Part IV Miscellaneous Matters

Provisions applicable to England and Wales and Scotland

C263 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare. C1

C3C41

F1The 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 F2Strategic Health AuthorityF3Health Authority F4or Special Health Authority,Health Board or Primary Care Trustsuch 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 F5determined 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 F6non-metropolitan county F7county borough, metropolitan district or London borough or the Common Council of the City of London . . . F8;

b

the provision of a service for the provision of which a F9Primary Care Trust orF3Health Authority is, by virtue of F10Part 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;

F11ba

the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the M1National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;

F12bb

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 F13a Health Board is, by virtue of Part F14II of the F141978 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

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4

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C25

Instruction under this section may be provided on such terms, including terms as to payment of charges, as F1the Secretary of State thinks fit.

F175A

The Secretary of State may by regulations provide for any functions exercisable by a F18Strategic Health Authority, Health Authority F19Special Health Authority or Primary Care Trust under or in relation to arrangements made under subsection (1) above to be exercisable by the F20Strategic Health Authority, Health Authority F19Special 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—

F21za

Strategic Health Authorities;

a

Health Authorities;

b

Special Health Authorities;

F22bb

Primary Care Trusts

; and

c

NHS trusts.

6

F1The 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 F23and for ancillary administrative purposes; and

b

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

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

8

In this section—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

  • “F261977 Act” means the M2National Health Service Act 1977;

  • “1947 Act” means the M3National Health Service (Scotland) Act 1947;

  • “the relevant enactments” means—

    1. a

      in relation to subsection (2)(a) above, F27any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M4Local Authority Social Services Act 1970F28 and the M5National Health Service Act 1977;

    2. b

      in relation to subsection (2)(c) above, . . . F29 Part III of the M6National Assistance Act 1948, F30section 39 of the M7National Health Service Scotland Act 1978F31section 45 of this Act and the M8National Health Service Act 1977.

F328A

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; . . . F33

C510

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