(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F7(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M3Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(xiii)section 7(4) of the M4Family Law Reform Act 1969,
(xiv)the M5Children and Young Persons Act 1969, . . . F9
F7(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(xvii)the M6Children Act 1975]
[F11(xviii)the National Health Service Act 1977]
[F12(xviii) the Adoption and Children Act 2002]
[F13(xx)the Children Act 1989.]
[F14(xxi)sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]
(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 [F15the Secretary of State] or the council of a [F16non-metropolitan county, [F17county borough] metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F18a [F19Primary Care Trust or] Health Authority are, by virtue of Part II of the M7National Health Service Act 1977,], under a duty to make arrangements [F20or any service which a Primary Care Trust or Local Health Board is under a duty to provide under section 16CA or 16CC of that Act]; 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 . . . F21, Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F22and the National Health Service Scotland Act [F231978]];
(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 [F24a Health Board] is, by virtue of Part [F25II] of the National Health Service (Scotland) Act [F251978] under a duty to make arrangements [F26or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]
Textual Amendments
F1S. 64 repealed so far as it relates to (S.) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 3, Sch. 10 Pt. I
F2Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F3S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46
F4S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16
F5S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6
F6S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F7S. 64(3)(a)(vi)(vii)(ix)(xv) repealed (E.W.)(14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
F8S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4
F9Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F10S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F11S. 64(3)(a)(xviii) added by National Health Service Act 1977 (c. 49), Sch. 15 para. 46(c)
F12S. 64(3)(a)(xviii) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 10 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F13S. 64(3)(a)(xx) substituted (E.W.) (14. 10. 1991) for s. 64(3)(a)(xix) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 19), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(1), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F14S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32
F15Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F16Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)
F17Words in s. 64(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F18Words in s. 64(3)(b) substituted (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(3)
F19Words in s. 64(3)(b) inserted (1.10.2002) by 2002 c. 17, ss. 2(5), Sch. 2 Pt. 2 para. 40(3); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)
F20Words in s. 64(3)(b) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 5; S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F21Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F23Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)
F24Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)
F25Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)
F26Words in s. 64(4) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(4)
Modifications etc. (not altering text)
C1S. 64(1): 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
S. 64(1): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), Sch. 1 (with regs. 3, 4)
C2The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State
Marginal Citations