Health and Safety at Work etc. Act 1974

60 Supplementary

(1) It shall be the duty of the Secretary of State to secure that each Area Health Authority arranges for one of its officers who is a fully registered medical practitioner to furnish, on the application of an employment medical adviser, such particulars of the school medical record of a person who has not attained the age of eighteen and such other information relating to his medical history as the adviser may reasonably require for the efficient performance of his functions; but no particulars or information about any person which may be furnished to an adviser in pursuance of this subsection shall (without the consent of that person) be disclosed by the adviser otherwise than for the efficient performance of his functions.

(2) In its application to Scotland the preceding subsection shall have effect with the substitution of the words " every Health Board arrange for one of their " for the words from " each " to " its ".

(3) The Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament modify the provisions of section 7(3) and (4) of the [1973 c. 50.] Employment and Training Act 1973 (which require a person's period of continuous employment by a relevant body or in the civil service of the State to be treated, for the purposes of sections 1 and 2 of the [1972 c. 53.] Contracts of Employment Act 1972 and of certain provisions of the [1971 c. 72.] Industrial Relations Act 1971 affecting the right of an employee not to be unfairly dismissed, as increased by reference to previous periods of continuous employment by such a body or in that service) for the purpose of securing that employment as an employment medical adviser by an authority other than the Secretary of State is similarly treated for those purposes.

An order under this subsection may be varied or revoked by a subsequent order thereunder.

(4) References to the chief employment medical adviser or a deputy chief employment medical adviser in any provision of an enactment or instrument made under an enactment shall be read as references to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service.

(5) The following provisions of the [1972 c. 28.] Employment Medical Advisory Service Act 1972 (which are superseded by the preceding provisions of this Part or rendered unnecessary by provisions contained in Part I), namely sections 1 and 6 and Schedule 1, shall cease to have effect; but—

(a) in so far as anything done under or by virtue of the said section 1 or Schedule 1 could have been done under or by virtue of a corresponding provision of Part I or this Part, it shall not be invalidated by the repeal of that section and Schedule by this Act but shall have effect as if done under or by virtue of that corresponding provision; and

(b) any order made under the said section 6 which is in force immediately before the repeal of that section by this Act shall remain in force notwithstanding that repeal, but may be revoked or varied by regulations under section 43(2) or 57, as if it were an instrument containing regulations made under section 43(2) or 57, as the case may require.

(6) Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to or to any enactment contained in any of the provisions of the said Act of 1972 which are mentioned in the preceding subsection, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

(7) Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of section 38 of the [1889 c. 63.] Interpretation Act 1889 (which relates to the effect of repeals).