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Health Services and Public Health Act 1968

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Health Services and Public Health Act 1968, Cross Heading: Provisions applicable to England and Wales and Scotland is up to date with all changes known to be in force on or before 15 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 59(2D) inserted by S.I. 2006/1056 Sch. para. 1(2)(c) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
  • s. 63(2)(aa) words inserted by S.I. 2006/1056 Sch. para. 1(3) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

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

F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F1S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.E+W+S

(1)In the M1Public Health Act 1936 references to vessels, . . . F3, shall be construed as including references to [F4hovercraft within the meaning of the M2Hovercraft Act 1968] and [F5in that Act]master” shall be construed accordingly.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(1)[F7The 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 [F8the National Health Service Commissioning Board or a clinical commissioning group,] F9... F10... [F11or Special Health Authority, Health Board F12... [F13or 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 [F14determined 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[F15, the National Health Service Commissioning Board, a clinical commissioning group] or the council of a [F16non-metropolitan county [F17county borough], metropolitan district] or London borough or the Common Council of the City of London F18. . . ;

[F19(aa)the provision or performance of a primary medical service or primary dental service under [F20either of the 2006 Acts] [F21or 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 [F22[F23the National Health Service Commissioning Board] or] [F24a [F25Local Health Board]] is, by virtue of [F26Chapter 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;

[F27(ba)the provision or performance of a service in accordance with arrangements made under F28... section 17C of the M3National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F29(bb)the provision of a local pharmaceutical service under a pilot scheme [F30established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006] [F31or 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 [F32a Health Board] is, by virtue of Part [F33II] of the [F331978] 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.

F34(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F7the Secretary of State] thinks fit.

[F36(5A)The Secretary of State may by regulations provide for any functions exercisable by a F37... F38... [F39Special Health Authority F40... [F41or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F37... F38... [F39Special Health Authority F40... [F41or Local Health Board]] jointly with one or more other relevant health service bodies; and

[F42(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—

F43(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Special Health Authorities;

F45(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(bbb)Local Health Boards; F47...]

(c)NHS trusts.

[F48(d)NHS foundation trusts]]

(6)[F7The 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 [F49and for ancillary administrative purposes]; and

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

[F50(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.]

F51(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F532006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006];

  • 1947 Act” means the M4National Health Service (Scotland) Act 1947;

  • the relevant enactments” means—

    (a)

    in relation to subsection (2)(a) above, [F54any enactment functions under which [F55are social services functions within the meaning] of the M5Local Authority Social Services Act 1970] [F56and the National Health Service Act [F572006]] [F58or for the purposes of the Social Services and Well-being (Wales) Act 2014];

    (b)

    in relation to subsection (2)(c) above, F59... F60... , [F61section 39 of the M6National Health Service Scotland Act 1978] F62... [F63the [F642006 Acts]] [F65and Part 4 of the Social Services and Well-being (Wales) Act 2014].

[F66(8A)Expressions used in both this section and the [F672006 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; F68. . .

X1(10)Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.

Editorial Information

X1The text of ss. 63(10), 78(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F7Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F11Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F13Words in s. 63(1)(a) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F17Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F22Words in s. 63(2)(b) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 40(2); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)

F24Words in s. 63(1)(a)(2)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by virtue of 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III, para. 95(2)(a)(b) (with Sch. 2 paras. 6, 16)

F29S. 63(2)(bb) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F30Words in s. 63(2)(bb) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 2; S.I. 2010/30, art. 2(b)

F36S. 63(5A)(5B) inserted (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(2)(c) (with Sch. 2 paras. 6, 16)

F39Words in s. 63(5A) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F41Words in s. 63(5A) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F46S. 63(5B)(bbb) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F50S. 63(6A)(6B) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 97(7), 127(1); S.I. 2014/2473, art. 4(2)(a)

F55Words in s. 63(8) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(3), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(2)(f)

F66S. 63(8A) inserted (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(2)(d) (with Sch. 2 paras. 6, 16)

Modifications etc. (not altering text)

C1References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2S. 63(1)(5)(6): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue on S.I. 2000/695, reg. 3(2)(a), Sch. 1

C3S. 63(1)(5)(6) transfer of functions (E.) (1.4.2001) by S.I. 2001/747, reg. 2(1), Sch. 1 (with regs. 3, 4)

C4S. 63(1) modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(5), 6(4)

C5S. 63(1)(5)(6) functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

[F6964 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.E+W

(1)[F70The 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—

[F71(a)the relevant enactments” means—

(i)Parts III and IV of the M7Children and Young Persons Act 1933,

F72(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F76(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the M8Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

F77(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii)section 7(4) of the M9Family Law Reform Act 1969,

(xiv)the M10Children and Young Persons Act 1969, F78...

F76(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)the M11Children Act 1975

[F80(xviii) the Adoption and Children Act 2002],

[F81(xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006],

[F82(xx)the Children Act 1989],

[F83(xxi)[F84section 92 of] the Powers of Criminal Courts (Sentencing) Act 2000],

[F85(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;]

[F86(xxiii)section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;]]

(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 [F87the Secretary of State] or the council of a [F88non-metropolitan county, [F89county borough] metropolitan district] or London borough or the Common Council of the City of London [F90or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements] or a service for the provision of which [F91[F92a local Health Board is], by virtue of F93... [F94Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006],] under a duty to make arrangements [F95or any service which a F96... 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 F97... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F98and the National Health Service Scotland Act [F991978]];

(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 [F100a Health Board] is, by virtue of Part [F101II] of the National Health Service (Scotland) Act [F1011978] under a duty to make arrangements [F102or any service which a Health Board is under a duty to provide under section 2C of that Act]; and]

Textual Amendments

F70Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F71S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F72S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F74S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F75S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F76S. 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).

F77S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F82S. 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).

F83S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F87Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F91Words 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)

F93Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F96Words in s. 64(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 13(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C6S. 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)

C7The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

C8S. 64(1) functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Marginal Citations

65 Financial and other assistance by local authorities to certain voluntary organisations. E+W+S

(1)A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, 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, . . . F103.

(2)A local authority may also assist any such voluntary organisation as aforesaid by permitting them to use premises belonging to the authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift, or loan or otherwise) and the services of any staff who are employed by the authority in connection with the premises or other things which they permit the organisation to use, . . . F104

(3)In this section—

(a)local authority” (except where used in the expression “public or local authority”) means the council of a county, [F105other than a metropolitan county, or of a [F106county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F107(b)the relevant enactments” means—

(i)Parts III and IV of the M12Children and Young Persons Act 1933,

F108(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M13Adoption Act 1958,

(vi)section 3 of the M14Disabled Persons (Employment) Act 1958,

[F111(vii)the M15Children Act 1958,]

[F112(viii)section 9 of the M16Mental Health Act 1959,]

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

[F113(x)section 9 of the M17Domestic Proceedings and Magistrates’ Courts Act 1978],

(xi)the M18Children and Young Persons Act 1963, except Part II and section 56,

(xii)this Act,

(xiii)the M19Adoption Act 1968,

(xiv)section 7(4) of the M20Family Law Reform Act 1969,

(xv)the M21Children and Young Persons Act 1969,

(xvi)section 43 of the M22Matrimonial Causes Act 1973,

F114(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xviii)the M23Children Act 1975,

[F115(xix)[F116the Adoption and Children Act 2002]],

[F117(xix)[F118the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],

[F119(xxi)the Children Act 1989],

[F120(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;]

[F121(xxiii)section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;]]

(c)relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

(d)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)The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M24National Health Service Act 1946, sections 26(6) and 30(2) of the M25National Assistance Act 1948, sections 45(4) and 46(3) of the M26London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.

(5)Subsection (1) of section 46 of the M27Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.

(6)This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—

(2A)Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a [F122local authority] may assist any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people to provide such meals or such recreation by contributing to the funds of the organisation, by permitting them to use premises belonging to the [F122local authority] on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the [F122local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(2B)In this section—

(a)local authority” (except where used in the expression “public or local authority”) means, [F124the [F125council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

F126(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F127(c)the relevant enactments” means the National Health Service (Scotland) Acts [F1281978], Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;]

(d)relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

(e)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.

(2C)This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948

Textual Amendments

F111S. 65(3)(b)(vii) which was substituted (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I was 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); the Children Act 1958 was repealed (S.) by Foster Children (Scotland) Act 1984 c. 56, s. 22, Sch. 3 and the reference to the Children Act 1958 should be construed in accordance with the Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a).

F112S. 65(3)(b)(viii)(x) 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).

F119S. 65(3)(b)(xxi) substituted (E.W.) (14. 10. 1991) for s. 65(3)(b)(xx) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 20), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F122S. 65(6): words in substituted subsection (2A) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(a); S.I. 1996/323, art. 4(1)(c)

F124Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F125S. 65(6): words in substituted subsection (2B)(a) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(b); S.I. 1996/323, art. 4(1)(c)

F126S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

Modifications etc. (not altering text)

Marginal Citations

66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.E+W+S

(1)[F129The Secretary of State] may, in accordance with arrangements made by him with the approval of the Treasury, make payments, at such rates as may be determined under those arrangements, to persons of such class or description as may be so determined in respect of travelling expenses necessarily incurred by them in making visits to patients for the time being detained under the Mental Health Act 1959 in [F130hospitals at which high security psychiatric services are provided].

(2)The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M28Mental Health Act 1959 and [F130hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M29Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F129Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F130Words in s. 66(1)(2) substituted (1.4.2000) by S.I. 2000/90, art. 3(2), Sch. 2 para. 2 (with art. 2(5))

Modifications etc. (not altering text)

C10The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131E+W+S

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