- Latest available (Revised)
- Point in Time (30/12/2005)
- Original (As enacted)
Version Superseded: 01/04/2006
Point in time view as at 30/12/2005.
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 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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F1S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
Textual Amendments
F2S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5
(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.
Textual Amendments
F3Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11
F4Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123
F5Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)
F6Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(b)
Marginal Citations
(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 [F8Strategic Health Authority][F9Health Authority [F10or Special Health Authority, Health Board [F11, 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 [F12determined 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 [F13non-metropolitan county [F14county borough], metropolitan district] or London borough or the Common Council of the City of London F15. . .;
[F16(aa)the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act [F17or 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 [F18Primary Care Trust or][F9a Health Authority] is, by virtue of [F19Part 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;
[F20(ba)the provision or performance of a service in accordance with arrangements made under F21... section 17C of the M4National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]
[F22(bb)the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act 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;]
[F23(bb)the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act 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 [F24a Health Board] is, by virtue of Part [F25II] of the [F251978] 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.
F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
[F28(5A)The Secretary of State may by regulations provide for any functions exercisable by a [F29Strategic Health Authority,] Health Authority [F30Special Health Authority [F31, Primary Care Trust or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F32Strategic Health Authority,] Health Authority [F30Special Health Authority [F31, Primary Care Trust or Local Health Board]] 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—
[F33(za)Strategic Health Authorities;]
(a)Health Authorities;
(b)Special Health Authorities;
[F34(bb)Primary Care Trusts]; [F35and]
[F36(bbb)Local Health Boards; F37...]
(c)NHS trusts.]
[F38(d)NHS foundation 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 [F39and for ancillary administrative purposes]; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
F40(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F42 “1977 Act” means the M5National Health Service Act 1977];
“1947 Act” means the M6National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
[F49(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; F50. . .
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
F7Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F8Words in S. 63(1)(a) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 5
F9Words 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)
F10Words 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)
F11Words in s. 63(1)(a) substituted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.
F12Words 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)
F13Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)
F14Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1
F15Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F16S. 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)
F17Words 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)
F18Words 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)
F19Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)
F20S. 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))
F21Words 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)
F22S. 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)
F23S. 63(2)(bb) inserted (1.7.2002 for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(5)); S.I. 2002/1475, art. 2(1), Sch.
F24Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
F25Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
F26S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
F27S. 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
F28S. 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)
F29Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)
F30Words 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)
F31Words in s. 63(5A) substituted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.
F32Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)
F33S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)
F34S. 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)
F35Word in s. 63(5B)(bb) repealed (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 37(2), 42(3), Sch. 5 para. 2(4), Sch. 9 Pt. 1; S.I. 2002/2532, art. 2 Sch.
F36S. 63(5B)(bbb) inserted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2 Sch.
F37Word 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
F38S. 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
F39Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
F40Ss. 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
F41Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F42Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)
F43Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
F44Words 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)
F45Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
F46Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F47Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
F48Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
F49S. 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)
F50Words 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)[F52The 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—
[F53(a)“the relevant enactments” means—
(i)Parts III and IV of the M12Children and Young Persons Act 1933,
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
(iii)Part III of the M13National Assistance Act 1948,
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
F57(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F57(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M14Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
(xiii)section 7(4) of the M15Family Law Reform Act 1969,
(xiv)the M16Children and Young Persons Act 1969, . . . F59
F57(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
(xvii)the M17Children Act 1975]
[F61(xviii)the National Health Service Act 1977]
[F62(xviii) the Adoption and Children Act 2002]
[F63(xx)the Children Act 1989.]
[F64(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 [F65the Secretary of State] or the council of a [F66non-metropolitan county, [F67county borough] metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F68a [F69Primary Care Trust or] Health Authority are, by virtue of Part II of the M18National Health Service Act 1977,], under a duty to make arrangements [F70or 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 . . . F71, Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F72and the National Health Service Scotland Act [F731978]];
(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 [F74a Health Board] is, by virtue of Part [F75II] of the National Health Service (Scotland) Act [F751978] under a duty to make arrangements [F76or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]
Textual Amendments
F51S. 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
F52Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F53S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
F54S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
F55S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
F56S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F57S. 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).
F58S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F59Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F60S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F61S. 64(3)(a)(xviii) added by National Health Service Act 1977 (c. 49), Sch. 15 para. 46(c)
F62S. 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)
F63S. 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).
F64S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
F65Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F66Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
F67Words 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
F68Words 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)
F69Words 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)
F70Words 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)
F71Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F73Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)
F74Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
F75Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
F76Words 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, . . . F77.
(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, . . . F78
(3)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F79other than a metropolitan county, or of a [F80county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F81(b)“the relevant enactments” means—
(i)Parts III and IV of the M19Children and Young Persons Act 1933,
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
(iii)Part III of the M20National Assistance Act 1948,
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
(v)the M21Adoption Act 1958,
(vi)section 3 of the M22Disabled Persons (Employment) Act 1958,
[F84(vii)the M23Children Act 1958,]
[F85(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,
[F86(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,
(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87
(xviii)the M31Children Act 1975,
[F88(xix)the M32National Health Service Act 1977],
[F89(xix)[F90the Adoption and Children Act 2002]] ,
[F91(xxi)the Children Act 1989.]
[F92(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 M33National Health Service Act 1946, sections 26(6) and 30(2) of the M34National Assistance Act 1948, sections 45(4) and 46(3) of the M35London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.
(5)Subsection (1) of section 46 of the M36Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.
(6)This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—
“(2A)Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a [F93local 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 [F93local 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 [F93local authority] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94
(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F95the [F96council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97
[F98(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F991978], 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
F77Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F78Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F79Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
F80Words 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
F81s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
F82S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F83S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F84S. 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).
F85S. 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).
F86S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
F87S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F88S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
F89S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
F90Words 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)
F91S. 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).
F92S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33
F93S. 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)
F94Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F95Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
F96S. 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)
F97S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
F98S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
F99Words 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)[F100The 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 [F101hospitals at which high security psychiatric services are provided].
(2)The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M37Mental Health Act 1959 and [F101hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M38Mental Health (Scotland) Act 1960 and State hospitals.
Textual Amendments
F100Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F101Words 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
F102Ss. 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
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