Health Services and Public Health Act 1968

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

F1 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5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 M1 Public Health Act 1936 references to vessels, . . . F3 , shall be construed as including references to [F4 hovercraft within the meaning of the M2 Hovercraft Act 1968] and [F5 in that Act]“master” shall be construed accordingly.

(2) This section shall have effect in Scotland as if, [F6 the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M3 Food and Drugs (Scotland) Act 1956.

Textual Amendments

F3 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11

F4 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 123

F5 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(ii)

F6 Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(b)

Marginal Citations

M1 1936 c. 49.

M2 1968 c. 59.

M3 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) [F7 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 [F8 Strategic Health Authority][F9 Health Authority [F10 or Special Health Authority, Health Board [F11 , Primary Care Trust or 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 [F12 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 [F13 non-metropolitan county [F14 county borough], metropolitan district] or London borough or the Common Council of the City of London F15 . . .;

[F16 (aa) the provision or performance of a primary medical service or primary dental service under Part 1 of the 1977 Act [F17 or 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 [F18 Primary Care Trust or][F9 a Health Authority] is, by virtue of [F19 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;

[F20 (ba) the provision or performance of a service in accordance with arrangements made under F21 ... section 17C of the M4 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F22 (bb) the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act 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;]

[F23 (bb) the provision of a local pharmaceutical service under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or under an LPS scheme established under Schedule 8A to the 1977 Act 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 [F24 a Health Board] is, by virtue of Part [F25 II] of the [F25 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.

F26 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F7 the Secretary of State] thinks fit.

[F28 (5A) The Secretary of State may by regulations provide for any functions exercisable by a [F29 Strategic Health Authority,] Health Authority [F30 Special Health Authority [F31 , Primary Care Trust or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F32 Strategic Health Authority,] Health Authority [F30 Special Health Authority [F31 , Primary Care Trust or Local Health Board]] jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation 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—

[F33 (za) Strategic Health Authorities;]

(a) Health Authorities;

(b) Special Health Authorities;

[F34 (bb) Primary Care Trusts]; [F35 and]

[F36 (bbb) Local Health Boards; F37 ...]

(c) NHS trusts.]

[F38 (d) NHS foundation trusts]

(6) [F7 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 [F39 and for ancillary administrative purposes]; and

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

F40 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

• F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F42 “1977 Act” means the M5 National Health Service Act 1977];

• “1947 Act” means the M6 National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F43 any enactment functions under which [F44 are social services functions within the meaning] of the M7 Local Authority Social Services Act 1970] [F45 and the M8 National Health Service Act 1977];

  (b)

  in relation to subsection (2)(c) above, F46 . . . Part III of the M9 National Assistance Act 1948, [F47 section 39 of the M10 National Health Service Scotland Act 1978][F48 section 45 of this Act and the M11 National Health Service Act 1977].

[F49 (8A) Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.]

(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; F50 . . .

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

Editorial Information

X1 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

Textual Amendments

F7 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F8 Words in S. 63(1)(a) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 5

F9 Words 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)

F10 Words 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)

F11 Words in s. 63(1)(a) substituted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.

F12 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)

F13 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F14 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F15 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F16 S. 63(2)(aa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(a); 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)

F17 Words in s. 63(2)(aa) 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(3)

F18 Words 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)

F19 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)

F20 S. 63(2)(ba) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 1(4); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject to art. 3(1)(2)(4))

F21 Words in s. 63(2)(ba) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F22 S. 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)

F23 S. 63(2)(bb) inserted (1.7.2002 for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(5)); S.I. 2002/1475, art. 2(1), Sch.

F24 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F25 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F26 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F27 S. 63(4) repealed (E.W.) by National Health Service (Reorganisation) Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F28 S. 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)

F29 Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)

F30 Words 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)

F31 Words in s. 63(5A) substituted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.

F32 Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)

F33 S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)

F34 S. 63(5B)(bb) inserted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(c); S.I. 1999/2342, art. 2(3)(a)

F35 Word in s. 63(5B)(bb) repealed (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 37(2), 42(3), Sch. 5 para. 2(4), Sch. 9 Pt. 1; S.I. 2002/2532, art. 2 Sch.

F36 S. 63(5B)(bbb) inserted (10.10.2002 for W. otherwise prosp.) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2 Sch.

F37 Word in s. 63(5B)(bbb) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14, Sch. 14 Pt. 1; S.I. 2004/759, art. 2

F38 S. 63(5B)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14; S.I. 2004/759, art. 2

F39 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F40 Ss. 63(7), 67 repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F41 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F42 Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)

F43 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F44 Words 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)

F45 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F46 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F47 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F48 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F49 S. 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)

F50 Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Modifications etc. (not altering text)

C1 References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2 S. 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

C3 S. 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)

C4 S. 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)

Marginal Citations

M4 1978 c. 29.

M5 1977 c. 49.

M6 1947 c. 27.

M7 1970 c.42.

M8 1977 c. 49.

M9 1948 c. 29

M10 1978 c. 29.

M11 1977 c. 49.

[F51 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W

(1) [F52 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—

[F53 (a) “the relevant enactments” means—

(i) Parts III and IV of the M12 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(iii) Part III of the M13 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

F57 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F57 (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the M14 Children and Young Persons Act 1963, except Part II and section 56,

(xi) this Act,

(xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(xiii) section 7(4) of the M15 Family Law Reform Act 1969,

(xiv) the M16 Children and Young Persons Act 1969, . . . F59

F57 (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

(xvii) the M17 Children Act 1975]

[F61 (xviii) the National Health Service Act 1977]

[F62 (xviii) the Adoption and Children Act 2002]

[F63 (xx) the Children Act 1989.]

[F64 (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 [F65 the Secretary of State] or the council of a [F66 non-metropolitan county, [F67 county borough] metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F68 a [F69 Primary Care Trust or] Health Authority are, by virtue of Part II of the M18 National Health Service Act 1977,], under a duty to make arrangements [F70 or 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 . . . F71 , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F72 and the National Health Service Scotland Act [F73 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 [F74 a Health Board] is, by virtue of Part [F75 II] of the National Health Service (Scotland) Act [F75 1978] under a duty to make arrangements [F76 or any service which a Health Board is under a duty to provide under section 2C of that Act]; and”]

Textual Amendments

F51 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

F52 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F53 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F54 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F55 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F56 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F57 S. 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).

F58 S. 64(3)(a)(xii) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F59 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F60 S. 64(3)(a)(xvi) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F61 S. 64(3)(a)(xviii) added by National Health Service Act 1977 (c. 49), Sch. 15 para. 46(c)

F62 S. 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)

F63 S. 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).

F64 S. 64(3)(a)(xxi) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 32

F65 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F66 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F67 Words 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

F68 Words 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)

F69 Words 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)

F70 Words 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)

F71 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F72 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F73 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F74 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F75 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

F76 Words 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)

C5 S. 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)

C6 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

M12 1933 c. 12.

M13 1948 c. 29.

M14 1963 c. 37.

M15 1969 c. 46.

M16 1969 c. 54.

M17 1975 c. 72.

M18 1946 c. 81.

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, . . . F77 .

(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, . . . F78

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F79 other than a metropolitan county, or of a [F80 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F81 (b) “the relevant enactments” means—

(i) Parts III and IV of the M19 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(iii) Part III of the M20 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

(v) the M21 Adoption Act 1958,

(vi) section 3 of the M22 Disabled Persons (Employment) Act 1958,

[F84 (vii) the M23 Children Act 1958,]

[F85 (viii) section 9 of the M24 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,

[F86 (x) section 9 of the M25 Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi) the M26 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M27 Adoption Act 1968,

(xiv) section 7(4) of the M28 Family Law Reform Act 1969,

(xv) the M29 Children and Young Persons Act 1969,

(xvi) section 43 of the M30 Matrimonial Causes Act 1973,

(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(xviii) the M31 Children Act 1975,

[F88 (xix) the M32 National Health Service Act 1977],

[F89 (xix) [F90 the Adoption and Children Act 2002]] ,

[F91 (xxi) the Children Act 1989.]

[F92 (xxii) sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]

(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 M33 National Health Service Act 1946, sections 26(6) and 30(2) of the M34 National Assistance Act 1948, sections 45(4) and 46(3) of the M35 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 M36 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 [F93 local 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 [F93 local 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 [F93 local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F95 the [F96 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

[F98 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F99 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

F77 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F78 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F79 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F80 Words in s. 65(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(12), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F81 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F82 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F83 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F84 S. 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).

F85 S. 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).

F86 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F87 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F88 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F89 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F90 Words in s. 65(3)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 11 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F91 S. 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).

F92 S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33

F93 S. 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)

F94 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F95 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F96 S. 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)

F97 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F98 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F99 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28

Modifications etc. (not altering text)

C7 S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)

Marginal Citations

M19 1933 c. 12.

M20 1948 c. 29.

M21 1958 c. 5 (7 & 8 Eliz. 2).

M22 1958 c. 33 (6 & 7 Eliz. 2).

M23 1958 c. 65

M24 1959 c. 72.

M25 1978 c. 22.

M26 1963 c. 37.

M27 1968 c. 53.

M28 1969 c. 46.

M29 1969 c. 54.

M30 1973 c. 18.

M31 1975 c. 72.

M32 1977 c. 49.

M33 1946 c. 81.

M34 1948 c. 29.

M35 1963 c. 33.

M36 1958 c. 55.

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

(1) [F100 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 [F101 hospitals 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 M37 Mental Health Act 1959 and [F101 hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M38 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F100 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F101 Words 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)

C8 The reference to the Minister of Health in s. 66(1) has been replaced by a reference to the Secretary of State

Marginal Citations

M37 1959 c. 72.

M38 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102 E+W+S

Textual Amendments

F102 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