Health Services and Public Health Act 1968

Part I

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Part II — Amendments connected with Local Authorities’ Services under the National Assistance Act 1948

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.

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• (1) For subsection (1) of section 26 of the National 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.

• (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”.

Promotion by local authorities, of the welfare of old people.

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Application to Isles of Scilly.

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Part III

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Part IV — Miscellaneous Matters

Provision of general Application

Extension of power of user by Crown of patented invention to user for certain health services.

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• (1) The 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, local pharmaceutical services, primary medical services, general medical services, personal medical services, primary dental services, general dental services or personal dental services, and prescribed for the purposes of this section by regulations made by the Secretaries of State respectively concerned with health in England, in Wales and in Scotland 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) In 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 Chapter 1 of Part 7 of the National Health Service Act 2006 or Chapter 1 of Part 7 of the National Health Service (Wales) Act 2006 (in the case of pharmaceutical services), Part II of the National Health Service (Scotland) Act 1978 (in the case of pharmaceutical services or general dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

• (2A) In subsection (1), references to personal medical services and personal dental services are to be construed as references to services of those ... kinds under ... section 17C of the 1978 Act (in the case of personal dental services) or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

• (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 section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006;

• (b) an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006; or

• (c) any corresponding provision of the law in force in the Isle of Man.

• (2C) In subsection (1), the reference to primary medical services is a reference to primary medical services provided under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, 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 to primary dental services provided under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man.

• (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

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Hover vehicles brought within scope of Acts relating to public health and food and drugs.

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• (1) In the Public Health Act 1936 references to vessels, . . . , shall be construed as including references to hovercraft within the meaning of the Hovercraft Act 1968 and in that Act“master” shall be construed accordingly.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.

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• (1) The 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 NHS England or an integrated care board, ... ... or Special Health Authority, Health Board ... or 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 determined 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, NHS England, an integrated care board or the council of a non-metropolitan county county borough, metropolitan district or London borough or the Common Council of the City of London ... ;

• (aa) the provision or performance of a primary medical service or primary dental service under either of the 2006 Acts or 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 NHS England or a Local Health Board is, by virtue of Chapter 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;

• (ba) the provision or performance of a service in accordance with arrangements made under ... section 17C of the National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;

• (bb) the provision of a local pharmaceutical service under a pilot scheme established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006 or 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) the provision of a service for the provision of which a Health Board is, by virtue of Part II of the 1978 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Instruction under this section may be provided on such terms, including terms as to payment of charges, as the Secretary of State thinks fit.

• (5A) The Secretary of State may by regulations provide for any functions exercisable by a ... ... Special Health Authority ... or Local Health Board under or in relation to arrangements made under subsection (1) above to be exercisable by the ... ... Special Health Authority ... or Local Health Board jointly with one or more other relevant health service bodies; and

• (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.

• (5B) For the purposes of subsection (5A) above the following are relevant health service bodies—

• (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Special Health Authorities;

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bbb) Local Health Boards; ...

• (c) NHS trusts.

• (d) NHS foundation trusts

• (6) The 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 and for ancillary administrative purposes; and

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

• (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.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section—

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• “2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;

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

• “the relevant enactments” means—in relation to subsection (2)(a) above, any enactment functions under which are social services functions within the meaning of the Local Authority Social Services Act 1970 and the National Health Service Act 2006 or for the purposes of the Social Services and Well-being (Wales) Act 2014;in relation to subsection (2)(c) above, ... ..., section 39 of the National Health Service Scotland Act 1978 ... the 2006 Acts and Part 4 of the Social Services and Well-being (Wales) Act 2014.

• (8A) Expressions used in both this section and the 2006 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; ...

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

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

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• (1) The 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—

• (a) “the relevant enactments” means—

• (i) Parts III and IV of the Children and Young Persons Act 1933,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (x) the Children and Young Persons Act 1963, except Part II and section 56,

• (xi) this Act,

• (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xiii) section 7(4) of the Family Law Reform Act 1969,

• (xiv) the Children and Young Persons Act 1969, ...

• (xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xvii) the Children Act 1975

• (xviii) the Adoption and Children Act 2002,

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

• (xx) the Children Act 1989,

• (xxi) section 260 of the Sentencing Code or section 92 of the Powers of Criminal Courts (Sentencing) Act 2000,

• (xxii) Chapter 1 of Part 9 of the Sentencing Code or Part 1 of the Criminal Justice and Immigration Act 2008;

• (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 the Secretary of State or the council of a non-metropolitan county, county borough metropolitan district or London borough or the Common Council of the City of London or a service for the provision of which NHS England or an 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 a local Health Board is, by virtue of ... Part 6 of, or Chapter 1 of Part 7 of, the National Health Service (Wales) Act 2006, under a duty to make arrangements or any service which a ... 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.