Part IVU.K. Miscellaneous Matters

Provisions applicable to England and Wales and ScotlandE+W+S

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)[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 [F2Regional Health Authority, Area Health Authority [F3District Health Authority][F4, Family Practitioner Committee] or a special health authority][F5Health 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, metropolitan district] or London borough or the Common Council of the City of London . . . F8;

(b)the provision of a service for the provision of which [F9a Family Practitioner Committee] is, by virtue of [F10Part 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;

(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 [F11a Health Board] is, by virtue of Part [F12II] of the [F121978] 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(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.

(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 [F15and for ancillary administrative purposes]; and

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

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(8)In this section—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

  • “ [F181977 Act” means the M1National Health Service Act 1977];

  • “1947 Act” means the M2National Health Service (Scotland) Act 1947;

  • “the relevant enactments” means—

    (a)

    in relation to subsection (2)(a) above, [F19any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M3Local Authority Social Services Act 1970 [F20 . . .] and the M4National Health Service Act 1977];

    (b)

    in relation to subsection (2)(c) above, . . . F21 Part III of the M5National Assistance Act 1948, [F22section 39 of the M6National Health Service Scotland Act 1978][F23section 45 of this Act and the M7National Health Service Act 1977].

(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; . . . F24

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

Textual Amendments

F1Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F2Words “Regional” to “authority” substituted (E.W.) for words “Regional” to “teaching hospital” by National Health Service Re-organisation Act 1973 (c. 32, SIF 113:2), s. 57, Sch. 4 para. 124(1)

F3Words “District Health Authority” inserted by Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 para. 19(1)(3)

F4Words “, Family Practitioner Committee” inserted (E.W.) by S.I. 1985/39, art. 6(1)(a)

F5Words “Health Board” substituted (S.) for words “Regional” to “teaching hospital” by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), s. 64, Sch. 6 para. 135(a)

F9Words substituted by S.I. 1985/39, art. 6(1)(b)

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

C2The 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