(1)[F1The 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 [F2Strategic Health Authority][F3Health Authority [F4or Special Health Authority, Health Board [F5, 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 [F6determined 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 [F7non-metropolitan county [F8county borough], metropolitan district] or London borough or the Common Council of the City of London F9. . .;
(b)the provision of a service for the provision of which [F10Primary Care Trust or][F3a Health Authority] is, by virtue of [F11Part 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;
[F12(ba)the provision or performance of a service in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the M1National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]
[F13(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 [F14a Health Board] is, by virtue of Part [F15II] of the [F151978] 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.
F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F1the Secretary of State] thinks fit.
[F18(5A)The Secretary of State may by regulations provide for any functions exercisable by a [F19Strategic Health Authority,] Health Authority [F20Special Health Authority [F21, Primary Care Trust or Local Health Board]] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F22Strategic Health Authority,] Health Authority [F20Special Health Authority [F21, 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—
[F23(za)Strategic Health Authorities;]
(a)Health Authorities;
(b)Special Health Authorities;
[F24(bb)Primary Care Trusts]; [F25and]
[F26(bbb)Local Health Boards; and]
(c)NHS trusts.]
(6)[F1The 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 [F27and for ancillary administrative purposes]; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
F28(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F30 “1977 Act” means the M2National Health Service Act 1977];
“1947 Act” means the M3National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
[F36(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; F37. . .
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
F1Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F2Words in S. 63(1)(a) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 5
F3Words 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)
F4Words 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)
F5Words 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.
F6Words 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)
F7Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)
F8Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1
F9Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F10Words 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)
F11Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)
F12S. 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))
F13S. 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.
F14Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)
F15Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)
F16S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3
F17S. 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
F18S. 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)
F19Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)
F20Words 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)
F21Words 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.
F22Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)
F23S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)
F24S. 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)
F25Word 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.
F26S. 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.
F27Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)
F28Ss. 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
F29Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F30Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)
F31Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)
F32Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)
F33Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17
F34Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)
F35Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)
F36S. 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)
F37Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II
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)
Marginal Citations