OpenLegislation

Section 63 Provision of instruction for officers of hospital authorities and other persons employed, or contemplating employment, in certain activities connected with health or welfare.C1C2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C3C4C5(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 F2F3NHS England or F4an integrated care board, F5... F6... F7or Special Health Authority, Health Board F8... F9or 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 F10determined 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 HealthF11, NHS England, F12an integrated care board or the council of a F13non-metropolitan county F14county borough, metropolitan district or London borough or the Common Council of the City of London F15... ;

F16(aa)

the provision or performance of a primary medical service or primary dental service under F17either of the 2006 Acts F18or 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 F19NHS England or F20a F21Local Health Board is, by virtue of F22Chapter 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;

F23(ba)

the provision or performance of a service in accordance with arrangements made under F24... section 17C of the M1National Health Service (Scotland) Act 1978 and an activity involved in or connected with the provision or performance of such a service;

F25(bb)

the provision of a local pharmaceutical service under a pilot scheme F26established under section 134(1) of the National Health Service Act 2006 or under section 92(1) of the National Health Service (Wales) Act 2006 F27or 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 F28a Health Board is, by virtue of Part F29II 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.

F30(3)

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

F31(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.

F32(5A)

The Secretary of State may by regulations provide for any functions exercisable by a F33... F34... F35Special Health Authority F36... F37or 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

(F38a)

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—

F39(za)

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

F40(a)

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

(b)

Special Health Authorities;

F41(bb)

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

(F42bbb)

Local Health Boards; F43...

(c)

NHS trusts.

(F44d)

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 F45and for ancillary administrative purposes; and

(b)

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

F46(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.

F47(7)

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

(8)

In this section—

  • F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F49“2006 Acts” means the National Health Service Act 2006 and the National Health Service (Wales) Act 2006;

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

  • “the relevant enactments” means—

    1. (a)

      in relation to subsection (2)(a) above, F50any enactment functions under which F51are social services functions within the meaning of the M3Local Authority Social Services Act 1970 F52and the National Health Service Act F532006 F54or for the purposes of the Social Services and Well-being (Wales) Act 2014;

    2. (b)

      in relation to subsection (2)(c) above, F55... F56..., F57section 39 of the M4National Health Service Scotland Act 1978 F58... F59the F602006 Acts F61and Part 4 of the Social Services and Well-being (Wales) Act 2014.

F62(8A)

Expressions used in both this section and the F632006 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; F64...

X1(10)

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

Annotations

Textual amendments

F1

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

F2

Words in s. 63(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(a); S.I. 2012/1831, art. 2(2)

F3

Words in s. 63(1)(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 63(1)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6

Words in s. 63(1)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(a)

F7

Words in s. 63(1)(a) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(a); S.I. 1999/2342, art. 2(3)(a)

F8

Words in s. 63(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9

Words in s. 63(1)(a) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(2); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F10

Words substituted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(2), (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(b)

F11

Words in s. 63(2)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12

Words in s. 63(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 7; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13

Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 124(3)

F14

Words in s. 63(2)(a) inserted (29.4.1996) by S.I. 1996/1008, art. 2, Sch. 1 Pt. I para. 1

F15

Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F16

S. 63(2)(aa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(a); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 5(2)(d) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(d) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F17

Words in s. 63(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(a) (with Sch. 3 Pt. 1)

F18

Words in s. 63(2)(aa) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 1(3)

F19

Words in s. 63(2)(b) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 40(2); S.I. 2002/2478, art. 3(1)(d) (subject to arts 3(3) and 4)

F20

Words in s. 63(1)(a)(2)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by virtue of 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III, para. 95(2)(a)(b) (with Sch. 2 paras. 6, 16)

F21

Words in s. 63(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(b)

F22

Words in s. 63(2)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(b) (with Sch. 3 Pt. 1)

F23

S. 63(2)(ba) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 1(4); S.I. 1998/631, art. 2(1), Sch. 1, Sch. 2 (subject to art. 3(1)(2)(4))

F24

Words in s. 63(2)(ba) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 4(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, arts. 5(2)(d), 6(2)(b) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(d), 5(2)(b) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)

F25

S. 63(2)(bb) inserted (1.7.2002 for W., 1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 5 para. 1(3) (with ss. 64(9), 65(4)); S.I. 2002/1475; S.I. 2003/53, art. 2(a)

F26

Words in s. 63(2)(bb) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 2; S.I. 2010/30, art. 2(b)

F27

Words in s. 63(2)(bb) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(c) (with Sch. 3 Pt. 1)

F28

Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 135(c)

F29

Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(a)

F30

S. 63(3) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25, Sch. 3

F31

S. 63(4) repealed (E.W.) by National Health Service (Reorganisation) Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F32

S. 63(5A)(5B) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(c) (with Sch. 2 paras. 6, 16)

F33

Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F34

Words in s. 63(5A) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(c)

F35

Words in s. 63(5A) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65, 67(2), Sch. 4 para. 3(b); S.I. 1999/2342, art. 2(3)(a)

F36

Words in s. 63(5A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F37

Words in s. 63(5A) substituted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(3); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F38

Words in s. 63(5A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(d) (with Sch. 3 Pt. 1)

F39

S. 63(5B)(za) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F40

S. 63(5B)(a) omitted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 6(2)(d)

F41

S. 63(5B)(bb) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 12(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42

S. 63(5B)(bbb) inserted (10.10.2002 for W., 1.3.2007 in so far as not already in force, immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 5 para. 2(4); S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F43

Word in s. 63(5B)(bbb) repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14, Sch. 14 Pt. 1; S.I. 2004/759, art. 2

F44

S. 63(5B)(d) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 14; S.I. 2004/759, art. 2

F45

Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(a)

F46

S. 63(6A)(6B) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 97(7), 127(1); S.I. 2014/2473, art. 4(2)(a)

F47

Ss. 63(7), 67 repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5, (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

F48

Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

F49

Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(i) (with Sch. 3 Pt. 1)

F50

Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 20(b)

F51

Words in s. 63(8) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(3), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(2)(f)

F52

Words substituted by National Health Service Act 1977 (c. 49), Sch. 15, para. 45(2)(b)

F53

Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(ii) (with Sch. 3 Pt. 1)

F54

Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(a)

F55

Words repealed by National Health Service (Scotland) Act 1978 (c. 29), Sch. 17

F56

Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(i)

F57

Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 26(2)(b)

F58

Words in s. 63(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(ii)

F59

Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 45(2)(c)

F60

Words in s. 63(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(e)(iii) (with Sch. 3 Pt. 1)

F61

Words in s. 63(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 15(b)(iii)

F62

S. 63(8A) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 95(2)(d) (with Sch. 2 paras. 6, 16)

F63

Words in s. 63(8A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 38(f) (with Sch. 3 Pt. 1)

F64

Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II

Marginal citations

M1

1978 c. 29.

M2

1947 c. 27.

M3

1970 c.42.

M4

1978 c. 29.

Modifications

C1

References to the Minister of Health in this section (except in s. 63(9)) have been replaced by references to the Secretary of State

C2

S. 63(1)(5)(6): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue on S.I. 2000/695, reg. 3(2)(a), Sch. 1

C3

S. 63(1)(5)(6) transfer of functions (E.) (1.4.2001) by S.I. 2001/747, reg. 2(1), Sch. 1 (with regs. 3, 4)

C4

S. 63(1) modified as to exercise of functions of a Health Authority (E.) (1.4.2001) by S.I. 2001/747, regs. 5(5), 6(4)

C5

S. 63(1)(5)(6) functions made exercisable by Local Health Boards (E.W.) (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), regs. 1(2), 4, Sch.

Editorial notes

X1

The 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