xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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F1S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).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F2S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5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F3Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11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] F9... [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 [F17either of the 2006 Acts] [F18or 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 [F19Primary Care Trust or] [F20a [F21Local Health Board]] is, by virtue of [F22Chapter 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;
[F23(ba)the provision or performance of a service in accordance with arrangements made under F24... 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;]
[F25(bb)the provision of a local pharmaceutical service under a pilot scheme [F26or 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 [F27a Health Board] is, by virtue of Part [F28II] of the [F281978] 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.
F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(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.
[F31(5A)The Secretary of State may by regulations provide for any functions exercisable by a [F32Strategic Health Authority,] F33... [F34Special Health Authority [F35, Primary Care Trust or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F36Strategic Health Authority,] F33... [F34Special Health Authority [F35, Primary Care Trust or Local Health Board]] jointly with one or more other relevant health service bodies; and
[F37(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—
[F38(za)Strategic Health Authorities;]
F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Special Health Authorities;
[F40(bb)Primary Care Trusts]; F41...
[F42(bbb)Local Health Boards; F43...]
(c)NHS trusts.
[F44(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 [F45and for ancillary administrative purposes]; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
F46(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F48“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];
“1947 Act” means the M5National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
[F57(8A)Expressions used in both this section and the [F582006 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; F59. . .
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) 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)
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., 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)
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) 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)
F18Words 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)
F19Words 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)
F20Words 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)
F21Words 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)
F22Words 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)
F23S. 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))
F24Words 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)
F25S. 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)
F26Words 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)
F27Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
F28Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
F29S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
F30S. 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
F31S. 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)
F32Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)
F33Words 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)
F34Words 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)
F35Words 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)
F36Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)
F37Words 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)
F38S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)
F39S. 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)
F40S. 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)
F41Word 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)
F42S. 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)
F43Word 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
F44S. 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
F45Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
F46Ss. 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
F47Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F48Words 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)
F49Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
F50Words 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)
F51Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
F52Words 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)
F53Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F54Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
F55Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
F56Words 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)
F57S. 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)
F58Words 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)
F59Words 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)[F61The 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—
[F62(a)“the relevant enactments” means—
(i)Parts III and IV of the M9Children and Young Persons Act 1933,
F63(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)Part III of the M10National Assistance Act 1948,
F64(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F66(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M11Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
F67(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiii)section 7(4) of the M12Family Law Reform Act 1969,
(xiv)the M13Children and Young Persons Act 1969, F68...
F66(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)the M14Children Act 1975
[F70(xviii) the Adoption and Children Act 2002],
[F71(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],
[F72(xx)the Children Act 1989],
[F73(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 [F74the Secretary of State] or the council of a [F75non-metropolitan county, [F76county borough] metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F77a [F78Primary Care Trust or] [F79Local Health Board] are, by virtue of [F80Chapter 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 [F81or 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 F82... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F83and the National Health Service Scotland Act [F841978]];
(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 [F85a Health Board] is, by virtue of Part [F86II] of the National Health Service (Scotland) Act [F861978] under a duty to make arrangements [F87or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]
Textual Amendments
F60S. 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
F61Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F62S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
F63S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
F64S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
F65S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F66S. 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).
F67S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F68Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F69S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F70S. 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)
F71Words 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)
F72S. 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).
F73S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
F74Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F75Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
F76Words 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
F77Words 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)
F78Words 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)
F79Words 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)
F80Words 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)
F81Words 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)
F82Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F84Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)
F85Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
F86Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
F87Words 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, . . . F88.
(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, . . . F89
(3)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F90other than a metropolitan county, or of a [F91county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F92(b)“the relevant enactments” means—
(i)Parts III and IV of the M15Children and Young Persons Act 1933,
F93(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)Part III of the M16National Assistance Act 1948,
F94(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M17Adoption Act 1958,
(vi)section 3 of the M18Disabled Persons (Employment) Act 1958,
[F95(vii)the M19Children Act 1958,]
[F96(viii)section 9 of the M20Mental 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,
[F97(x)section 9 of the M21Domestic Proceedings and Magistrates’ Courts Act 1978],
(xi)the M22Children and Young Persons Act 1963, except Part II and section 56,
(xii)this Act,
(xiii)the M23Adoption Act 1968,
(xiv)section 7(4) of the M24Family Law Reform Act 1969,
(xv)the M25Children and Young Persons Act 1969,
(xvi)section 43 of the M26Matrimonial Causes Act 1973,
F98(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii)the M27Children Act 1975,
[F99(xix)[F100the Adoption and Children Act 2002]],
[F101(xix)[F102the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],
[F103(xxi)the Children Act 1989],
[F104(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 M28National Health Service Act 1946, sections 26(6) and 30(2) of the M29National Assistance Act 1948, sections 45(4) and 46(3) of the M30London 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 M31Local 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 [F105local 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 [F105local 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 [F105local authority] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F107the [F108council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
F109(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F110(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F1111978], 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
F88Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F89Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F90Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
F91Words 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
F92s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
F93S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F94S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F95S. 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).
F96S. 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).
F97S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
F98S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F99S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
F100Words 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)
F101S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
F102Words 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)
F103S. 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).
F104S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33
F105S. 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)
F106Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F107Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
F108S. 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)
F109S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
F110S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
F111Words 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)[F112The 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 [F113hospitals 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 M32Mental Health Act 1959 and [F113hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M33Mental Health (Scotland) Act 1960 and State hospitals.
Textual Amendments
F112Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F113Words 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
F114Ss. 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