Part IV Miscellaneous Matters

Provisions applicable to England and Wales and Scotland

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

(1)

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 F2the National Health Service Commissioning Board or a clinical commissioning group, F3... F4... F5or Special Health Authority, Health Board F6... F7or 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 F8determined 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 HealthF9, the National Health Service Commissioning Board, a clinical commissioning group or the council of a F10non-metropolitan county F11county borough, metropolitan district or London borough or the Common Council of the City of London F12. . . ;

F13(aa)

the provision or performance of a primary medical service or primary dental service under F14either of the 2006 Acts F15or 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 F16F17the National Health Service Commissioning Board or F18a F19Local Health Board is, by virtue of F20Chapter 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;

F21(ba)

the provision or performance of a service in accordance with arrangements made under F22... 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;

F23(bb)

the provision of a local pharmaceutical service under a pilot scheme F24established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006 F25or 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 F26a Health Board is, by virtue of Part F27II of the F271978 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.

F28(3)

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

F29(4)

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

(5)

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

F30(5A)

The Secretary of State may by regulations provide for any functions exercisable by a F31... F32... F33Special Health Authority F34... F35or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the F31... F32... F33Special Health Authority F34... F35or Local Health Board jointly with one or more other relevant health service bodies; and

F36(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—

F37(za)

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

F38(a)

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

(b)

Special Health Authorities;

F39(bb)

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

F40(bbb)

Local Health Boards; F41...

(c)

NHS trusts.

F42(d)

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 F43and for ancillary administrative purposes; and

(b)

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

F44(6A)

The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.

(6B)

The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.

F45(7)

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

(8)

In this section—

  • F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F47“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, F48any enactment functions under which F49are social services functions within the meaning of the M3Local Authority Social Services Act 1970 F50and the National Health Service Act F512006 F52or for the purposes of the Social Services and Well-being (Wales) Act 2014;

    2. (b)

      in relation to subsection (2)(c) above, F53... F54... , F55section 39 of the M4National Health Service Scotland Act 1978 F56... F57the F582006 Acts F59and Part 4 of the Social Services and Well-being (Wales) Act 2014.

F60(8A)

Expressions used in both this section and the F612006 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; F62. . .

X1(10)

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