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F1 S. 60 repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).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F2 S. 61 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16, Sch. 5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F3 Words repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 13(a)(i), Sch. 11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 Health Authority [F9 or Special Health Authority,Health Board or Primary Care Trust]]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 [F10 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 [F11 non-metropolitan county [F12 county borough], metropolitan district] or London borough or the Common Council of the City of London . . . F13 ;

(b) the provision of a service for the provision of which [F8 a Health Authority] is, by virtue of [F14 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;

[F15 (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 M4 National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;]

[F16 (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 [F17 a Health Board] is, by virtue of Part [F18 II] of the [F18 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(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.

[F21 (5A) The Secretary of State may by regulations provide for any functions exercisable by a [F22 Strategic Health Authority,] Health Authority [F23 Special Health Authority or Primary Care Trust] under or in relation to arrangements made under subsection (1) above to be exercisable by the [F24 Strategic Health Authority,] Health Authority [F23 Special Health Authority or Primary Care Trust] 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—

[F25 (za) Strategic Health Authorities;]

(a) Health Authorities;

(b) Special Health Authorities;

[F26 (bb) Primary Care Trusts]

; and

(c) NHS 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 [F27 and for ancillary administrative purposes]; and

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(8) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

• [“ F30 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, [F31 any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M7 Local Authority Social Services Act 1970][F32 and the M8 National Health Service Act 1977];

  (b)

  in relation to subsection (2)(c) above, . . . F33 Part III of the M9 National Assistance Act 1948, [F34 section 39 of the M10 National Health Service Scotland Act 1978][F35 section 45 of this Act and the M11 National Health Service Act 1977].

[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

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

Textual Amendments

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

F8 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)

F9 Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F10 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)

F11 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F12 Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F13 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F14 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 45(1)

F15 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))

F16 S. 63(2)(bb) inserted (1.7.2002 for W. and otherwiseprosp.) 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.

F17 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F18 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F19 S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F20 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

F21 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)

F22 Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(i)

F23 Words in s. 63(5A) substituted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F24 Words in s. 63(5A) inserted (20.8.2002) by S.I. 2002/2202, art. 4(a)(ii)

F25 S. 63(5B)(za) inserted (20.8.2002) by S.I. 2002/2202, art. 4(b)

F26 S. 63(5B)(bb) inserted (1.4.2000 for E. and otherwiseprosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(c); S.I. 1999/2342, art. 2(3)(a)

F27 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F28 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

F29 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F30 Definition substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(a)

F31 Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F32 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F33 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F34 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F35 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F36 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)

F37 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)

C5 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

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.

[F38 64 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. E+W

(1) [F39 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—

[F40 (a) “the relevant enactments” means—

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

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

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

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

F44 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(xi) this Act,

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

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

(xiv) the M16 Children and Young Persons Act 1969, . . . F46

F44 (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(xvii) the M17 Children Act 1975]

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

[F49 (xviii) the M18 Adoption Act 1976]

[F50 F51 (xx) the Children Act 1989.]

[F50 (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 [F52 the Secretary of State] or the council of a [F53 non-metropolitan county, [F54 county borough]metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F55 a Health Authority are, by virtue of Part II of the M19 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 . . . F56 , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F57 and the National Health Service Scotland Act [F58 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 [F59 a Health Board] is, by virtue of Part [F60 II] of the National Health Service (Scotland) Act [F60 1978] under a duty to make arrangements; and”]

Textual Amendments

F38 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

F39 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F40 S. 64(3)(a) substituted by Children Act 1975 (c. 72), Sch. 3 para. 46

F41 S. 64(3)(a)(ii) repealed by National Health Service Act 1977 (c. 49) Sch. 16

F42 S. 64(3)(a)(iv) repealed by Child Care Act 1980 (c.5, SIF 20), s. 89, Sch. 6

F43 S. 64(3)(a)(v) repealed by Adoption Act 1976 (c. 36), s. 74(2), Sch. 4

F44 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).

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

F51 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).

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

F53 Words substituted by National Health Service Reorganisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 125(2)

F54 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

F55 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)

F56 Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F57 Words added by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(a)

F58 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(a)

F59 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 136(b)

F60 Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 27(b)

Modifications etc. (not altering text)

C6 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)

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

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 1976 c. 36.

M19 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, . . . F61 .

(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, . . . F62

(3) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F63 other than a metropolitan county, or of a [F64 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F65 (b) “the relevant enactments” means—

(i) Parts III and IV of the M20 Children and Young Persons Act 1933,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(iii) Part III of the M21 National Assistance Act 1948,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(v) the M22 Adoption Act 1958,

(vi) section 3 of the M23 Disabled Persons (Employment) Act 1958,

[F68 (vii) the M24 Children Act 1958,]

[F69 (viii) section 9 of the M25 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,

[F70 (x) section 9 of the M26 Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi) the M27 Children and Young Persons Act 1963, except Part II and section 56,

(xii) this Act,

(xiii) the M28 Adoption Act 1968,

(xiv) section 7(4) of the M29 Family Law Reform Act 1969,

(xv) the M30 Children and Young Persons Act 1969,

(xvi) section 43 of the M31 Matrimonial Causes Act 1973,

(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(xviii) the M32 Children Act 1975,

[F72 (xix) the M33 National Health Service Act 1977],

[F73 (xix) the M34 Adoption Act 1976],

[F74 F75 (xxi) the Children Act 1989.]

[F74 (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 M35 National Health Service Act 1946, sections 26(6) and 30(2) of the M36 National Assistance Act 1948, sections 45(4) and 46(3) of the M37 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 M38 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 [F76 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 [F76 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 [F76 local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(2B) In this section—

(a) “local authority” (except where used in the expression “public or local authority”) means, [F78 the [F79 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

[F81 (c) “the relevant enactments” means the National Health Service (Scotland) Acts [F82 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

F61 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F62 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F63 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)

F64 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

F65 s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47

F66 S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F67 S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F68 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).

F69 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).

F70 S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23

F71 S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16

F72 S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15

F73 S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10

F74 S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33

F75 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).

F76 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)

F77 Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F78 Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)

F79 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)

F80 S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29

F81 S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137

F82 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

M20 1933 c. 12.

M21 1948 c. 29.

M22 1958 c. 5 (7 & 8 Eliz. 2).

M23 1958 c. 33 (6 & 7 Eliz. 2).

M24 1958 c. 65

M25 1959 c. 72.

M26 1978 c. 22.

M27 1963 c. 37.

M28 1968 c. 53.

M29 1969 c. 46.

M30 1969 c. 54.

M31 1973 c. 18.

M32 1975 c. 72.

M33 1977 c. 49.

M34 1976 c. 36.

M35 1946 c. 81.

M36 1948 c. 29.

M37 1963 c. 33.

M38 1958 c. 55.

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

(1) [F83 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 [F84 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 M39 Mental Health Act 1959 and [F84 hospitals at which high security psychiatric services are provided], there were substituted references respectively to the Secretary of State, the M40 Mental Health (Scotland) Act 1960 and State hospitals.

Textual Amendments

F83 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F84 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)

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

M39 1959 c. 72.

M40 1960 c. 61.

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85 E+W+S

Textual Amendments

F85 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