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Part IVU.K. Miscellaneous Matters

Provisions applicable to England and Wales and ScotlandE+W+S

[F164 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.E+W+S

(1)[F2The 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—

[F3(a)the relevant enactments” means—

(i)Parts III and IV of the M1Children and Young Persons Act 1933,

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(iii)Part III of the M2National Assistance Act 1948,

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

[F7(vi)the M3Foster Children Act 1980,]]

[F8(vii)section 9 of the M4Mental Health Act 1959,]

(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

[F9(ix)section 9 of the M5Domestic Proceedings and Magistrates’ Courts Act 1978]

(x)the M6Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(xiii)section 7(4) of the M7Family Law Reform Act 1969,

(xiv)the M8Children and Young Persons Act 1969, . . . F11

[F8(xv)section 43 of the M9Matrimonial Causes Act 1973,]

(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(xvii)the M10Children Act 1975]

[F13(xviii)the M11National Health Service Act 1977]

[F14(xviii)the M12Adoption Act 1976]

[F15(xix)the Child Care Act 1980 except so far as it relates to any voluntary home designated as mentioned in section 35(1) of that Act as a controlled or assisted community home

(xx)the Children Act 1989.]

(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 [F16the Secretary of State] or the council of a [F17non-metropolitan county, metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F18a Family Practitioner Committee] is, by virtue of [F19Part II of the M13National Health Service Act 1977], under a duty to make arrangements; 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 . . . F20, Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F21and the National Health Service Scotland Act [F221978]];

(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 [F23a Health Board] is, by virtue of Part [F24II] of the National Health Service (Scotland) Act [F241978] under a duty to make arrangements; and

Textual Amendments

F2Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F8Ss. 60, 64(3)(a)(vi)(vii)(ix)(xv), 65(3)(b)(vii)(viii)(x) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 paras. 1(1), 27(4), Sch. 15

F15S. 64(3)(a)(xix) added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 19, and s. 64(3)(a)(xx) substituted (prosp.) for that s. 64(3)(a)(xix) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(1), Sch. 14 para. 1(1)

F16Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F18Words substituted by S.I. 1985/39, art. 6(2)

F19Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

Modifications etc. (not altering text)

C1The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

Marginal Citations