Health Services and Public Health Act 1968

Section 78.

SCHEDULE 3 Consequential Amendments of Enactments and Schemes

PART I Enactments

The Midwives Act 1936 (26 Geo. 5 & 1 Edw. 8. c. 40)

In section 2(3), the first reference to the Midwives Act 1936 shall be construed as including a reference to section 10 of this Act as it applies to England and Wales.

The National Health Service (Scotland) Act 1947 (10 & 11 Geo. 6. c. 27)

Section 63 shall have effect as if, after the word " or" where it secondly occurs, there were inserted the words " (except where the authority is a local health authority) ".

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The National Assistance Act 1948 (11 & 12 Geo. 6. c. 29)

In section 21(7), in the definition of local health services, the reference to services provided for persons in their own homes under Part III of the 1946 Act or Part III of the 1947 Act shall be construed as including a reference to services so provided under Part I of this Act.

In section 29(6)(b), the reference to accommodation and services required to be provided under the 1946 or the 1947 Act shall be construed as including a reference to accommodation or services required to be provided under Part I of this Act.

The Midwives Act 1951 (14 & 15 Geo. 6. c. 53)

In section 11(2), the reference to section 23 of the 1946 Act shall be construed as including a reference to section 10 of this Act.

The Disabled Persons (Employment) Act 1958 (6 & 7 Eliz. 2. c. 33)

In section 3(2), references to arrangements under section 28 of the 1946 Act shall be construed as references to arrangements under section 12 of this Act.

In paragraph 2 of the Schedule, references to functions under section 28 of the 1946 Act shall be construed as references to functions under section 12 of this Act.

The Local Government Act 1958 (6 & 7 Eliz. 2. c. 55)

In section 46(1).—

(a) for paragraph (a) there shall be substituted the following paragraph:—

“(a) Part III of the [1946 c. 81.] National Health Service Act 1946, except the functions under section 27 of that Act (which relates to ambulances), section 1 of the [1967 c. 39.] National Health Service (Family Planning) Act 1967 and sections 10 to 13 of the Health Services and Public Health Act 1968 except the functions mentioned in paragraph (g) of this subsection”;

(b) after paragraph (d) there shall be inserted the following paragraphs:—

“(e) section 45 of the Health Services and Public Health Act 1968 ;

(ea) section 65 of the Health Services and Public Health Act 1968”;

(c) for paragraph (g) there shall be substituted the following paragraph:—

“(g) section 12 of the Health Services and Public Health Act 1968 so far as it relates to the care in residential accommodation of persons with a view to preventing them from becoming mentally ill, to the care in such accommodation of persons suffering from mental illness or to the after-care in such accommodation of persons who have been so suffering”.

The Mental Health Act 1959 (7 & 8 Eliz. 2. c. 72)

In section 8, in subsection (1), the reference to provision made under section 28 of the 1946 Act shall be construed as a reference to provision made under section 12 of this Act, and in subsections (2) and (4), references to Part III of the 1946 Act shall be construed as including references to Part I of this Act.

In sections 9(1) and 12(1), any reference to arrangements made under section 28 of the 1946 Act shall be construed as a reference to arrangements made under section 12 of this Act.

The Mental Health (Scotland) Act 1960 (8 & 9 Eliz. 2. c. 61)

In section 8, in subsections (2) and (4), the references to Part III of the 1947 Act shall be construed as including references to Part I of this Act.

The Health Visiting and Social Work (Training) Act 1962 (10 & 11 Eliz. 2. c. 33)

In sections 3 and 5, references to functions under Part III of the 1946 Act shall be construed as including references to functions under Part I of this Act in its application to England and Wales, and references to functions under Part III of the [1948 c. 29.] National Assistance Act 1948 shall be construed as including references to functions under section 26 of that Act as amended by section 44 of this Act and under section 45 of this Act.

In section 3(5), the reference to functions under Part III of the 1947 Act shall be construed as including a reference to functions under Part I of this Act in its application to Scotland.

The London Government Act 1963 (1963 c. 33)

The reference in paragraph (a) of section 45(2) to Part III of the 1946 Act shall be construed as including a reference to sections 10, 12 and 13 of this Act.

The General Rate Act 1967 (1967 c. 9)

In section 45(b), the references to purposes mentioned in and arrangements made under section 28(1) of the 1946 Act shall be construed respectively as including references to purposes mentioned in and arrangements made under section 12 of this Act.

PART II Schemes

All delegation schemes in force under section 46 of the [1958 c. 55.] Local Government Act 1958 immediately before the coming into operation of this Part of this Schedule shall be amended as follows :—

(a) references to sections 23, 28 and 29 of the 1946 Act shall be construed as referring respectively to sections 10, 12 and 13 of this Act;

(b) references to sections 24 and 25 of the 1946 Act shall be construed as including respectively references to sections 11(1) and 11(2) of this Act;

(c) any reference to section 29 of the [1948 c. 29.] National Assistance Act 1948 shall be construed as including a reference to section 45 of this Act;

(d) references to sections 22 and 28 of the 1946 Act and section 30 of the National Assistance Act 1948 shall be construed as including references to section 65 of this Act.