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National Health Service (Scotland) Act 1978
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- 1978 c. 29
- Part III
- Section 39
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National Health Service (Scotland) Act 1978, Section 39 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 19A(2)(b) words repealed by 2003 asp 4 sch. 4 para. 5(4) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(a) words substituted by 2003 asp 4 sch. 4 para. 5(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(b) substituted by 2003 asp 4 sch. 4 para. 5(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(c) words substituted by 2003 asp 4 sch. 4 para. 5(5)(c) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 19B(2)(e) word substituted by 2003 asp 4 sch. 4 para. 5(5)(d) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 5(4)-(9) omitted (1.4.2004) by virtue of S.S.I. 2004/167, Sch. para. 7)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
39Medical and dental inspection, supervision and treatment of pupils and young persons.S
(1)It shall be the duty of the Secretary of State to provide for the medical F1 inspection, at appropriate intervals, and for the medical F1 supervision [F2and treatment], of all pupils in attendance at any school under the management of an education authority [F3or at any self-governing school], and of all young persons in attendance at any F4 other educational establishment under such management.
[F5(2)It is also the Secretary of State’s duty to provide, to such extent as he considers necessary to meet all reasonable requirements—
(a)for the dental inspection of such pupils and young persons as are mentioned in subsection (1);
(b)for their dental treatment; and
(c)for their education in dental health.]
(3)It shall be the duty of every education authority [F6and of every board of management] to make arrangements for encouraging and assisting pupils and young persons to take advantage of facilities for medical [F7treatment made available under subsection (1) and dental treatment made available for the purpose of] subsection (2); but where, in the case of any pupil or young person, his parent gives notice to the authority that he objects to the pupil or young person availing himself of the said facilities, the pupil or young person shall not be encouraged or assisted to do so.
(4)It shall be the duty of every education authority [F8and of every board of management] to afford sufficient and suitable facilities for the medical F9 inspection, supervision and treatment, described in [F10subsection (1) and for the dental inspection, treatment and education described in subsection (2)].
(5)Expressions used in this section and in the Education (Scotland) Act M1[F111980] have in this section the same meanings as in that Act.
Textual Amendments
F1Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(2)(a)(i), 25(2), Sch. 3
F2Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(a)(ii)
F3Words in s. 39(1) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I 2004/528, {art. 2}
F4Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F5S. 39(2) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(b)
F6Words in s. 39(3) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2
F7Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(c)
F8Words in s. 39(4) repealed (31.12.2004) by 2000 asp 6, ss. 60(2), 61(3), Sch. 3; S.S.I. 2004/528, art. 2
F9Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 10(2)(d)(i), 25(2), Sch. 3
F10Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 10(2)(d)(ii)
F11Words substituted by Education (Scotland) Act 1980 (c. 44), Sch. 4 para. 17
Modifications etc. (not altering text)
C1S. 39 extended by Education (Scotland) Act 1980 (c. 44), s. 57
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