Health Services and Public Health Act 1968

Provisions applicable to England and Wales and Scotland E+W+S

[60 F1 Amendment of Nurseries and Child-Minders Regulation Act 1948. E+W+S

(1) The M1 Nurseries and Child-Minders Regulation Act 1948 shall be amended as follows.

(2) Section 1(1)(a) (by virtue whereof local health authorities are required to keep registers of premises in their areas, other than premises wholly or mainly used as private dwellings, where children are received to be looked after for the day or a substantial part thereof or for any longer period not exceeding six days) shall have effect with the substitution, for the words ”a substantial part thereof”, of the words ”for a part or parts thereof of a duration, or an aggregate duration, of two hours or longer”; . . . F2

(3) Section 4(2) (which penalises, amongst other things, the reception by a person as mentioned in section 1(1)(b) of children exceeding two in number and coming from more than one household without his being a relative of theirs and registered under section 1) shall, as from the expiration of the period aforesaid, have effect with the substitution, for the words “children of whom he is not a relative, and (a) the number of children exceeds two, and (b) the children come from more than one household”, of the words “a child of whom he is not a relative”.

(4) The punishment that may be imposed on a person guilty of an offence under section 4, being an offence committed after the coming into operation of this section, shall, instead of being a fine not exceeding £25 or, in the case of a second or subsequent offence, imprisonment for a term not exceeding one month or a fine not exceeding £25 or both, be a fine not exceeding [F3 £50]][F3 level 3 on the standard scale] or, in the case of a second or subsequent offence, imprisonment for a term not exceeding three months or a fine not exceeding [F3 £100][F3 level 3 on the standard scale] or both, and the proviso to subsection (4) of that section (which limits to £5 the punishment that may be imposed in the case of a first offence under subsection (5) of that section) shall, except in relation to an offence committed before the coming into operation of this section, cease to have effect.

(5) In section 1(3) (by virtue whereof a local health authority may refuse to register premises if, inter alia, they are satisfied that the premises are not fit to be used for the reception of children) after the word “fit” (where last occurring), there shall be inserted the words “(whether because of the condition thereof or of the equipment thereof or for any reason connected with the situation, construction or size thereof or with other persons therein)”.

(6) In section 1(4) (by virtue whereof a local health authority may refuse to register a person if, inter alia, they are satisfied that the premises in which the children are recieved or are proposed to be recieved are not fit, whether because of the condition thereof or for any reason connected with other persons therein, to be used for the purpose), after the word “thereof”, there shall be inserted the words “or of the equipment thereof”, and after the words “connected with” there shall be inserted the words “the situation, construction or size thereof or with”.

(7) An application for the registration under section 1 of any premises shall be of no effect unless it contains a statement with respect to each person employed or proposed to be employed in looking after children at the premises, and each person who has attained the age of sixteen years and (though not so employed or proposed to be so employed) is normally resident at the premises, whether or not—

(a) there has been made against him any such order as is mentioned in paragraph (a), (b) or (e) of [F4 section 7 of the Foster Children Act 1980][F5 and the Foster Children (Scotland) Act 1984] (disqualification for keeping foster children);

(b) he has been convicted as mentioned in paragraph (c) thereof;

(c) his rights and powers with respect to a child have been vested as mentioned in paragraph (d) thereof; or

(d) an order has been made under section 43 of the M2 Adoption Act 1958 (removal of protected children from unsuitable surroundings) for the removal of a child from his care;

and an application for the registration under section 1 of a person shall be of no effect unless it contains a similar statement with respect to him, each person employed or proposed to be employed by him in looking after children and each person other than himself who has attained the age of sixteen years and (though not so employed or proposed to be so employed) is normally resident at the premises in which the children are received or proposed to be received; and a person who, in any such application as aforesaid, makes, with respect to himself or another, any such statement as aforesaid which is false and is known to him to be false or recklessly makes, with respect to himself or another, such a statement which is false shall be guilty of an offence and liable on summary conviction, to a fine not exceeding [F6 level 3 on the standard scale] or to imprisonment for a term not exceeding six months or to both.

(8) Section 2(2) (which empowers a local health authority to order that the number of children that mat be recieved by a person in his home as mentioned in section 1(1)(b), together with any other children therein, shall not exceed such number as may be specified) shall have effect with the omission of the words “together with any other children in his home” and the addition at the end thereof of the words “and in making an order under this subsection an authority shall have regard to the number of any other children who may from time to time be in the home”.

(9) The power of the local health authority under the said section 2(2) to limit the number of children that may be received by a person in his home as mentioned in section 1(1)(b) shall include power by order to impose requirements for securing—

(a) that there shall be available, for looking after the children received by him as so mentioned, persons adequate in number and in qualifications or experience;

(b) that the premises in which the children are received shall be kept safe and adequately maintained and the equipment thereof shall be adequately maintained;

(c) that there shall be adequate arrangements for feeding the children so received and that an adequate and suitable diet shall be provided for them;

(d) that records shall be kept in relation to the children so received containing such particulars as may be specified by the authority.

(10) In paragraph (d) of section 2(4) (which specifies, as one of the objects for the securing of which, as respects registered premises, requirements may be imposed by a local health authority, that the premises and the equipment thereof shall be adequatelt maintained), after the word “premises”, there shall be inserted the words “shall be kept safe and adequately maintained”.

(11) Section 7 (inspection) shall have effect—

(a) as if, at the end of subsection (1), there were added the words “and may at all reasonable times enter the home of a person registered under section one of this Act by the authority, and may inspect it and any children recieved there as mentioned in paragraph (b) of subsection (1) of section (1) of this Act, the arrangements for their welfare and any records relating to them kept in pursuance to this Act”; and

(b) as if, in subsection (2), the words “is refused admission to the home of a person registered under section one of this Act, or” and the words “admission has been refused, or, as the case may be, that” were omitted.

(12) The maximum amount of the fee that, under section 3(3) may be demanded by a local health authority for the issue of a copy of a certificate of registration under section one shall be increased from two shillings and sixpence to five shillings, and accordingly in that subsection, for the words “two shillings and sixpence” there shall be substituted the words “five shillings”.

(13) Section 12 (which authorises the payment out of moneys provided by Parliament of any increase attributable to the Act in grants payable under any other Act, and is spent) shall cease to have effect.

Textual Amendments

F1 Ss. 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

F2 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VIII

F3 “level 3 on the standard scale” substituted (S.) for “£50” and “£100” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F4 Words substituted (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I

F5 Words “section 6 of the Children Act 1958” repealed (S.) by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 2 para. 3 and words “and the Foster Children (Scotland) Act 1984” inserted (S.) after “1980” by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 2 para. 3

F6 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C1 The text of s. 60(2) is in the form which it was originally enacted: it was not wholly 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.

C2 The text of ss. 44, 60(3)(5)(6)(8)(10)–(13) is in the form 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

C3 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C4 Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)

Marginal Citations

M1 1948 c. 53.

M2 1958 c. 5 (7 & 8 Eliz. 2).

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5

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

(1) In the M3 Public Health Act 1936 references to vessels, . . . F8 , shall be construed as including references to [F9 hovercraft within the meaning of the M4 Hovercraft Act 1968] and [F10 in that Act]“master” shall be construed accordingly.

(2) This section shall have effect in Scotland as if, [F11 the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M5 Food and Drugs (Scotland) Act 1956.

Textual Amendments

F8 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11

F9 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123

F10 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)

F11 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(b)

Marginal Citations

M3 1936 c. 49.

M4 1968 c. 59.

M5 1956 c. 30.

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) [F12 The 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 a [F13 Regional Health Authority, Area Health Authority [F14 District Health Authority][F15 , Family Practitioner Committee] or a special health authority][F16 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 [F17 determined 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 or the council of a [F18 non-metropolitan county, metropolitan district] or London borough or the Common Council of the City of London . . . F19 ;

(b) the provision of a service for the provision of which [F20 a Family Practitioner Committee] is, by virtue of [F21 Part II of the 1977 Act], under a duty to make arrangements 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 [F22 a Health Board] is, by virtue of Part [F23 II] of the [F23 1978] 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F12 the Secretary of State] thinks fit.

(6) [F12 The 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 [F26 and for ancillary administrative purposes]; and

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(8) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

• “ [F29 1977 Act” means the M6 National Health Service Act 1977];

• “1947 Act” means the M7 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F30 any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M8 Local Authority Social Services Act 1970 [F31 . . .] and the M9 National Health Service Act 1977];

  (b)

  in relation to subsection (2)(c) above, . . . F32 Part III of the M10 National Assistance Act 1948, [F33 section 39 of the M11 National Health Service Scotland Act 1978][F34 section 45 of this Act and the M12 National Health Service Act 1977].

(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; . . . F35

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

Textual Amendments

F12 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F13 Words “Regional” to “authority” substituted (E.W.) for words “Regional” to “teaching hospital” by National Health Service Re-organisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 124(1)

F14 Words “District Health Authority” inserted by Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 para. 19(1)(3)

F15 Words “, Family Practitioner Committee” inserted (E.W.) by S.I. 1985/39, art. 6(1)(a)

F16 Words “Health Board” substituted (S.) for words “Regional” to “teaching hospital” by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), s. 64, Sch. 6 para. 135(a)

F17 Words substituted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(2), (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(b)

F18 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F19 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F20 Words substituted by S.I. 1985/39, art. 6(1)(b)

F21 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)

F22 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F23 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F24 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F25 S. 63(4) repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) by National Health Service (Reorganisation) Act 1973 (c. 32), Sch. 5

F26 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F27 Ss. 63(7), 67 repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F28 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F29 Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)

F30 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F31 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F32 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F33 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F34 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F35 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C5 References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C6 The 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

Marginal Citations

M6 1977 c. 49.

M7 1947 c. 27.

M8 1970 c.42.

M9 1977 c. 49.

M10 1948 c. 29

M11 1978 c. 29.

M12 1977 c. 49.

[F36 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W+S

(1) [F37 The 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—

[F38 (a) “the relevant enactments” means—

(i) Parts III and IV of the M13 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(iii) Part III of the M14 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

[F42 (vi) the M15 Foster Children Act 1980,]]

[F43 (vii) section 9 of the M16 Mental 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,

[F44 (ix) section 9 of the M17 Domestic Proceedings and Magistrates’ Courts Act 1978]

(x) the M18 Children and Young Persons Act 1963, except Part II and section 56,

(xi) this Act,

(xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(xiii) section 7(4) of the M19 Family Law Reform Act 1969,

(xiv) the M20 Children and Young Persons Act 1969, . . . F46

[F43 (xv) section 43 of the M21 Matrimonial Causes Act 1973,]

(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(xvii) the M22 Children Act 1975]

[F48 (xviii) the M23 National Health Service Act 1977]

[F49 (xviii) the M24 Adoption Act 1976]

[F50 (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 [F51 the Secretary of State] or the council of a [F52 non-metropolitan county, metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F53 a Family Practitioner Committee] is, by virtue of [F54 Part II of the M25 National 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 . . . F55 , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F56 and the National Health Service Scotland Act [F57 1978]];

(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 [F58 a Health Board] is, by virtue of Part [F59 II] of the National Health Service (Scotland) Act [F59 1978] under a duty to make arrangements; and”

Textual Amendments

F36 S. 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

F37 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F38 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F39 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F40 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F41 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F42 S. 64(3)(a)(vi) substituted by Foster Children Act 1980 (c. 6, SIF 20), s. 23, Sch. 2 Pt. I

F43 Ss. 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

F44 S. 64(3)(a)(ix) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 22

F45 S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F46 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F47 S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F48 S. 64(3)(a)(xviii) added by National Health Service Act 1977 (c. 49), Sch. 15 para. 46(c)

F49 S. 64(3)(a)(xviii) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 9

F50 S. 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)

F51 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F52 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F53 Words substituted by S.I. 1985/39, art. 6(2)

F54 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F55 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F56 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F57 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F58 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F59 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

Modifications etc. (not altering text)

C7 The references to the Minister of Health in s. 64(1)(3)(b) have been replaced by references to the Secretary of State

Marginal Citations

M13 1933 c. 12.

M14 1948 c. 29.

M15 1980 c. 6.

M16 1959 c. 72.

M17 1978 c. 22.

M18 1963 c. 37.

M19 1969 c. 46.

M20 1969 c. 54.

M21 1973 c. 18.

M22 1975 c. 72.

M23 1977 c. 49.

M24 1976 c. 36.

M25 1977 c. 49.

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, . . . F60 .

(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, . . . F61

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F62 other than a metropolitan county, or of a metropolitan district] or London borough or the Common Council of the City of London;

[F63 (b) “the relevant enactments” means—

(i) Parts III and IV of the M26 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(iii) Part III of the M27 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(v) the M28 Adoption Act 1958,

(vi) section 3 of the M29 Disabled Persons (Employment) Act 1958,

[F66 [F66 (vii) the M30 Foster Children Act 1980,]]

[F67 (viii) section 9 of the M31 Mental 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,

[F68 [F68 (x) section 9 of the M32 Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi) the M33 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M34 Adoption Act 1968,

(xiv) section 7(4) of the M35 Family Law Reform Act 1969,

(xv) the M36 Children and Young Persons Act 1969,

(xvi) section 43 of the M37 Matrimonial Causes Act 1973,

(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(xviii) the M38 Children Act 1975,]

[F70 (xix) the M39 National Health Service Act 1977],

[F71 (xix) the M40 Adoption Act 1976],

[F72 (xx) the Child Care Act 1980

(xxi) the Children Act 1989.]

(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 M41 National Health Service Act 1946, sections 26(6) and 30(2) of the M42 National Assistance Act 1948, sections 45(4) and 46(3) of the M43 London 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 M44 Local 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 [F73 district and islands council] 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 council 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 council in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F75 the regional or islands council];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

[F77 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F78 1978], 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

F60 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F61 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F62 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F63 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F64 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F65 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F66 S. 65(3)(b)(vii) was substituted (E.W.) for "(vii) the Children Act 1958" by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I; 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).

F67 Ss. 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

F68 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F69 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F70 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F71 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F72 S. 65(3)(b)(xx) added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 20, and s. 65(3)(b)(xxi) substituted (prosp.) for that s. 65(3)(b)(xx) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(2), Sch. 14 para. 1(1)

F73 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 175(a)

F74 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F75 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F76 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F77 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F78 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28

Modifications etc. (not altering text)

C8 S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

Marginal Citations

M26 1933 c. 12.

M27 1948 c. 29.

M28 1958 c. 5 (7 & 8 Eliz. 2).

M29 1958 c. 33 (6 & 7 Eliz. 2).

M30 1980 c. 6.

M31 1959 c. 72.

M32 1978 c. 22.

M33 1963 c. 37.

M34 1968 c. 53.

M35 1969 c. 46.

M36 1969 c. 54.

M37 1973 c. 18.

M38 1975 c. 72.

M39 1977 c. 49.

M40 1976 c. 36.

M41 1946 c. 81.

M42 1948 c. 29.

M43 1963 c. 33.

M44 1958 c. 55.

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

(1) [F79 The 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 special hospitals.

(2) The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M45 Mental Health Act 1959 and special hospitals, there were substituted references respectively to the Secretary of State, the M46 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F79 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

Modifications etc. (not altering text)

C9 The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

M45 1959 c. 72.

M46 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80 E+W+S

Textual Amendments

F80 Ss. 63(7), 67 repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5