Part IV Miscellaneous Matters
Provisions applicable to England and Wales and Scotland
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61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.
1
F1052
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C1C263 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.
C3C4C91
F6The 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 F110F137NHS England or F135an integrated care board,F111... F101... F8or Special Health Authority, Health Board F112... F87or 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 F9determined 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 HealthF113, F137NHS England, F136an integrated care board or the council of a F10non-metropolitan county F11county borough, metropolitan district or London borough or the Common Council of the City of London F12. . . ;
F77aa
the provision or performance of a primary medical service or primary dental service under F90either of the 2006 ActsF78or 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 F13F114the National Health Service Commissioning Board orF7a F102Local Health Board is, by virtue of F91Chapter 1 of Part 7 of the National Health Service Act 2006, or Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements and an activity involved in or connected with the provision of such a service;
F14ba
F76bb
the provision of a local pharmaceutical service under a pilot scheme F109established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006F92or an LPS scheme established under either of the 2006 Acts 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
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.
F173
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F184
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C2C95
Instruction under this section may be provided on such terms, including terms as to payment of charges, as F6the Secretary of State thinks fit.
F195A
The Secretary of State may by regulations provide for any functions exercisable by a F115... F103... F20Special Health Authority F116... F88or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the F115... F103... F20Special Health Authority F116... F88or Local Health Board jointly with one or more other relevant health service bodies; and
F93a
in the case of regulations made by the Secretary of State, section 272 of the National Health Service Act 2006 applies to regulations made under this subsection as if this subsection were contained in that Act,
b
in the case of regulations made by the Welsh Ministers, section 203 of the National Health Service (Wales) Act 2006 applies 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—
F117za
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F104a
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b
Special Health Authorities;
F118bb
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c
NHS trusts.
F81d
NHS foundation trusts
C96
F6The 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 F21and for ancillary administrative purposes; and
b
pay travelling and other allowances to persons availing themselves of such instruction.
F1236A
The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.
6B
The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.
F227
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8
In this section—
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;
“1947 Act” means the M4National Health Service (Scotland) Act 1947;
“the relevant enactments” means—
- a
in relation to subsection (2)(a) above, F24any enactment functions under which F86are social services functions within the meaning of the M5Local Authority Social Services Act 1970F25and the National Health Service Act F952006F124or for the purposes of the Social Services and Well-being (Wales) Act 2014;
- b
in relation to subsection (2)(c) above, F26... F125..., F27section 39 of the M6National Health Service Scotland Act 1978F126... F28the F962006 ActsF127and Part 4 of the Social Services and Well-being (Wales) Act 2014.
- a
F298A
Expressions used in both this section and the F972006 Acts have the same meaning in this section as in those Acts.
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; F30. . .
X110
Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
64F31 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.
C5C6C101
F32The 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—
F33a
“the relevant enactments” means—
i
Parts III and IV of the M7Children and Young Persons Act 1933,
F34ii
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F128iii
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F35iv
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F36v
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F37vi
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F37vii
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viii
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F37ix
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x
the M8Children and Young Persons Act 1963, except Part II and section 56,
xi
this Act,
F38xii
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xiii
section 7(4) of the M9Family Law Reform Act 1969,
F37xv
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F40xvi
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xvii
the M11Children Act 1975
F84xviii
the Adoption and Children Act 2002,
F98xviii
the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,
F41xx
the Children Act 1989,
F42xxi
F107xxii
F133Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;
F129xxiii
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;
C6b
“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 F43the Secretary of State or the council of a F44non-metropolitan county, F45county borough metropolitan district or London borough or the Common Council of the City of London F119or a service for the provision of which F138NHS England or F139an integrated care board has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements or a service for the provision of which F46F120a local Health Board is, by virtue of F121... F99Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements F82or any service which a F122... 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
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 F50a Health Board is, by virtue of Part F51II of the National Health Service (Scotland) Act F511978 under a duty to make arrangements F83or any service which a Health Board is under a duty to provide under section 2C of that Act; and
65 Financial and other assistance by local authorities to certain voluntary organisations. C7
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, . . . F52.
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, . . . F53
3
In this section—
a
F56b
“the relevant enactments” means—
i
Parts III and IV of the M12Children and Young Persons Act 1933,
F57ii
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F130iii
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F58iv
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v
the M13Adoption Act 1958,
vi
section 3 of the M14Disabled Persons (Employment) Act 1958,
ix
section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
xi
the M18Children and Young Persons Act 1963, except Part II and section 56,
xii
this Act,
xiii
the M19Adoption Act 1968,
xiv
section 7(4) of the M20Family Law Reform Act 1969,
xv
the M21Children and Young Persons Act 1969,
xvi
section 43 of the M22Matrimonial Causes Act 1973,
F62xvii
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xviii
the M23Children Act 1975,
F65xxi
the Children Act 1989,
F108xxii
F134Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;
F131xxiii
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;
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 M24National Health Service Act 1946, sections 26(6) and 30(2) of the M25National Assistance Act 1948, sections 45(4) and 46(3) of the M26London 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 M27Local 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 F66local 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 F66local 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 F66local authority in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
2B
In this section—
a
F70b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F71c
“the relevant enactments” means the National Health Service (Scotland) Acts F721978, 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
66 Payments in respect of travelling expenses of visitors to patients in special hospitals and State hospitals.
C81
F73The 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 F74hospitals 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 M28Mental Health Act 1959 and F74hospitals at which high security psychiatric services are provided, there were substituted references respectively to the Secretary of State, the M29Mental Health (Scotland) Act 1960 and State hospitals.