Part IV Miscellaneous Matters

Provisions applicable to England and Wales and Scotland

C1C263 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.

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 AuthorityF50... F4or Special Health Authority, Health Board F38, 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 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. . . ;

F32aa

the provision or performance of a primary medical service or primary dental service under F42either of the 2006 ActsF33or 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 F9Primary Care Trust orF3a F51Local Health Board is, by virtue of F43Chapter 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;

F10ba

the provision or performance of a service in accordance with arrangements made under F34... 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;

F31bb

the provision of a local pharmaceutical service under a pilot scheme F44or 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 F11a Health Board is, by virtue of Part F12II of the F121978 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.

F133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F155A

The Secretary of State may by regulations provide for any functions exercisable by a F16Strategic Health Authority,F52... F17Special Health Authority F39, Primary Care Trust or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the F18Strategic Health Authority,F52... F17Special Health Authority F39, Primary Care Trust or Local Health Board jointly with one or more other relevant health service bodies; and

F45a

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—

F19za

Strategic Health Authorities;

F53a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

Special Health Authorities;

F20bb

Primary Care Trusts; F40...

F41bbb

Local Health Boards; F35...

c

NHS trusts.

F36d

NHS foundation 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 F21and for ancillary administrative purposes; and

b

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

F227

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In this section—

  • F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F46“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;

  • “1947 Act” means the M2National Health Service (Scotland) Act 1947;

  • “the relevant enactments” means—

    1. a

      in relation to subsection (2)(a) above, F24any enactment functions under which F37are social services functions within the meaning of the M3Local Authority Social Services Act 1970F25and the National Health Service Act F472006;

    2. b

      in relation to subsection (2)(c) above, F26. . . Part III of the M4National Assistance Act 1948, F27section 39 of the M5National Health Service Scotland Act 1978F28section 45 of this Act and the F482006 Acts.

F298A

Expressions used in both this section and the F492006 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; F30. . .

X110

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