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., Health Services and Public Health Act 1968

The Secretary of State may, either directly or by entering into arrangements with others,—

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;

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

provide material and premises necessary for, or in connection with, the provision of any such instruction as aforesaid.

Paragraph (b) of the foregoing subsection applies to the following activities, namely—

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 ... ;

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;

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;

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;

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;

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;

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

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;

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.

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

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

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

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,

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.

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

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

Special Health Authorities;

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

Local Health Boards; ...

NHS trusts.

NHS foundation trusts

The Secretary of State may, with the approval of the Treasury,—

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

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

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.

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.

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

In this section—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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—
(a)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;
(b)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.

Expressions used in both this section and the 2006 Acts have the same meaning in this section as in those Acts.

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; ...

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

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.

Discussed in

About this text