Part IV Miscellaneous Matters

Provisions applicable to England and Wales and Scotland

F164 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.

(1)

F2The 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—

F3(a)

“the relevant enactments” means—

(i)

Parts III and IV of the M1Children and Young Persons Act 1933,

F4(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(v)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(vi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(vii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)

section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

F8(ix)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)

the M2Children and Young Persons Act 1963, except Part II and section 56,

(xi)

this Act,

F9(xii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiii)

section 7(4) of the M3Family Law Reform Act 1969,

(xiv)

the M4Children and Young Persons Act 1969, F10...

F8(xv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(xvi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)

the M5Children Act 1975

F12(xviii)

the Adoption and Children Act 2002,

F13(xviii)

the National Health Service Act 2006 and the National Health Service (Wales) Act 2006,

F14(xx)

the Children Act 1989,

F15(xxi)

F16section 260 of the Sentencing Code or F17section 92 of the Powers of Criminal Courts (Sentencing) Act 2000,

F18(xxii)

F19Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;

F20(xxiii)

section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;

(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 F21the Secretary of State or the council of a F22non-metropolitan county, F23county borough metropolitan district or London borough or the Common Council of the City of London F24or a service for the provision of which F25NHS England or F26an 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 F27F28a local Health Board is, by virtue of F29... F30Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements F31or any service which a F32... 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)

“the relevant enactments” means F33... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof F34and the National Health Service Scotland Act F351978;

(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 F36a Health Board is, by virtue of Part F37II of the National Health Service (Scotland) Act F371978 under a duty to make arrangements F38or any service which a Health Board is under a duty to provide under section 2C of that Act; and”