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Health Services and Public Health Act 1968

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Changes over time for: Cross Heading: Provisions applicable to England and Wales and Scotland

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Version Superseded: 01/04/1998

Status:

Point in time view as at 29/04/1996.

Changes to legislation:

Health Services and Public Health Act 1968, Cross Heading: Provisions applicable to England and Wales and Scotland is up to date with all changes known to be in force on or before 17 November 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. Help about Changes to Legislation

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

F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F1S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

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

(1)In the M1Public Health Act 1936 references to vessels, . . . F3, shall be construed as including references to [F4hovercraft within the meaning of the M2Hovercraft Act 1968] and [F5in that Act]master” shall be construed accordingly.

(2)This section shall have effect in Scotland as if, [F6the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M3Food and Drugs (Scotland) Act 1956.

63 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare. E+W+S

(1)[F7The 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 [F8Health Authority or Special Health Authority or a 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 [F9determined 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 [F10non-metropolitan county [F11county borough], metropolitan district] or London borough or the Common Council of the City of London . . . F12;

(b)the provision of a service for the provision of which [F8a Health Authority] is, by virtue of [F13Part II of the 1977 Act], under a duty to make arrangements 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 [F14a Health Board] is, by virtue of Part [F15II] of the [F151978] 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.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F7the Secretary of State] thinks fit.

[F18(5A)The Secretary of State may by regulations provide for any functions exercisable by a Health Authority or Special Health Authority under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation 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—

(a)Health Authorities;

(b)Special Health Authorities; and

(c)NHS trusts.]

(6)[F7The 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 [F19and for ancillary administrative purposes]; and

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

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(8)In this section—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

  • [ F221977 Act” means the M4National Health Service Act 1977];

  • 1947 Act” means the M5National Health Service (Scotland) Act 1947;

  • the relevant enactments” means—

    (a)

    in relation to subsection (2)(a) above, [F23 any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M6Local Authority Social Services Act 1970 [F24 and the M7National Health Service Act 1977]];

    (b)

    in relation to subsection (2)(c) above, . . . F25 Part III of the M8National Assistance Act 1948, [F26section 39 of the M9National Health Service Scotland Act 1978][F27section 45 of this Act and the M10National Health Service Act 1977].

[F28(8A)Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.]

(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; . . . F29

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

Textual Amendments

F7Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F8Words 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)

F11Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F18S. 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)

F28S. 63(8A) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(d) (with Sch. 2 paras. 6, 16)

Modifications etc. (not altering text)

C1References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2The 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

Marginal Citations

[F3064 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.E+W

(1)[F31The 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—

[F32(a)the relevant enactments” means—

(i)Parts III and IV of the M11Children and Young Persons Act 1933,

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(iii)Part III of the M12National Assistance Act 1948,

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

F36(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F36(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the M13Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(xiii)section 7(4) of the M14Family Law Reform Act 1969,

(xiv)the M15Children and Young Persons Act 1969, . . . F38

F36(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(xvii)the M16Children Act 1975]

[F40(xviii)the National Health Service Act 1977]

[F41(xviii)the M17Adoption Act 1976]

[F42(xx)the Children Act 1989.]

(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 [F43the Secretary of State] or the council of a [F44non-metropolitan county, [F45county borough]metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F46a Health Authority are, by virtue of Part II of the M18National Health Service Act 1977,], under a duty to make arrangements; 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 . . . F47, Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F48and the National Health Service Scotland Act [F491978]];

(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 [F50a Health Board] is, by virtue of Part [F51II] of the National Health Service (Scotland) Act [F511978] under a duty to make arrangements; and]

Textual Amendments

F31Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F36S. 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).

F42S. 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).

F43Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F46Words in s. 64(3)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III, para. 95(3)

Modifications etc. (not altering text)

C3S. 64(1): function of a 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

C4The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

Marginal Citations

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

(1)A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F52.

(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, . . . F53

(3)In this section—

(a)local authority” (except where used in the expression “public or local authority”) means the council of a county, [F54other than a metropolitan county, or of a [F55county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F56(b)the relevant enactments” means—

(i)Parts III and IV of the M19Children and Young Persons Act 1933,

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

(iii)Part III of the M20National Assistance Act 1948,

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(v)the M21Adoption Act 1958,

(vi)section 3 of the M22Disabled Persons (Employment) Act 1958,

[F59(vii)the M23Children Act 1958,]

[F60(viii)section 9 of the M24Mental 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,

[F61(x)section 9 of the M25Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi)the M26Children and Young Persons Act 1963, except Part II and section 56,

(xii)this Act,

(xiii)the M27Adoption Act 1968,

(xiv)section 7(4) of the M28Family Law Reform Act 1969,

(xv)the M29Children and Young Persons Act 1969,

(xvi)section 43 of the M30Matrimonial Causes Act 1973,

[F62(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(xviii)the M31Children Act 1975,]

[F62(xix)the M32National Health Service Act 1977],

[F64(xix)the M33Adoption Act 1976],

[F65(xxi)the Children Act 1989.]

(c)relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

(d)voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(4)The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M34National Health Service Act 1946, sections 26(6) and 30(2) of the M35National Assistance Act 1948, sections 45(4) and 46(3) of the M36London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.

(5)Subsection (1) of section 46 of the M37Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.

(6)This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—

(2A)Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a [F66local 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 [F66local 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 [F66local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(2B)In this section—

(a)local authority” (except where used in the expression “public or local authority”) means, [F68the [F69council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

[F71(c)the relevant enactments” means the National Health Service (Scotland) Acts [F721978], 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

F59S. 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).

F65S. 65(3)(b)(xxi) substituted (E.W.) (4.10.1991) 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).

F66S. 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)

F68Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F69S. 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)

Modifications etc. (not altering text)

Marginal Citations

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

(1)[F73The 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 special hospitals.

(2)The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M38Mental Health Act 1959 and special hospitals, there were substituted references respectively to the Secretary of State, the M39Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F73Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

Modifications etc. (not altering text)

C6The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74E+W+S

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