii
the M28Children Act 1975,
F69xxi
the Children Act 1989,
F137xxii
Part 1 of the Criminal Justice and Immigration Act 2008;
c
“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
d
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
4
The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M29National Health Service Act 1946, sections 26(6) and 30(2) of the M30National Assistance Act 1948, sections 45(4) and 46(3) of the M31London 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 M32Local 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 F70local 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 F70local 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 F70local authority in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
2B
In this section—
a
F74b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75c
“the relevant enactments” means the National Health Service (Scotland) Acts F761978, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;
d
“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
e
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
2C
This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948
66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.
C81
F77The 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 F78hospitals 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 M33Mental Health Act 1959 and F78hospitals at which high security psychiatric services are provided, there were substituted references respectively to the Secretary of State, the M34Mental Health (Scotland) Act 1960 and State hospitals.
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
Provisions applicable to Scotland only
F13271 Compensation for stopping employment to prevent spread of disease in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71AF83 Fees for certificates relating to notifiable diseases and food poisoning.
F1381
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.
F13372 Powers of sheriff, &c. to order a medical examination in Scotland.
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F13473 Power of medical officers of health to enter premises in Scotland.
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