Cancer Act 1939

1 Duty of local authorities

(1) It shall be the duty of the council of every county and county borough in England and Wales to make arrangements to secure that the facilities for the treatment of persons suffering from cancer are adequate for the needs of the county or borough, and to submit its arrangements for the approval of the Minister within one year from the commencement of this Act or such longer period as the Minister may in any case allow.

(2) The arrangements so submitted by any such council shall include arrangements—

(a) for facilitating the diagnosis of cancer;

(b) for the treatment of cancer either in hospitals maintained by the council or in hospitals maintained by other councils or local authorities or in voluntary hospitals;

(c) for the payment, in such cases as the council considers necessary, of all or any travelling expenses (including the travelling expenses of a companion) reasonably incurred by persons for the purpose of availing themselves of the services provided under the arrangements;

(d) for such other matters as appear incidental to or consequential on the arrangements for the treatment of cancer.

(3) Before submitting arrangements to the Minister under this section a council shall consult—

(a) such committees or other bodies as the council considers to represent both the governing bodies and the medical and surgical staffs of the voluntary hospitals providing services in or for the benefit of its area; and

(b) such local organisations of registered medical practitioners as the council considers to represent the opinions of such practitioners practising in its area on the questions to be considered in making the arrangements.

(4) The Minister may approve, either with or without modifications, any arrangements submitted to him by a council under this section, and it shall be the duty of the council to carry its arrangements as approved by the Minister into effect.

(5) A council may from time to time, and shall when required by the Minister, make and submit to the Minister alterations or extensions of the arrangements made by the council under this section, and subsections (3) and (4) of this section shall apply to any such alterations or extensions as they apply to the original arrangements.

(6) Nothing in this section shall authorise the establishment by any council of a general domiciliary service by medical practitioners.

(7) The [26 Geo. 5. & 1 Edw. 8. c. 49.] Public Health Act, 1936, shall have effect as if this section, except in so far as it relates to the London County Council, were included in Part V of that Act.

(8) Without prejudice to the provisions of any enactment enabling councils of counties and county boroughs to co-operate or combine, the Minister may require two or more such councils to combine, to such extent and on such terms as he may, in default of agreement between the councils concerned, direct, for the purpose of making arrangements under this section.

(9) Any order or agreement constituting under any enactment a joint board or joint committee to discharge the functions of two or more councils under this section may provide for the co-option of such number of members of the board or committee as may be specified in the order or agreement:

Provided that the number so specified shall not exceed one-third of the total number of the members of the board or committee.