Part IVU.K. Miscellaneous Matters

Provision of general ApplicationU.K.

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

(1)The powers exercisable in relation to a patented invention under section 46 of the M1Patents 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, general medical services or general dental services, and prescribed for the purposes of this section by regulations made by [F1the 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 [F2Part II of the M2National Health Service Act 1977], Part [F3II] of the M3National Health Service (Scotland) Act [F31978] or the 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 ScotlandE+W+S

F460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

62 Hover vehicles brought within scope of Acts relating to public health and food and drugs.E+W+S

(1)In the M4Public Health Act 1936 references to vessels, . . . F6, shall be construed as including references to [F7hovercraft within the meaning of the M5Hovercraft Act 1968] and [F8in that Act]“master” shall be construed accordingly.

(2)This section shall have effect in Scotland as if, [F9the reference to the Public Health Act 1936 included references to both] the Public Health (Scotland) Acts 1897 to 1945 and the M6Food and Drugs (Scotland) Act 1956.

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

(1)[F10The 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 a [F11Health Authority or Special Health Authority or a 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 [F12determined 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 or the council of a [F13non-metropolitan county, metropolitan district] or London borough or the Common Council of the City of London . . . F14;

(b)the provision of a service for the provision of which [F11a Health Authority] is, by virtue of [F15Part II of the 1977 Act], under a duty to make arrangements 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 [F16a Health Board] is, by virtue of Part [F17II] of the [F171978] 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(5)Instruction under this section may be provided on such terms, including terms as to payment of charges, as [F10the Secretary of State] thinks fit.

[F20(5A)The Secretary of State may by regulations provide for any functions exercisable by a Health Authority or Special Health Authority under or in relation to arrangements made under subsection (1) above to be exercisable by the Health Authority or Special Health Authority jointly with one or more other relevant health service bodies; and section 126 of the 1977 Act shall apply in relation 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—

(a)Health Authorities;

(b)Special Health Authorities; and

(c)NHS trusts.]

(6)[F10The 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 [F21and for ancillary administrative purposes]; and

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

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(8)In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

• [“ F241977 Act” means the M7National Health Service Act 1977];

• “1947 Act” means the M8National Health Service (Scotland) Act 1947;

• “the relevant enactments” means—

  (a)

  in relation to subsection (2)(a) above, [F25any enactment functions under which for the time being stand referred to committees established in pursuance of section 2 of the M9Local Authority Social Services Act 1970 [F26 and the M10National Health Service Act 1977]];

  (b)

  in relation to subsection (2)(c) above, . . . F27 Part III of the M11National Assistance Act 1948, [F28section 39 of the M12National Health Service Scotland Act 1978][F29section 45 of this Act and the M13National Health Service Act 1977].

[F30(8A)Expressions used in both this section and the 1977 Act have the same meaning in this section as in that Act.]

(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; . . . F31

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

[F3264 Financial assistance by the Minister of Health and the Secretary of State to certain voluntary organisations.E+W

(1)[F33The 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—

[F34(a)“the relevant enactments” means—

(i)Parts III and IV of the M14Children and Young Persons Act 1933,

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(iii)Part III of the M15National Assistance Act 1948,

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

F38(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F38(ix). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the M16Children and Young Persons Act 1963, except Part II and section 56,

(xi)this Act,

(xii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(xiii)section 7(4) of the M17Family Law Reform Act 1969,

(xiv)the M18Children and Young Persons Act 1969, . . . F40

F38(xv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(xvii)the M19Children Act 1975]

[F42(xviii)the National Health Service Act 1977]

[F43(xviii)the M20Adoption Act 1976]

[F44(xx)the Children Act 1989.]

(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 [F45the Secretary of State] or the council of a [F46non-metropolitan county, [F47county borough]metropolitan district] or London borough or the Common Council of the City of London or a service for the provision of which [F48a Health Authority are, by virtue of Part II of the M21National Health Service Act 1977,], under a duty to make arrangements; 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 . . . F49, Part III of the National Assistance Act 1948 and Part I of this Act and section 45 thereof [F50and the National Health Service Scotland Act [F511978]];

(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 [F52a Health Board] is, by virtue of Part [F53II] of the National Health Service (Scotland) Act [F531978] under a duty to make arrangements; and”]

65 Financial and other assistance by local authorities to certain voluntary organisations. E+W+S

(1)A 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, . . . F54.

(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, . . . F55

(3)In this section—

(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F56other than a metropolitan county, or of a [F57county borough,] metropolitan district] or London borough or the Common Council of the City of London;

[F58(b)“the relevant enactments” means—

(i)Parts III and IV of the M22Children and Young Persons Act 1933,

(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(iii)Part III of the M23National Assistance Act 1948,

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

(v)the M24Adoption Act 1958,

(vi)section 3 of the M25Disabled Persons (Employment) Act 1958,

[F61(vii)the M26Children Act 1958,]

[F62(viii)section 9 of the M27Mental Health Act 1959,]

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

[F63(x)section 9 of the M28Domestic Proceedings and Magistrates’ Courts Act 1978]],

(xi)the M29Children and Young Persons Act 1963, except Part II and section 56,

(xii)this Act,

(xiii)the M30Adoption Act 1968,

(xiv)section 7(4) of the M31Family Law Reform Act 1969,

(xv)the M32Children and Young Persons Act 1969,

(xvi)section 43 of the M33Matrimonial Causes Act 1973,

[F64(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(xviii)the M34Children Act 1975,]

[F64(xix)the M35National Health Service Act 1977],

[F66(xix)the M36Adoption Act 1976],

[F67(xxi)the Children Act 1989.]

(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)The 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 M37National Health Service Act 1946, sections 26(6) and 30(2) of the M38National Assistance Act 1948, sections 45(4) and 46(3) of the M39London 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)Subsection (1) of section 46 of the M40Local 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 [F68local authority] 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 [F68local 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 [F68local authority] in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(2B)In this section—

(a)“local authority” (except where used in the expression “public or local authority”) means, [F70the [F71council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

[F73(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F741978], Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;]

(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.E+W+S

(1)[F75The Secretary of State] 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 special hospitals.

(2)The foregoing subsection shall have effect in Scotland, as if, for the references therein to the Minister of Health, the M41Mental Health Act 1959 and special hospitals, there were substituted references respectively to the Secretary of State, the M42Mental Health (Scotland) Act 1960 and State hospitals.

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76E+W+S

E+W+S

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77E+W+S

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78E+W+S

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79E+W+S

Provisions applicable to Scotland onlyE+W+S

71 Compensation for stopping employment to prevent spread of disease in Scotland.S

(1)With a view to preventing the spread of—

(a)any infectious disease, or

(b)any food poisoning to which section 22(1) of the M43Food and Drugs (Scotland) Act 1956 applies,

a person who is at work may be requested by the [F80designated medical officer] for the place where the person is at work, by notice in writing, to discontinue his work.

(2)The local authority for the place in question shall compensate a person who has suffered any loss in complying with a request under this section; and any dispute arising under this subsection, whether as to the fact of loss or as to the amount of any compensation, shall be determined by a single arbiter, who, failing agreement between the parties, shall be appointed by the sheriff.

F81(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section applies to Scotland only.

[F8271A Fees for certificates relating to notifiable diseases and food poisoning.E+W+S

(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.]

72 Powers of sheriff, &c. to order a medical examination in Scotland.E+W+S

(1)If the sheriff (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F83designated medical officer] for any district—

(a)that there is reason to believe that some person in the district is or has been suffering from an infectious disease, or, though not suffering from such a disease, is carrying an organism that is capable of causing it, and

(b)that in his own interest, or in the interest of his family, or in the public interest, it is expedient that he should be medically examined, and

(c)that he is not under the treatment of a registered medical practitioner, or that the registered medical practitioner who is treating him consents to the making of an order under this section,

the sheriff may order him to be medically examined by the [F83designated medical officer], or by a registered medical practitioner nominated by the [F83designated medical officer].

(2)If the sheriff (acting if he deems it necessary, ex parte) is satisfied, on a written certificate issued by the [F83designated medical officer] for any district—

(a)that there is reason to believe that one of a group of persons, though not suffering from an infectious disease, is carrying an organism that is capable of causing it; and

(b)that in the interest of those persons or their families, or in the public interest, it is expedient that those persons should be medically examined,

the sheriff may order them to be medically examined by the [F83designated medical officer] or by a registered medical practitioner nominated by the [F83designated medical officer].

(3)In this section, references to a person’s being medically examined shall be construed as including references to his being submitted to bacteriological and radiological tests and similar investigations, and references to the sheriff shall be construed, in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.

(4)This section applies to Scotland only.

73 Power of medical officers of health to enter premises in Scotland.E+W+S

(1)Subject to the provisions of this section, the [F84designated medical officer] for any district shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises in that district at all reasonable hours for the purpose of the performance of any duty imposed on him by—

(a)the M44Infectious Disease (Notification) Act 1889; or

(b)the Public Health (Scotland) Acts 1897 to 1945; or

(c)this Act;

or, if he has reason to believe that any infectious disease exists, or has recently existed, in the premises, for the purpose of inspecting the premises.

(2)If the sheriff, on a written certificate issued by the [F84designated medical officer] for any district,—

(a)is satisfied that there are reasonable grounds for entry into any premises for any such purpose as aforesaid, and

(b)is also satisfied either—

(i)that admission to the premises has been refused, or a refusal is apprehended and that notice of the intention to apply for a warrant has been given to the occupier, or

(ii)that an application for admission, or the giving of such a notice, would defeat the object of the entry, or

(iii)that the case is one of urgency, or

(iv)that the premises are unoccupied or that the occupier is temporarily absent,

he may by warrant under his hand authorise the [F84designated medical officer] to enter the premises, if need be by force.

(3)A [F84designated medical officer] entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and, on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.

(4)Every warrant granted under this section shall continue in force for a period of one month.

(5)If—

(a)any person who, in compliance with the provisions of this section, or of a warrant issued thereunder, enters a factory or workplace, discloses to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or

(b)any person to whom by reason of his official position any information obtained as aforesaid is communicated, discloses that information to any person,

he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence against this section.

(6)A person who wilfully obstructs any person acting in the execution of this section or of a warrant issued thereunder shall be guilty of an offence against this section.

(7)A person who fails to give to any person acting in the execution of this section or of any warrant issued thereunder any assistance which that person may reasonably request him to give, or any information which that person is expressly authorised by any enactment to call for or may reasonably require, or who, when required to give any such information, knowingly makes any mis-statement in respect thereof, shall be guilty of an offence against this section:

(8)A person guilty of an offence against this section shall be liable on summary conviction to a fine not exceeding [F85level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(9)In this section . . . F86 references to the sheriff shall be construed in relation to any place, as including references to any justice of the peace appointed for an area which includes that place, and to any burgh magistrate so appointed.

(10)This section applies to Scotland only.

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87E+W+S

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88E+W+S

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89E+W+S