Health Services and Public Health Act 1968

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) [F1 The 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 [F2 Health Authority [F3 or Special Health Authority,Health Board or Primary Care Trust]]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 [F4 determined 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 [F5 non-metropolitan county [F6 county borough], metropolitan district] or London borough or the Common Council of the City of London . . . F7 ;

(b) the provision of a service for the provision of which [F2 a Health Authority] is, by virtue of [F8 Part 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;

[F9 (ba) the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the M1 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance 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 [F10 a Health Board] is, by virtue of Part [F11 II] of the [F11 1978] 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F1 the Secretary of State] thinks fit.

[F14 (5A) The Secretary of State may by regulations provide for any functions exercisable by a Health Authority [F15 Special Health Authority or Primary Care Trust] under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority [F15 Special Health Authority or Primary Care Trust] 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;

[F16 (bb) Primary Care Trusts]

; and

(c) NHS trusts.]

(6) [F1 The 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 [F17 and for ancillary administrative purposes]; and

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(8) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

• [“ F20 1977 Act” means the M2 National Health Service Act 1977];

• “1947 Act” means the M3 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F21 any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M4 Local Authority Social Services Act 1970 [F22 and the M5 National Health Service Act 1977]];

  (b)

  in relation to subsection (2)(c) above, . . . F23 Part III of the M6 National Assistance Act 1948, [F24 section 39 of the M7 National Health Service Scotland Act 1978][F25 section 45 of this Act and the M8 National Health Service Act 1977].

[F26 (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; . . . F27

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

Textual Amendments

F1 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F2 Words 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)

F3 Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F4 Words 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)

F5 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F6 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F8 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)

F9 S. 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))

F10 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F11 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F12 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F13 S. 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

F14 S. 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)

F15 Words in s. 63(5A) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F16 S. 63(5B)(bb) inserted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(c); S.I. 1999/2342, art. 2(3)(a)

F17 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F18 Ss. 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

F19 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F20 Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)

F21 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F22 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F23 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F24 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F25 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F26 S. 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)

F27 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C1 References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2 S. 63(1)(5)(6): 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

C3 S. 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)

C4 S. 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)

C5 The 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

M1 1978 c. 29.

M2 1977 c. 49.

M3 1947 c. 27.

M4 1970 c.42.

M5 1977 c. 49.

M6 1948 c. 29

M7 1978 c. 29.

M8 1977 c. 49.