Health Services and Public Health Act 1968
1968 CHAPTER 46cross-notesI1
An Act to amend the National Health Service Act 1946 and the National Health Service (Scotland) Act 1947 and make other amendments connected with the national health service; to make amendments connected with local authorities’ services under the National Assistance Act 1948; to amend the law relating to notifiable diseases and food poisoning; to amend the Nurseries and Child-Minders Regulation Act 1948; to amend the law relating to food and drugs; to enable assistance to be given to certain voluntary organisations; to enable the Minister of Health and Secretary of State to purchase goods for supply to certain authorities; to make other amendments in the law relating to the public health; and for purposes connected with the matters aforesaid.
[26th July 1968]
X1Part I
1—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Part II Amendments connected with Local Authorities’ Services under the National Assistance Act 1948
44 Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them or another such authority. cross-notes
[F2(1)For subsection (1) of section 26 of the M1National Assistance Act 1948 (provision of accomodation in premises maintained by voluntary organisations), there shall be substituted the following subsections:—
“(1)Notwithstanding anything in the foregoing provisions of this Part of this Act, but subject to the next following subsection, a scheme under section twenty-one thereof may provide that a local authority—
(a)may make, in lieu or in supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (a) of subsection (1) of the said section twenty-one, arrangements—
(i)with a voluntary organisation managing any premises, for the provision in those premises of accommodation of that kind;
(ii)with a person registered under section thirty-seven of this Act in respect of a disabled persons’ or old persons’ home, for the provision in that home of accommodation of that kind; and
(b)may make, in lieu or supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (b) of the said subsection (1), arrangements with a voluntary organisation managing any premises for the provision in those premises of accommodation of that kind.
(1A)No arrangements shall be made by virtue of paragraph (a) of the foregoing subsection by a local authority with a person who has been convicted of an offence against regulations under section forty of this Act.”F2]
(2)In subsection (2) of the said section 26 (which requires arrangements under subsection (1) of that section provide for the making by the local authority of payments to the voluntary organisation with which they are made) for the words “the organisation” there shall be substituted the words “the other party thereto”.
F3,F445 Promotion by local authorities, of the welfare of old people.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F546 Application to Isles of Scilly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F648—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F751 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1054—58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11Part IV Miscellaneous Matters
Provision of general Application
59 Extension of power of user by Crown of patented invention to user for certain health services.
(1)M2The powers exercisable in relation to a patented invention under section 46 of the Patents Act 1949 by a government department or a person authorised by a government department shall include power to make, use, exercise and vend the invention for the production or supply of drugs and medicines required for the provision of pharmaceutical services, [F12local pharmaceutical services,F12] [F13primary medical services,F13] [F14general medical services, personal medical services, [F15primary dental services,F15] general dental services or personal dental servicesF14] , and prescribed for the purposes of this section by regulations made by [F16the Secretaries of State respectively concerned with health in England, in Wales and in ScotlandF16] acting jointly; and any reference in that section or in section 47 or 48 of the Patents Act 1949 to the services of the Crown shall be construed accordingly.
(2)M3In the foregoing subsection references to pharmaceutical services, general medical services and general dental services shall be construed as referring to services of those respective kinds under [F17Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006F17] [F18(in the case of pharmaceutical services)F18] , Part [F19IIF19] of the National Health Service (Scotland) Act [F191978F19] [F20(in the case of pharmaceutical services or general dental services)F20] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.
[F21(2A)In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those F22... kinds under F23... section 17C of the 1978 Act [F24(in the case of personal dental services)F24] or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.F21]
[F25(2B)In subsection (1) the reference to local pharmaceutical services is a reference to local pharmaceutical services provided under—
(a)a pilot scheme established under [F26section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006F26] ;
(b)an LPS scheme established under [F27Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006F27] ; or
(c)any corresponding provision of the law in force in the Isle of Man.F25]
[F28(2C)In subsection (1), the [F29reference to primary medical services is a reference to primary medical services provided under [F30the National Health Service Act 2006 or the National Health Service (Wales) Act 2006F30] , Part 1 of the 1978 Act or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man and the reference to primary dental services is a reference toF29] primary dental services provided under [F30the National Health Service Act 2006 or the National Health Service (Wales) Act 2006F30] or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.F28]
(3)The power conferred by subsection (1) above to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)This section shall extend to the Isle of Man.
Provisions applicable to England and Wales and Scotland
F3160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3262 Hover vehicles brought within scope of Acts relating to public health and food and drugs.
(1) M4,F33 In the Public Health Act 1936 references to vessels, . . . , shall be construed as including references to [F34 hovercraft within the meaning of the M5 Hovercraft Act 1968 F34] and [F35 in that Act F35] “ master ” shall be construed accordingly.
F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare. cross-notes
(1)[F37 The Secretary of StateF37] may, either directly or by entering into arrangements with others,—
(a)F41,F42provide, for persons employed or having it in contemplation to be employed as officers, or servants of [[F38,F39 NHS EnglandF39] or [F40 an integrated care boardF40] ,F38] ... ... [F43or Special Health Authority, Health Board F44... [F45 or Local Health BoardF45,F43]] 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 [F46determined by himF46] 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)F51an 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 [F47, [F39 NHS EnglandF39] , [F48 an integrated care boardF48,F47]] or the council of a [F49non-metropolitan county [F50 county boroughF50] , metropolitan districtF49] or London borough or the Common Council of the City of London ... ;
[F52 (aa)the provision or performance of a primary medical service or primary dental service under [F53 either of the 2006 ActsF53] [F54 or the provision or performance of a primary medical service under Part 1 of the National Health Service (Scotland) Act 1978F54] and an activity involved in or connected with the provision or performance of such a service;F52]
(b)the provision of a service for the provision of which [[F55,F39 NHS EnglandF39] orF55][F56 a [F57 Local Health BoardF57,F56]] is, by virtue of [F58Chapter 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 2006F58] , under a duty to make arrangements and an activity involved in or connected with the provision of such a service;
[F59 (ba)the provision or performance of a service in accordance with arrangements made under F60... section 17C of the M6National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;F59]
[F61 (bb)the provision of a local pharmaceutical service under a pilot scheme [F62 established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006F62] [F63 or an LPS scheme established under either of the 2006 ActsF63] 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;F61]
(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 [F64a Health BoardF64] is, by virtue of Part [F65IIF65] of the [F651978F65] 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.
F66(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F37the Secretary of StateF37] thinks fit.
SI[F68 (5A)The Secretary of State may by regulations provide for any functions exercisable by a F69... F70... [F71 Special Health Authority F72... [F73 or Local Health BoardF73,F71]] under or in relation to arrangements made under subsection (1) above to be exercisable by the F69... F70... [F71 Special Health Authority F72... [F73 or Local Health BoardF73,F71]] jointly with one or more other relevant health service bodies; and
[F74 (a)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.F74]
(5B)For the purposes of subsection (5A) above the following are relevant health service bodies—
F75(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F76(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Special Health Authorities;
F77(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F78 (bbb)Local Health Boards; F79...F78]
(c)NHS trusts.
[F80 (d)NHS foundation trustsF80,F68]]
(6)[F37 The Secretary of StateF37] 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 [F81and for ancillary administrative purposesF81] ; and
(b)pay travelling and other allowances to persons availing themselves of such instruction.
[F82 (6A)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.F82]
F83(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F85 “ 2006 Acts ” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 F85] ;
M7 “ 1947 Act ” means the National Health Service (Scotland) Act 1947 ;
“ the relevant enactments ” means—
(a)in relation to subsection (2)(a) above, [F86any enactment functions under which [F87 are social services functions within the meaningF87] of the M8Local Authority Social Services Act 1970F86][F88 and the National Health Service Act [F89 2006F89,F88]] [F90 or for the purposes of the Social Services and Well-being (Wales) Act 2014F90] ;
(b)F91,F92,F94 in relation to subsection (2)(c) above, ... ..., [F93section 39 of the M9National Health Service Scotland Act 1978F93] ... [F95the [F96 2006 ActsF96,F95]] [F97 and Part 4 of the Social Services and Well-being (Wales) Act 2014F97] .
[F98 (8A)Expressions used in both this section and the [F99 2006 Acts have the same meaning in this section as in those ActsF99] .F98]
(9)F100This 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; ...
X2(10)Section 48 of the 1946 Act and section 48 of the 1947 Act shall cease to have effect.
[F10164 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations. cross-notes
(1)[F102 The Secretary of StateF102] 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—
[F103 (a) “ the relevant enactments ” means—
(i)Parts III and IV of the M10Children and Young Persons Act 1933,
F104(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
F108(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the M11Children and Young Persons Act 1963, except Part II and section 56,
(xi)this Act,
F109(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiii)section 7(4) of the M12Family Law Reform Act 1969,
(xiv)the M13Children and Young Persons Act 1969, F110...
F108(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)the M14Children Act 1975
[F112 (xviii) the Adoption and Children Act 2002F112] ,
[F113 (xviii) the National Health Service Act 2006 and the National Health Service (Wales) Act 2006F113] ,
[F114 (xx)the Children Act 1989F114] ,
[F115 (xxi)[F116 section 260 of the Sentencing Code orF116] [F117 section 92 ofF117] the Powers of Criminal Courts (Sentencing) Act 2000F115] ,
[F118 (xxii)[F119 Chapter 1 of Part 9 of the Sentencing Code orF119] Part 1 of the Criminal Justice and Immigration Act 2008;F118]
[F120 (xxiii)section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;F120,F103]]
(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 [F121 the Secretary of State F121] or the council of a [F122 non-metropolitan county, [F123 county borough F123] metropolitan district F122] or London borough or the Common Council of the City of London [F124 or a service for the provision of which [F125 NHS England F125] or [F126 an integrated care board F126] has, by virtue of the National Health Service Act 2006 , a duty or power to make arrangements F124] or a service for the provision of which [[F127,F128 a local Health Board is F128] , by virtue of F129 ... [F130 Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006 F130] , F127] under a duty to make arrangements [F131 or any service which a F132 ... Local Health Board is under a duty to provide under section 16CA or 16CC of that Act F131] ; 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 F133... , Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F134and the National Health Service Scotland Act [F1351978F135,F134]] ;
(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 [F136a Health BoardF136] is, by virtue of Part [F137IIF137] of the National Health Service (Scotland) Act [F1371978F137] under a duty to make arrangements [F138or any service which a Health Board is under a duty to provide under section 2C of that ActF138] ; and”F101]
65 Financial and other assistance by local authorities to certain voluntary organisations. cross-notes
(1)F139A 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, . . . .
(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, . . .
F140(3)In this section—
(a) “ local authority ” (except where used in the expression “ public or local authority ”) means the council of a county, [F141 other than a metropolitan county, or of a [F142 county borough, F142] metropolitan district F141] or London borough or the Common Council of the City of London;
[F143 (b) “ the relevant enactments ” means—
(i)Parts III and IV of the M15Children and Young Persons Act 1933,
F144(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F146(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M16Adoption Act 1958,
(vi)section 3 of the M17Disabled Persons (Employment) Act 1958,
[F147 (vii)the M18Children Act 1958,F147]
[F148 (viii)section 9 of the M19Mental Health Act 1959,F148]
(ix)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
[F149 (x)section 9 of the M20Domestic Proceedings and Magistrates’ Courts Act 1978F149] ,
(xi)the M21Children and Young Persons Act 1963, except Part II and section 56,
(xii)this Act,
(xiii)the M22Adoption Act 1968,
(xiv)section 7(4) of the M23Family Law Reform Act 1969,
(xv)the M24Children and Young Persons Act 1969,
(xvi)section 43 of the M25Matrimonial Causes Act 1973,
F150(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii)the M26Children Act 1975,
[F151 (xix)[F152 the Adoption and Children Act 2002F152,F151]] ,
[F153 (xix)[F154 the National Health Service Act 2006 and the National Health Service (Wales) Act 2006F154,F153]] ,
[F155 (xxi)the Children Act 1989F155] ,
[F156 (xxii)[F157 Chapter 1 of Part 9 of the Sentencing Code orF157] Part 1 of the Criminal Justice and Immigration Act 2008;F156]
[F158 (xxiii)section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;F158,F143]]
(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)M27,M28,M29The 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 National Health Service Act 1946, sections 26(6) and 30(2) of the National Assistance Act 1948, sections 45(4) and 46(3) of the 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)M30Subsection (1) of section 46 of the 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 [F159local authorityF159] 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 [F159local authorityF159] 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 [F159local authorityF159] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F160(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F161the [F162council constituted under section 2 of the Local Government etc. (Scotland) Act 1994F162,F161]] ;
F163(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F164(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F1651978F165] , Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;F164]
(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. cross-notes
(1) [F166The Secretary of StateF166] 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 [F167hospitals at which high security psychiatric services are providedF167] .
(2)M31,M32The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the Mental Health Act 1959 and [F167hospitals at which high security psychiatric services are providedF167] , there were substituted references respectively to the Secretary of State, the Mental Health (Scotland) Act 1960 and State hospitals.
67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17070 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F171 Provisions applicable to Scotland only
F17271 Compensation for stopping employment to prevent spread of disease in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17371A Fees for certificates relating to notifiable diseases and food poisoning.
[F174(1)Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under—
(a)section 3(1) of the Infectious Diseases (Notification) Act 1889 (notification of infectious diseases);
(b)regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases);
(c)section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning).
(2)The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances.
(3)A direction under this section may make provision in relation to fees payable after a date specified in the direction.
(4)The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners.
(5)Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners.
(6)For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.
(7)This section applies to Scotland only.F174,F173]]
F17572 Powers of sheriff, &c. to order a medical examination in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17673 Power of medical officers of health to enter premises in Scotland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17775 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17876 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179Part V General
77 Expenses and receipts.
(1)There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by [F180the Secretary of StateF180] or the Secretary of State in the exercise of any of their powers under this Act;
(b)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other Act.
(2)All sums received, by virtue of this Act, by [F180the Secretary of StateF180] or the Secretary of State shall be paid into the Exchequer.
78 Consequential amendments and repeals. cross-notes
(1)The enactments specified in Part I of Schedule 3 to this Act and the schemes mentioned in Part II of that Schedule shall have effect subject to the amendments specified in relation thereto in that Schedule, being amendments consequential on the foregoing provisions of this Act; and in that Schedule “M33the 1946 Act” means the National Health Service Act 1946, and “M34the 1947 Act” means the National Health Service (Scotland) Act 1947.
(2)The enactments specified in columns 1 and 2 of Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
79 Short title, citation, commencement, and extent. cross-notes
(1)This Act may be cited as the Health Services and Public Health Act 1968, . . .
F181(2)This Act, in its application to England and Wales, shall come into force on such date as the Minister may by order made by statutory instrument appoint, and, in its application to Scotland, on such date as the Secretary of State may by order so made appoint; and different dates may be appointed under this section for different provisions of this Act or for different purposes.
(3)This Act, except section 59 thereof, shall not extend to Northern Ireland.
SCHEDULES
F182,F182SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2
Part I . . .
F183Part II . . .
F184Section 78.
SCHEDULE 3 Consequential Amendments of Enactments and Schemes
Part I Enactments cross-notes
The National Assistance Act 1948(11 & 12 Geo. 6. c. 29)
In section 29(6)(b), the reference to accommodation and services required to be provided under the 1946 or the 1947 Act shall be construed as including a reference to accommodation or services required to be provided under Part I of this Act.
. . .
F185 . . .
F186The Health Visiting and Social Work (Training) Act 1962(10 & 11 Eliz. 2. c. 33)
F187,M35In section . . . 5, references to functions under Part III of the 1946 Act shall be construed as including references to functions under Part I of this Act in its application to England and Wales, and references to functions under Part III of the National Assistance Act 1948 shall be construed as including references to functions under section 26 of that Act as amended by section 44 of this Act and under section 45 of this Act.
The London Government Act 1963(1963 c. 33)
F188The reference in paragraph (a) of section 45(2) to Part III of the 1946 Act shall be construed as including a reference to sections . . . 12 and 13 of this Act.
The General Rate Act 1967(1967 c. 9)
In section 45(b), the references to purposes mentioned in and arrangments made under section 28(1) of the 1946 Act shall be construed respectively as including references to purposes mentioned in and arrangements made under section 12 of this Act.
Part II Schemes
M36All delegation schemes in force under section 46 of the Local Government Act 1958 immediately before the coming into operation of this Part of this Schedule shall be amended as follows:—
(a)references to sections 23, 28 and 29 of the 1946 Act shall be construed as referring respectively to sections 10, 12 and 13 of this Act;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F189(c)M37any reference to section 29 of the National Assistance Act 1948 shall be construed as including a reference to section 45 of this Act;
(d)references to sections 22 and 28 of the 1946 Act and section 30 of the National Assistance Act 1948 shall be construed as including references to section 65 of this Act.
Section 78.