(c) crown copyright
Catalogue Reference:CAB/129/7
Image Reference:0036
fHIS D O C U M E N T IS T H E P R O P E R T Y OF H I S B R I T A N N I C M A J E S T Y / S GOYERNMICMT
128
Printed
for the Cabinet.
March
1946.
SECRET.
Copy N o .
3g
C P . (46) 86.
1st March,
1946.
-
CABINET.
NATIONAL
HEALTH
SERVICE
BILL.
M E M O R A N D U M BY T H E M I N I S T E R O F H E A L T H .
I s u b m i t ( a p p e n d e d to t h i s P a p e r ) m y d r a f t N a t i o n a l H e a l t h Service B i l l .
T h e p r o p o s a l s c o n t a i n e d in i t w e r e given g e n e r a l a p p r o v a l by t h e C a b i n e t o n t h e
20th December, 1945 ( C M . (45) 6 5 t h Conclusions. M i n u t e 3). H e a d s of t h e
Bill itself w e r e a p p r o v e d by the C a b i n e t on t h e 8th J a n u a r y l a s t ( C M . (46)
3rd Conclusions, M i n u t e 1). 2. I ask to be a u t h o r i s e d to i n t r o d u c e the B i l l i n t o t h e H o u s e of C o m m o n s
d u r i n g t h e p r e s e n t m o n t h . I f my colleagues a p p r o v e t h e B i l l I also a s k — i n o r d e r
to save t i m e — t o be allowed t o m a k e a n y a m e n d m e n t s of a m i n o r or d r a f t i n g n a t u r e
which m a y be f o u n d d e s i r a b l e to give final f o r m t o t h e B i l l a f t e r i t h a s been
a p p r o v e d a n d before i t s i n t r o d u c t i o n . . C o n c u r r e n t l y w i t h i t s i n t r o d u c t i o n , I
propose to issue a s h o r t W h i t e P a p e r e x p l a i n i n g t h e n e w service in o u t l i n e , a s w a s
done i n t h e case of t h e N a t i o n a l I n s u r a n c e Bill.
:
Results
of Discussions
of
Proposals.
3. D u r i n g t h e p a s t t w o m o n t h s t h e S e c r e t a r y of S t a t e f o r S c o t l a n d a n d I
have h a d a series of d i s c u s s i o n s w i t h r e p r e s e n t a t i v e s of those whose e x p e r i e n c e
a p p e a r e d l i k e l y t o be of t h e g r e a t e s t v a l u e in f r a m i n g t h e B i l l . T h e p r o p o s a l s
have been e x p l a i n e d to t h e m i n confidence, a n d t h e y h a v e been asked for t h e i r
considered v i e w s as e x p e r t s , n o t as d e l e g a t e s e n t i t l e d to c o m m i t t h e i r p r i n c i p a l s .
4. I n g e n e r a l t h e r e a c t i o n s h a v e n o t been u n f a v o u r a b l e . T h e local
a u t h o r i t i e s a r e d i v i d e d in t h e i r views. T h e L o n d o n C o u n t y C o u n c i l a c c e p t s t h e
proposals s u b j e c t to m i n o r p o i n t s on w h i c h I t h i n k t h e y c a n be m e t ; t h e C o u n t y
Councils' A s s o c i a t i o n h a s e x p r e s s e d some opposition, a n d t h e A s s o c i a t i o n of
M u n i c i p a l C o r p o r a t i o n s also, a n d t h e r e w i l l i n e v i t a b l y be some u n f a v o u r a b l e
comment f r o m t h e r e p r e s e n t a t i v e s of m i n o r a u t h o r i t i e s w h i c h a r e t o lose t h e i r
functions t o t h e c o u n t y councils. B u t in g e n e r a l I do n o t a n t i c i p a t e s t r o n g
opposition f r o m local a u t h o r i t i e s , p a r t i c u l a r l y i n view of t h e lead g i v e n bv t h e
L.C.C.
5. T h e r e p r e s e n t a t i v e s of the m e d i c a l p r o f e s s i o n h a v e felt u n a b l e to go v e r y
far i n e x p r e s s i n g o p i n i o n s except o n c o m p a r a t i v e l y m i n o r issues, o w i n g to t h e
restricted n a t u r e of t h e i r m a n d a t e from t h e i r p r i n c i p a l s . T h e r e w i l l c e r t a i n l y
be vocal o p p o s i t i o n w h e n the B i l l is published, b u t I a m satisfied t h a t t h e m o s t
responsible m e m b e r s a n d l e a d e r s of t h e profession a r e b r o a d l y r e a s s u r e d t h a t t h e
proposals i n it r e p r e s e n t a reasonable a n d f a i r solution of t h e p r o b l e m s involved.
6. T h e v o l u n t a r y h o s p i t a l r e p r e s e n t a t i v e s a r e hostile, a n d w i l l do all t h e y c a n
to o r g a n i s e o p p o s i t i o n . Even here, however, t h e m o r e responsible a n d e x p e r i e n c e d
leaders of t h e m o v e m e n t realise a n d accept t h e fact t h a t t h e p r i n c i p l e s embodied
in t h e p r o p o s a l s a r e reasonable.
7. T h e discussions w i t h o t h e r i n t e r e s t e d p a r t i e s have n o t revealed a n y t h i n g
more t h a n m i n o r p o i n t s of difference. T h e r e may be some o p p o s i t i o n f r o m s i g h t ­
testing o p t i c i a n s to the, p r o p o s a l s for g r a d u a l l y r e p l a c i n g the p r e s e n t eye services
by s p e c i a l i s t eye clinics based on the h o s p i t a l service. I hope, however, t h a t if
[31391]
B
a r r a n g e m e n t s can be m a d e for e x i s t i n g o p t i c i a n s (but n o t newcomers) to be engaged
p a r t - t i m e as r e f r a c t i o n i s t s in t h e c l i n i c s — a m a t t e r w h i c h is left o p e n by t h e Bill
itself, a n d w i l l be settled l a t e r — w e m a y secure t h e i r co-operation a n d s u p p o r t .
8. F r o m t h e p o l i t i c a l p o i n t of view, G o v e r n m e n t s u p p o r t e r s m a y f a s t e n on
t w o p o i n t s for criticismi—the p r o p o s a l s for p r o v i d i n g p r i v a t e pay-beds for p r i v a t e
t r e a t m e n t (Clause 5), a n d the m e t h o d of r e m u n e r a t i o n of doctors. O n t h e first
p o i n t Clause 5 c a r r i e s o u t t h e p r o p o s a l a l r e a d y a p p r o v e d by t h e C a b i n e t — i t is
indeed e s s e n t i a l if we a r e to a t t r a c t some of t h e best specialists i n t o t h e service
from t h e o u t s e t - - b u t w i t h one i m p o r t a n t modification, namely, i t is m a d e clear
t h a t t h e provision of p r i v a t e a c c o m m o d a t i o n w i l l be d e p e n d e n t on my being
satisfied t h a t it is justifiable to p r o v i d e it, in e a c h case h a v i n g r e g a r d to the
needs of t h e o r d i n a r y public s e r v i c e ; a n d also t h a t t h e u s e of t h a t a c c o m m o d a t i o n
for p r i v a t e p u r p o s e s m a y a t a n y t i m e be o v e r r i d d e n if i t is needed u r g e n t l y for
a n o n - p a y i n g p a t i e n t u n d e r t h e p u b l i c service. T h i s s h o u l d go f a r t o meet any
criticism. O n the second p o i n t , t h e Bill does n o t itself d e t e r m i n e t h e m e t h o d
of r e m u n e r a t i n g g e n e r a l p r a c t i t i o n e r s , b u t leaves i t to t h e g e n e r a l r e g u l a t i o n s
r e g a r d i n g t h e i r t e r m s of service. T h e s a m e p r o c e d u r e w a s a d o p t e d in t h e old
N a t i o n a l H e a l t h I n s u r a n c e l a w . I a m s u r e i t is r i g h t , w i t h a view to f u t u r e
developments a n d c h a n g e s i n m e t h o d w h i c h m a y become desirable a n d w h i c h
would r e q u i r e legislation unless t h e y could be covered by r e g u l a t i o n s . T h e q u e s t i o n
of m e t h o d of p a y m e n t w i l l be o n e of t h e m a i n t h i n g s r a i s e d i n the d e b a t e s on
the Bill, n o d o u b t ; b u t t h e absence of a n y e x p r e s s provision s e t t l i n g i t i n the
Bill itself w i l l n o t i n a n y w a y i m p e d e the freedom of m e m b e r s t o r a i s e i t — a n d
t h e r e f o r e should n o t be a m a t t e r for c r i t i c i s m .
Synopsis
of
Clauses.
9. Clauses 1 and 46 and the Eighth
Schedule
p u t u p o n t h e M i n i s t e r the
g e n e r a l d u t y to e s t a b l i s h a c o m p r e h e n s i v e h e a l t h service a n d t r a n s f e r to him
t h e m e n t a l h e a l t h f u n c t i o n s of t h e B o a r d of C o n t r o l (except q u a s i - j u d i c i a l
f u n c t i o n s d e s i g n e d t o s a f e g u a r d t h e l i b e r t y of t h e subject, w h i c h w i l l c o n t i n u e
to be exercised by t h e B o a r d ) .
;
10. Clause 2 and the First Schedule p r o v i d e for a n e x p e r t C e n t r a l H e a l t h
Services Council to a d v i s e the M i n i s t e r a n d e m p o w e r the M i n i s t e r also to a p p o i n t
s t a n d i n g a d v i s o r y sub-committees on different a s p e c t s of t h e service.
1 1 . Clauses 3 to 13 and the Second and Third
Schedules
d e a l w i t h the
h o s p i t a l a n d specialist services. T h e d u t y to p r o v i d e h o s p i t a l s ( w h i c h includes
special a n d m e n t a l h o s p i t a l s , c l i n i c s o p e r a t e d i n c o n n e x i o n w i t h h o s p i t a l s , &c.)
a n d t h e services of s p e c i a l i s t s is l a i d u p o n t h e M i n i s t e r . E x i s t i n g v o l u n t a r y a n d
local a u t h o r i t y h o s p i t a l s , t o g e t h e r w i t h r i g h t s a n d liabilities a t t a c h e d to them,
a r e t r a n s f e r r e d to t h e M i n i s t e r . T h e t r a n s f e r covers t h e p r o p e r t y a n d a s s e t s of
t h e v o l u n t a r y h o s p i t a l s a s well a s t h e i r p r e m i s e s , b u t does not i n c l u d e i n d e p e n d e n t
f u n d s such a s t h e K i n g E d w a r d ' s H o s p i t a l F u n d i n L o n d o n (see also p a r a g r a p h
2 3 (a) below). R e g i o n a l H o s p i t a l B o a r d s a r e set u p w h i c h will be t h e employers
of all h o s p i t a l staff (except i n t e a c h i n g h o s p i t a l s ) a n d w i l l a d m i n i s t e r t h e service
as a w h o l e on behalf of t h e M i n i s t e r a n d i n a c c o r d a n c e w i t h h i s r e g u l a t i o n s , the
d a y - t o - d a y a d m i n i s t r a t i o n of i n d i v i d u a l h o s p i t a l s or g r o u p s of h o s p i t a l s devolving
u p o n local H o s p i t a l M a n a g e m e n t C o m m i t t e e s to t h e e x t e n t p r e s c r i b e d (Clause 10).
12. Clauses 14 to 16 e m p o w e r t h e M i n i s t e r to p r o v i d e t w o f u r t h e r direct
services—bacteriological l a b o r a t o r i e s a n d blood t r a n s f u s i o n — a n d to c o n d u c t and
assist research.
13. Clauses 17 to 28, 48 and 49 and the Fourth Schedule
d e a l w i t h the
services t o be p r o v i d e d by t h e local h e a l t h a u t h o r i t i e s . These a r e t h e county
a n d c o u n t y b o r o u g h councils, w i t h t h e u s u a l p r o v i s i o n for j o i n t b o a r d s i n case
t h i s should be needed i n a few e x c e p t i o n a l cases. Clause 19 r e q u i r e s t h e local
a u t h o r i t i e s to p r o v i d e a n d m a i n t a i n t h e n e w h e a l t h centres, a t w h i c h t h e family
p r a c t i t i o n e r services ( p a r a g r a p h 14 below) as well as t h e local a u t h o r i t y h e a l t h '
services w i l l be p r o v i d e d . T h e a u t h o r i t i e s a r e also c h a r g e d w i t h the d u t y to
p r o v i d e t h e following s e r v i c e s - m a t e r n i t y a n d child w e l f a r e (the l a t t e r t o be
d e l e g a t e d , w h e r e a p p r o p r i a t e , i n t h e s a m e w a y as t h e school h e a l t h service), child
l i f e protection, m i d w i f e r y , h e a l t h v i s i t i n g , home n u r s i n g , v a c c i n a t i o n and
i m m u n i s a t i o n , a m b u l a n c e s a n d t h e n o n - h o s p i t a l a s p e c t s of t h e m e n t a l health
services. T h e y a r e also e m p o w e r e d to p r o v i d e d o m e s t i c help in households where
i t is r e q u i r e d on h e a l t h g r o u n d s , a n d to m a k e s u p p l e m e n t a r y a r r a n g e m e n t s (other
t h a n cash p a y m e n t s ) for the c a r e a n d a f t e r - c a r e of the sick.
-
3
129
14. Clauses 29 to 44 e s t a b l i s h t h e f a m i l y p r a c t i t i o n e r s e r v i c e s — g e n e r a l
p r a c t i t i o n e r s a n d d e n t i s t s , t h e s u p p l y of d r u g s , &c, a n d p r o v i d e for a t e m p o r a r y
s u p p l e m e n t a r y eye service o n t h e g e n e r a l lines of t h e p r e s e n t service u n t i l t h e
intended service of s p e c i a l i s t o p h t h a l m i c c l i n i c s is fully developed. N e w E x e c u ­
tive Councils (half p r o f e s s i o n a l a n d h a l f " c o n s u m e r " ) a r e set u p for e a c h local
health a u t h o r i t y ' s a r e a t o a d m i n i s t e r t h e s e services, t h e d e t a i l s of w h i c h a r e t o be
governed by r e g u l a t i o n s . A special c e n t r a l c o m m i t t e e is p r o v i d e d for, t o c o n t r o l
the d i s t r i b u t i o n of m e d i c a l p r a c t i c e s w i t h i n t h e service (Clause 3 2 and the
Sixth
Schedule).
S a l e a n d p u r c h a s e of t h e p r a c t i c e s of doctors p a r t i c i p a t i n g i n t h e
service is p r o h i b i t e d , w i t h c o m p e n s a t i o n for e x i s t i n g p r a c t i t i o n e r s (Clauses
33
to 35).
15. Clause 45 e m p o w e r s t h e M i n i s t e r t o a r r a n g e r e f r e s h e r
doctors a n d d e n t i s t s on a v o l u n t a r y basis.
courses
for
16. Clauses 46 to 49 and the Eighth and Ninth Schedules c o n t a i n t h e neces­
sary p r o v i s i o n s for t r a n s f e r r i n g t h e m e n t a l h e a l t h f u n c t i o n s of t h e B o a r d of
Control to t h e M i n i s t e r a n d for a d j u s t i n g t h e p r e s e n t l a w t o fit t h e n e w d i s t r i b u ­
tion of m e n t a l h e a l t h d u t i e s a s between t h e R e g i o n a l H o s p i t a l B o a r d s a n d t h e local
authorities.
17. Clauses 50 to 53 p r o v i d e for t h e f i n a n c i n g f r o m t h e E x c h e q u e r of t h e
h o s p i t a l a n d o t h e r services p r o v i d e d d i r e c t b y t h e M i n i s t e r a n d of t h e f a m i l y p r a c ­
t i t i o n e r services, a n d for a w e i g h t e d 50 p e r cent. E x c h e q u e r g r a n t i n r e s p e c t of
the services p r o v i d e d by local h e a l t h a u t h o r i t i e s .
18. Clause 54 g i v e s t h e M i n i s t e r d e f a u l t p o w e r s over t h e v a r i o u s bodies
a d m i n i s t e r i n g t h e different services.
19. Clause 55 g i v e s t h e M i n i s t e r a n d , s u b j e c t to h i s confirmation, t h e local
h e a l t h a u t h o r i t i e s p o w e r t o b u y l a n d c o m p u l s o r i l y for p u r p o s e s of t h e n e w service.
20. The remaining
Clauses c o n t a i n m i s c e l l a n e o u s a d m i n i s t r a t i v e p r o v i s i o n s ,
repeals, & c , t h e most i m p o r t a n t b e i n g a n e w p o w e r t o t h e M i n i s t e r t o p r o v i d e , by
r e g u l a t i o n s , for s u p e r a n n u a t i o n schemes for t h e v a r i o u s employees of t h e different
bodies f u n c t i o n i n g u n d e r t h e B i l l (Clause 58) a n d a l s o t o deal by r e g u l a t i o n s w i t h
the t r a n s f e r of officers a n d p r o p e r t y a n d t h e c o m p e n s a t i o n of w h o l e - t i m e officers
(Clauses 59 and 60).
Form
of the
BUI.
2 1 . T h e Bill m a y be c r i t i c i s e d o n t h e g r o u n d t h a t too m u c h is left to be d e a l t
w i t h i n r e g u l a t i o n s . T h i s is i n e v i t a b l e i n a Bill of t h i s k i n d , as i t is also i n t h e
N a t i o n a l I n s u r a n c e B i l l . T h e r e is, i n c i d e n t a l l y , a m p l e p r e c e d e n t for i t i n t h e old
N a t i o n a l H e a l t h I n s u r a n c e A c t s , so f a r a s m e d i c a l benefit w a s concerned. I n t h e
p r e s e n t case t h e a m o u n t left to r e g u l a t i o n s c a n be d e f e n d e d on t h e g r o u n d s : —
(a) of t h e d e s i r a b i l i t y of g i v i n g as m u c h e l a s t i c i t y a s possible to t h e service
a n d a l l o w i n g a d j u s t m e n t s of d e t a i l w i t h g a t h e r i n g e x p e r i e n c e , w i t h o u t
t h e need for a m e n d i n g l e g i s l a t i o n ;
(b) of t h e f a c t t h a t m a n y of t h e d e t a i l e d a r r a n g e m e n t s w i l l r e q u i r e d i s c u s s i o n
w i t h t h e p r o f e s s i o n s a n d o t h e r s concerned before t h e y c a n be f a i r l y
settled;
(c) of t h e sheer n e e d to 'save P a r l i a m e n t a r y t i m e t h i s session.
P r o v i s i o n is m a d e for affirmative r e s o l u t i o n s in t h e case of r e g u l a t i o n s
g o v e r n i n g t h e s u p e r a n n u a t i o n , t r a n s f e r a n d c o m p e n s a t i o n of officers, w h i c h w i l l
impose c h a r g e s on t h e E x c h e q u e r .
22. T h e Bill also i n e v i t a b l y a p p e a r s t o give t h e w r o n g r e l a t i v e p r o m i n e n c e
to some of t h e different p a r t s of the s e r v i c e ; e.g., i t h a s t o deal e x p r e s s l y w i t h t h e
t e m p o r a r y s u p p l e m e n t a r y eye service, w h i l e t h e r e a l m a i n o p h t h a l m i c service is
covered by t h e g e n e r a l c l a u s e s on h o s p i t a l a n d s p e c i a l i s t services a n d so r e q u i r e s
no e x p r e s s m e n t i o n . T h i s s o r t of a p p a r e n t false p e r s p e c t i v e c a n be c o r r e c t e d by
the c o v e r i n g W h i t e P a p e r .
-
1
Some Special
Points
on the
Bill.
2 3 . G e n e r a l l y , t h e p r o p o s a l s i n t h e B i l l cover f a m i l i a r g r o u n d , a l r e a d y coii­
sidered by m y colleagues, a n d t h e y need n o t be r e v i e w e d a g a i n i n t h i s p a p e r .
There a r e , however, some p a r t i c u l a r p o i n t s to w h i c h I o u g h t to d r a w a t t e n t i o n :—
(a) Existing
funds of voluntary
hospitals.-8pecial
p r o v i s i o n is m a d e , a s
previously c o n t e m p l a t e d , for a n y h o s p i t a l s d e s i g n a t e d by t h e M i n i s t e r a s t e a c h i n g
[31391]
"
B 2
si
m
;
h o s p i t a l s . T h e y w i l l not be a d m i n i s t e r e d by t h e R e g i o n a l B o a r d s a n d M a n a g e ­
m e n t C o m m i t t e e s , b u t each will h a v e i t s o w n special B o a r d of G o v e r n o r s consti­
t u t e d u n d e r t h e , B i l l (Clauses 9 and 11 and the Third Schedule).
O w n e r s h i p of
t h e h o s p i t a l p r e m i s e s a n d e q u i p m e n t will vest in t h e M i n i s t e r , b u t all t h e p r e s e n t
e n d o w m e n t s a n d o t h e r f u n d s of e x i s t i n g t e a c h i n g h o s p i t a l s w i l l a u t o m a t i c a l l y
become t h e p r o p e r t y of t h e n e w B o a r d s of G o v e r n o r s a n d t h u s r e m a i n a t t a c h e d
to the h o s p i t a l s t o w h i c h t h e y a t t a c h now. T h e r e is some p r e s s u r e t h a t I should
a d o p t t h e s a m e course w i t h all t h e f u n d s of all v o l u n t a r y h o s p i t a l s ; b u t i t is
q u i t e clear t h a t to t r y t o e a r m a r k t h e m i n a n y special w a y w i t h i n t h e new
a d m i n i s t r a t i v e m a c h i n e r y of t h e R e g i o n a l B o a r d s w o u l d be i m p r a c t i c a b l e , and
I h a v e n o t accepted t h e s u g g e s t i o n beyond t h e p r o v i s i o n in Clause 6 r e q u i r i n g me
to secure a s f a r a s possible t h a t t h e objects to w h i c h t h e f u n d s w e r e devoted in the
past are not prejudiced.
I h a v e i n s e r t e d i n Clause 7 a p r o v i s i o n to p r o t e c t t h e G o v e r n m e n t a g a i n s t
t h e loss of h o s p i t a l p r o p e r t y t h r o u g h a n y t r a n s f e r s m a d e by h o s p i t a l s before the
a p p o i n t e d d a y i n a n a t t e m p t to evade t h e A c t .
(b) Vaccination
and immunisation
w i l l n o t f o r m p a r t of t h e o r d i n a r y d u t i e s
of a g e n e r a l p r a c t i t i o n e r u n d e r h i s t e r m s of service, b u t t h e local h e a l t h a u t h o r i t y
is r e q u i r e d by Clause 2 4 to m a k e a r r a n g e m e n t s for t h i s service a n d t h e r e f o r e to
p a y fees t o t h e d o c t o r s w h o p r o v i d e it. I r e g r e t t h e necessity for t h e l a t t e r p a r t
of t h i s p r o v i s i o n , b u t I a m satisfied t h a t w i t h o u t i t v a c c i n a t i o n — w h i c h is no
l o n g e r t o be c o m p u l s o r y — a n d d i p h t h e r i a i m m u n i s a t i o n w i l l n o t be c a r r i e d out
to t h e e x t e n t w e desire. I n o r d e r t o get a s a t i s f a c t o r i l y h i g h p r o p o r t i o n of the
p o p u l a t i o n v a c c i n a t e d a n d i m m u n i s e d i t is necessary n o t only to d i r e c t p r o p a g a n d a
a t t h e p a t i e n t , b u t t o give the general p r a c t i t i o n e r some i n c e n t i v e to t a k e the
initiative.
(c) Sale and purchase
of medical practices.
(Clauses 33 to 3 5 . ) — T h e sale
a n d p u r c h a s e of the p r a c t i c e of a n y doctor p a r t i c i p a t i n g i n t h e service (but n o t
of p u r e l y p r i v a t e p r a c t i c e s ) will be p r o h i b i t e d . A n y d o c t o r w h o before a n
a p p o i n t e d d a y gets h i s n a m e on to a n E x e c u t i v e C o u n c i l ' s l i s t — i . e . , is accepted
a s a p a r t i c i p a n t in t h e f u t u r e service—will be e n t i t l e d to c o m p e n s a t i o n for the
full v a l u e of h i s p r a c t i c e d e t e r m i n e d , i n a c c o r d a n c e w i t h r e g u l a t i o n s , a s a p r o ­
p o r t i o n of t h e e s t i m a t e d global v a l u e of all m e d i c a l p r a c t i c e s o n t h e d a t e i n
q u e s t i o n . I a m a t t h e moment—-with t h e h e l p a n d advice of t h e G o v e r n m e n t
A c t u a r y — t r y i n g to a g r e e w i t h t h e p r o f e s s i o n ^ r e p r e s e n t a t i v e s w h a t t h a t global
s u m s h o u l d p r o p e r l y be, a n d I t h e r e f o r e h o p e t h a t t h e figure i n s e r t e d i n Clause
34 w i l l be a n a g r e e d one. I should like a u t h o r i t y t o i n s e r t in t h e B i l l , b e f o r e its
i n t r o d u c t i o n , w h a t e v e r figure m a y be a g r e e d between t h e C h a n c e l l o r of t h e
E x c h e q u e r a n d myself i n t h e l i g h t of t h e above discussions w i t h t h e profession.
I t h i n k t h a t , as t h e figure for G r e a t B r i t a i n is l i k e l y to be i n t h e n e i g h b o u r h o o d
of £ 6 6 million, the figure t o g o i n t h e B i l l w i l l be t h e p r o p o r t i o n of t h a t total
a p p r o p r i a t e to E n g l a n d a n d W a l e s . T h e a p p o r t i o n m e n t of t h e s u m w i l l be
l a t e r d e t e r m i n e d , in c o n s u l t a t i o n w i t h t h e profession itself. T h e r e l e v a n t r e g u l a ­
t i o n s w i l l p r o v i d e for t h e a m o u n t of c o m p e n s a t i o n p a y a b l e t o e a c h i n d i v i d u a l ,
a n d lay d o w n t h a t it s h a l l n o r m a l l y be c r e d i t e d t o the doctor a n d p a i d only
o n h i s d e a t h or r e t i r e m e n t from t h e p u b l i c service. T h e r e will, however, be
p r o v i s i o n for p a y m e n t o r p a r t p a y m e n t a t t h e o u t s e t of t h e scheme i n t h e case
of doctors w i t h a n y c o n s i d e r a b l e o u t s t a n d i n g l o a n s to r e p a y in r e s p e c t of t h e
p a s t p u r c h a s e b y t h e m of p r a c t i c e s . C o m p e n s a t i o n will need to be p a i d a t t h e
o u t s e t also i n t h e case of doctors who die o r r e t i r e from p r a c t i c e between t h e
p a s s i n g of t h e A c t a n d t h e a p p o i n t e d d a y a n d whose p r a c t i c e s have n o t been sold
before t h a t d a t e . I n o t h e r cases, u n t i l t h e c o m p e n s a t i o n becomes p a y a b l e , the
d o c t o r w i l l receive a n n u a l l y i n t e r e s t a t t h e r a t e of 2 f p e r cent, on" t h e sum
s t a n d i n g to h i s c r e d i t .
Clause 33 p r o h i b i t s t h e sale of p r a c t i c e s w h e r e c o m p e n s a t i o n h a s been p a i d
a s well a s of f u t u r e p r a c t i c e s , a n d c o n t a i n s e l a b o r a t e p r o v i s i o n s d e s i g n e d as f a r
a s possible to p r e v e n t evasion by f r a u d u l e n t t r a n s a c t i o n s , e.g., by t h e sale of a
d o c t o r ' s h o u s e a t a fancy p r i c e .
(d) Dismissal of general practitioners
and others.
(Clause 40 and the Seventh
Schedule.)—Under
t h e p r e s e n t l a w a doctor, d e n t i s t or chemist p a r t i c i p a t i n g in
t h e n a t i o n a l h e a l t h i n s u r a n c e service can be excluded, p e r m a n e n t l y o r t e m p o r a r i l y ,
from t h a t service on t h e decision of t h e M i n i s t e r . I n f u t u r e , however, w h e n the
w h o l e p o p u l a t i o n w i l l be covered by t h e public service, to e x c l u d e a m a n from
t h e service may, in effect, be to d e p r i v e h i m of h i s whole livelihood. I h a v e come
t o t h e conclusion, t h e r e f o r e , t h a t t h e decision should be exercised, n o t by the
Minister, b u t by a n i n d e p e n d e n t t r i b u n a l c o n t a i n i n g a r e p r e s e n t a t i v e of t h e p a r t i ­
cular p r o f e s s i o n concerned, w i t h a r i g h t of a p p e a l to t h e M i n i s t e r a g a i n s t t h e
t r i b u n a l ^ decision. T h e B i l l p r o v i d e s for s u c h a t r i b u n a l , composed of a l a w y e r ,
a layman a n d a m e m b e r of w h a t e v e r p r o f e s s i o n is concerned i n e a c h case.
(e) Finance.—The
n e w service will be financed j o i n t l y by t h e E x c h e q u e r a n d
the r a t e s a n d from c o n t r i b u t i o n s u n d e r the N a t i o n a l I n s u r a n c e Scheme.
The
Exchequer will bear :—
(i) t h e whole cost of t h e h o s p i t a l a n d s p e c i a l i s t services ( C l a u s e 5 2 ) ;
(ii) t h e whole cost of t h e ' ' f a m i l y p r a c t i t i o n e r ' ' services ( C l a u s e 5 2 ) ; a n d
. (iii) h a l f the cost (a w e i g h t e d 50 p e r cent, g r a n t ) of t h e local h e a l t h a u t h o r i t y
services.
Offset a g a i n s t t h e t o t a l cost w i l l be some £ 3 2 m i l l i o n in r e s p e c t of E n g l a n d
and W a l e s t r a n s f e r r e d to t h e E x c h e q u e r f r o m t h e N a t i o n a l I n s u r a n c e F u n d ,
together w i t h a n y income d e r i v e d f r o m t h e t r a n s f e r r e d assets of v o l u n t a r y
hospitals. T h e effect of (i) o n t h e block g r a n t p a y a b l e to local a u t h o r i t i e s is a t
present u n d e r c o n s i d e r a t i o n w i t h the T r e a s u r y , b u t does n o t affect t h e financial
provisions to be i n c l u d e d i n t h i s B i l l .
(f) Appointed
days.—-A g r e a t d e a l of p r e l i m i n a r y w o r k w i l l r e q u i r e t o be
done before t h e n e w service can be p r o v i d e d . I t will, however, be n e c e s s a r y t o
bring t h e service as a w h o l e i n t o o p e r a t i o n n o t l a t e r t h a n the full n a t i o n a l
i n s u r a n c e s y s t e m ; a n d , in a d d i t i o n , different p a r t s of t h e Bill w i l l n e e d to come
into o p e r a t i o n a t different t i m e s .
T h e necessary p o w e r for t h i s is given by
Clauses 70 and 7 1 , t h e different d a y s b e i n g a p p o i n t e d by O r d e r i n C o u n c i l .
A.
Ministry
of Health, S.W. 1,
1st March, 1946. B.
CONFIDENTIAL
N a t i o n a l H e a l t h S e r v i c e Bill
ARRANGEMENT
O F CLAUSES.
PART I .
CENTRAL ADMINISTRATION.
Clause.
i . DUTY OF MINISTER.
2 . Central Health SERVICES COUNCIL AND STANDING ADVISORY
COMMITTEES.
PART I I .
HOSPITAL AND SPECIALIST SERVICES.
3. Provision of hospital and specialist services.
4. Accommodation available on part payment.
5. Accommodation for private patients.
Transfer of hospitals to the Minister.
6. Transfer of hospitals t o the Minister.
7. Definition of " hospital" etc. for purposes of transfer.
8. Power to acquire hospital equipment.
Local administration of hospital and specialist services.
9. Regional Hospital Boards, Hospital Management Com­
mittees, and Boards of Governors of teaching hospitals.
1 0 . Functions of Regional Hospital Boards and Hospital
Management Committees.
11. Functions of Boards of Governors of teaching hospitals.
1 2 . Conditions of service and appointment of officers.
13. Provisions as t o medical schools in London.
Ancillary services provided by the Minister.
14. Research.
15. Bacteriological service.
16. Blood transfusion service.
PART I I I .
HEALTH SERVICES PROVIDED BY LOCAL HEALTH AUTHORITIES.
17.
18.
19.
20.
21.
2 2 .
Local health authorities.
Proposals for provision of services by local health authority.
Health Centres.
Care of mothers and young children.
Midwifery.
Health visiting.
12-5
A
Clause.
23.
24.
25.
26.
27.
28.
Home nursing.
Vaccination and immunisation,
Ambulance services.
Domestic help.
Care and after-care of sickness or injury.
Appointed day for the purposes of Part I I I .
PART
IV.
G E N E R A L MEDICAL AND D E N T A L SERVICES, PHARMACEUTICAL
S E R V I C E S AND SUPPLEMENTARY OPHTHALMIC SERVICES.
29.
30.
A dministration.
Executive Councils.
Local representative committees.
General Medical Services.
31. Arrangements for general medical services.
32. Distribution of medical practitioners providing services.
33. Prohibition of sale of medical practices.
34. Compensation for loss of right to sell a medical practice.
35. Provisions as to practitioners dying or retiring before
appointed day.
Pharmaceutical Services, General Dental Services and Supplementary Ophthalmic Services. 36. Arrangements for pharmaceutical services.
37. Provisions with respect to persons authorised to provide
pharmaceutical services.
38. Arrangements for general dental services.
39. Supplementary ophthalmic services.
General Provisions.
40. Disqualification of practitioners.
41. Powers of Minister where services are inadequate.
42. Recovery of charges in respect of certain appliances and
dental treatment.
43. Arrangements for use of health centres by practitioners.
44. Decision of disputes.
45. Provision of courses for medical and dental practitioners.
PART
V.
M E N T A L TREATMENT AND M E N T A L D E F I C I E N C Y .
46. Transfer to Minister of certain functions of Board of
Control.
47. Repeals and amendments of the Lunacy and Mental
Treatment Acts, and the Mental Deficiency Acts.
48. Proposals for the carrying out of duties b y local health
authorities under Mental Deficiency Acts.
49. D u t y of local health authority to convey persons of
unsound mind and mental defectives.
PART V I . GENERAL. Financial
Provisions.
Clause.
50. Expenses and receipts of the Minister.
51. Grants to local health authorities.
52. Payments to Regional Hospital Boards, Boards of Governors
and Executive Councils.
53. Accounts of councils of county boroughs.
A dministrative
provisions.
Default powers of Minister.
Purchase of land.
Interpretation of " provide ".
Qualifications, remunerations, conditions of service
superannuation of officers. Superannuation of officers. Transfer and compensation of officers. Consequential provisions on transfer of functions. Inquiries. Miscellaneous administrative matters. Regulations. Revocation and variation of orders. and
Consequential Repeal and Amendments of Enactments.
65. Repeal and amendment of the Public Health Act, 1936,
and the Public Health (London) Act, 1936.
66. Modification of Poor Law Act, 1930.
67. Repeal and amendment of other enactments.
68. Modification of certain provisions of Road Traffic Acts.
69. Orders for amendment or adaptation of local and private
Acts.
Supplementary
70.
71.
Provisions.
Interpretation.
Short title, commencement, and extent.
SCHEDULES:
First Schedule.—Central Council and Advisory Com­
mittees.
Second Schedule.—Acquisition of Hospital Property other
t h a n Land.
Third Schedule.—Regional Hospital Boards, Hospital
Management Committees and Boards of Governors of
Teaching Hospitals.
Fourth Schedule.—Provisions as to Local Health Authori­
ties.
Fifth Schedule.—Executive Councils.
Sixth Schedule.—Medical Practices Committee.
Seventh Schedule.—Constitution of Tribunal.
Eighth Schedule.—Enactment relating t o functions trans­
ferred from Board of Control to Minister.
Ninth Schedule.—Repeals and amendments relating to
persons of unsound mind and mental defectives.
Eleventh Schedule.—Repeals and Amendments.
D R A F T
OF A
TO
Provide for t h e e s t a b l i s h m e n t of a c o m p r e h e n s i v e h e a l t h
s e r v i c e for E n g l a n d a n d W a l e s .
A . D . 1946.
B
E it enacted b y the King's most Excellent Majesty, by and
with the advice and consent of t h e Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of t h e same, as follows :— PART I .
CENTRAL ADMINISTRATION.
1.—(1) I t shall be the d u t y of the Minister of H e a l t h (hereafter in this Act referred to as " the Minister " ) to promote
the establishment in E n g l a n d a n d W a l e s of a comprehensive
jo health service designed to secure i m p r o v e m e n t in the physical
and mental h e a l t h of the people of E n g l a n d a n d Wales a n d
the prevention, diagnosis a n d treatment of illness, a n d for
that purpose to p r o v i d e or secure the effective provision of
services in accordance with the following provisions of this
15 Act.
D u t y of
M i n i s t e r
­
(2) The services so p r o v i d e d shall b e free of charge, except where a n y provision of this Act expressly provides for the making and recovery of charges. 2.—(1) There shall be constituted in accordance with the C e n t r a l
W First Schedule to this Act a council, to b e called the H e a l t h
Services
I Central Health Services Council a n d hereafter in this Council
and
I Act referred to a s " t h e Central Council " , a n d it shall S t a n d i n g
1 be the d u t y of the Central Council to advise the Minister A d v i s o r y
$ upon such general m a t t e r s relating to the services provided C o m m i t t e e s .
w under this Act as t h e y think fit a n d upon a n y questions
I referred to t h e m b y him relating to those services.
A . D . 1946.
'
Part I.
(2) The Minister m a y , after consultation with the Central
Council, b y order v a r y the constitution of that Council.
J
J
(3) The Minister m a y , after consultation with the Central
Council, b y order constitute s t a n d i n g advisory com­
mittees for tine purpose of advising hirn a n d tire Central 5
Council on such of the services p r o v i d e d under this Act as
m a y be specified in the order, anci a n y committee constituted
under this subsection shall consist p a r t l y of members of the
Central Council appointed b y the Minister after consultation
with that Council as being persons of experience in those 10
services a n d p a r t l y of persons, w h e t h e r members of the
Central Council or not, appointed b y the Minister after con­
sultation with such representative organisations as the Minister
m a y recognise for the purpose.
!
(4) The Central Council shall m a k e a n a n n u a l report to the 5
Minister on their proceedings a n d on the proceedings of any
standing a d v i s o r y committee constituted u n d e r this section,
and t h e Minister shall lay t h a t report before P a r l i a m e n t with
such c o m m e n t s (if a n y ) a s h e thinks fit:
P r o v i d e d t h a t , if the Minister is satisfied that it would be 20
contrary t o t h e public interest to lay a n y such report, or a
part of a n y such report, before P a r l i a m e n t , he m a y refrain
fom laying t h a t report or p a r t .
(5) The s u p p l e m e n t a r y provisions contained in the First
Schedule to this Act shall h a v e effect in relation to the Central 25
Council a n d a n y standing advisory committee constituted
under this section.
PART I I .
H O S P I T A L AND S P E C I A L I S T
P r o v i s i o n of
hospital and
specialist
services.
SERVICES.
0
3.—(1) As from the appointed d a y , it shall be the duty of 3
the Minister to provide t h r o u g h o u t E n g l a n d and Wales, to
such extent as he considers necessary to meet all reasonable
requirements, accommodation and services of the following
descriptions, t h a t is to s a y : —
(a) hospital a c c o m m o d a t i o n ;
(b) medical, nursing, p h a r m a c e u t i c a l a n d other services
required at or for the purposes of hospitals;
35
(c) the services of specialists, whether at a hospital, a
health centre p r o v i d e d u n d e r P a r t I I of this Act or
a clinic or, if necessary on medical g r o u n d s , a t the
home of the patient;
A.D 1946.
1
^
'
F
o
n
i
5 and a n y a c c o m m o d a t i o n a n d services p r o v i d e d u n d e r this section are i n this Act referred to as " hospital a n d specialist services " . (2) Regulations m a y provide for the recovery b y the Minister of such charges as m a y b e prescribed— 10
(a) in respect of the supply, as p a r t of the hospital a n d
specialist services, of a n y medical appliance which
is, a t the request of the person supplied, of a quality
superior to the prescribed s t a n d a r d ; or
(6) in respect of the replacement or repair of a n y such
15
appliance, if that r e p l a c e m e n t or repair is necessi­
tated b y lack of care on the p a r t of the person
supplied.
( 3 ) Regulations m a y provide for the p a y m e n t , b y the Minister in such cases as m a y be prescribed, of travelling expanses (including the travelling expenses of a companion)
incurred by p e r s o n s for the p u r p o s e of availing themselves of
hospital a n d specialist services.
2 0
4. Where there is provided, in a n y hospital, as p a r t of A c c o m m o d a
the hospital a n d specialist services, a c c o m m o d a t i o n in single ^ 3
5 bedrooms or small w a r d s , the Minister m a y m a k e a n y such p a y m e n t ,
accommodation, which is not for t h e time being r e q u i r e d b y
any patient on medical g r o u n d s , available for patients who
do not require such accommodation o n medical grounds b u t
who u n d e r t a k e , or in respect of w h o m a n u n d e r t a k i n g is
3 given, to p a y for the a c c o m m o d a t i o n such charges, designed
to cover p a r t of t h e cost thereof, as m a y b e prescribed, a n d
the Minister m a y recover those charges.
e
2
0
5,—(1) If the Minister, h a v i n g r e g a r d to his d u t y to provide A c c o m m o d a ­
hospital a n d specialists services, is satisfied t h a t it is reason- ? *?
35 able so to d o , he m a y allow specialists serving on the staff p a t i e n t s ,
of any hospital vested in him to m a k e a r r a n g e m e n t s for the
treatment of their private patients at the hospital, a n d m a y
sec aside special accommodation in the hospital for such
patients who u n d e r t a k e , or in respect of w h o m u n d e r t a k i n g
is given, to p a y for the a c c o m m o d a t i o n such charges as m a y
be prescribed, a n d m a y recover those c h a r g e s :
Provided t h a t nothing in this section shall prevent accom­
modation so set aside from being m a d e available for a n y patient who urgently requires t h a t a c c o m m o d a t i o n on medical 45 grounds a n d for whom suitable a c c o m m o d a t i o n is n o t other­
wise available.
t i c
n
r
A . D . 1946.
P a r t
-*
1 ­
(2) T h e charges prescribed u n d e r the last foregoing sub­
section shall b e charges designed to cover the whole cost of
providing the accommodation a n d services for the patient
except his treatment b y the specialist, including a n appro­
priate a m o u n t in respect of overhead expenses.
(3) Regulations m a y prescribe the m a x i m u m fees to be
recovered b y specialists in respect of the t r e a t m e n t of their
private patients u n d e r this section.
Transfer
T r a n s f e r of
hospitals t o
t h e Minister,
o
of hospitals
to the
Minister.
6 . — ( 1 ) Subject to the provisions of this section, there shall 10
^ appointed d a y , be transferred to a n d vest in the Minister
virtue of this Act every hospital which immediately
before the appointed d a y was not carried on for profit and
was not vested in a local or public a u t h o r i t y , including all
p r o p e r t y , rights a n d liabilities held b y the governing b o d y of 15
the hospital, or to which t h a t b o d y w a s subject, immediately
before the appointed d a y , being p r o p e r t y , rights a n d liabilities
held or incurred solely for the purposes of the h o s p i t a l :
n
ae
Provided that—
(a) this subsection shall not be t a k e n as applying to any 20
p r o p e r t y , rights or liabilities held or i n c u r r e d solely
for the purposes of a medical or dental school assc­
ciated with the hospital;
(6) if the hospital h a s been designated b y the Minister
u n d e r this P a r t of this Act as a teaching hospital or 2]
is one of a g r o u p of hospitals so designated, this
subsection shall a p p l y only to premises used for the
purposes of the hospital, a n d furniture, equipment
a n d other m o v a b l e p r o p e r t y used in or in connection
with those premises, a n d rights a n d liabilities relating j
to those premises a n d that p r o p e r t y .
(2) Subject to the provisions of this section there shall also,
on the appointed d a y , be transferred to a n d vest in the Minister
b y virtue of this Act every hospital vested in a local authority
immediately before the appointed d a y , including all pro-3!
perty, rights a n d liabilities held b y the local authority, or to
which t h a t authority w a s subject, immediately before the
appointed day, being p r o p e r t y , rights a n d liabilities held or
incurred solely for the purposes of the hospital.
( 3 ) If it a p p e a r s to the Minister t h a t the transfer to him 4
of a n y such hospital as aforesaid will n o t be necessary for the
purpose of providing hospital a n d specialist services, he may,
at a n y time before the appointed d a y , serve a notice to that
effect on the governing b o d y of the hospital or, as the case
may be, on t h e local authority in w h o m the hospital is
vested, and t h e r e u p o n the foregoing provisions of this section
shall not a p p l y to t h a t h o s p i t a l :
Provided t h a t if the governing b o d y or local authority,
5 within such period (not being less t h a n twenty-eight d a y s
from the service of the notice) as m a y be specified in the
notice, serve a notice o n the Minister stating t h a t they wish
the hospital to be transferred to the Minister, the foregoing
provisions of this section shall a p p l y to the hospital.
io
l
(4) Any such p r o p e r t y , rights a n d liabilities as a r e referred
to in proviso (a) to subsection (1) of this section shall, on the
appointed d a y , be transferred b y virtue of this Act—
(a) in the case of a general medical school of the
University of L o n d o n or a n y school in t h e faculty
5
of medicine of t h a t University w h i c h is recognised
for dentistry only, to the governing b o d y of t h a t
school; a n d
(6) in a n y other case, to the governing b o d y of the
university of which the school is a p a r t ;
and shall vest in t h e said governing b o d y b y virtue of this
Act.
2 0
2
(5) On the appointed d a y a n y such p r o p e r t y , rights a n d
liabilities as, b y virtue of proviso (6) to subsection (1) of this
section, are n o t transferred to the Minister shall b y virtue of
5 this Act be transferred to a n d vest in the B o a r d of Governors
constituted u n d e r the following provisions of this P a r t of this
Act for the hospital concerned.
(6) Any dispute arising u n d e r the foregoing provisions of
this section as to w h e t h e r a n y p r o p e r t y , rights or liabilities
30 will be or h a v e been transferred or as to t h e a u t h o r i t y to w h o m
they will be or h a v e b e e n transferred shall be determined
by arbitration.
( 7 ) Regulations m a y p r o v i d e for t h e a p p o r t i o n m e n t of
property, rights a n d liabilities held or i n c u r r e d partly for
35 the purposes of a hospital which h a s been or will be t r a n s ­
ferred under this section a n d partly for other p u r p o s e s (includ­
ing the purposes of a medical or dental school associated with
the hospital), a n d of p r o p e r t y held on trust w h e r e the bene­
ficial interest of the hospital is a limited interest, or for t h e
4 disposal of a n y such p r o p e r t y a n d for the a p p o r t i o n m e n t of
the proceeds, a n d for the transfer to the Minister or a n y such
Board of Governors as aforesaid a n d the other parties con­
cerned, of t h e a p p r o p r i a t e shares of a n y such p r o p e r t y (or
the proceeds thereof), rights or liabilities; a n d for the deter­
j45 mination b y arbitration, in default of a g r e e m e n t , of a n y
question arising with respect to the m a t t e r s aforesaid.
12
B
0
A.D.
1946.
PART
II.
—cont.
AJD. 1946.
PART I I .
-
c
o
n
L
(8) All property transferred to the Minister u n d e r this section
shall vest in h i m free of any trust existing immediately before
^he transfer took effect, and the Minister m a y , notwithstanding
a n y provision in a n y local or private Act of P a r l i a m e n t or
charter defining or limiting t h e objects of a n y hospital trans­ 5
ferred to him b y virtue of this Act, u s e a n y such p r o p e r t y for
the purpose of a n y of his functions u n d e r this Act, a n d may
dispose of t h a t p r o p e r t y :
Provided t h a t the Minister shall so far as practicable secure
that the objects for which any such p r o p e r t y was used imme­ 10
diately before the transfer took effect are n o t prejudiced by
the provisions of this section.
(9) All property transferred u n d e r this section to the Board
of Governors of a n y hospital o r group of hospitals designated
a s a teaching hospital shall vest in the B o a r d free of any 15
trust existing immediately before the transfer took effect, and
shall be held b y the Board o n trust for t h e p u r p o s e s of the
hospital generally, a n d the B o a r d m a y use that property in
a n y m a n n e r which the B o a r d considers expedient for the
purpose of a n y of their functions u n d e r this P a r t of this Act, 20
notwithstanding a n y provision in a n y local or private Act of
P a r l i a m e n t or charter defining or limiting the objects of the
hospital concerned or the objects for which the p r o p e r t y may
b e used; or m a y dispose of the p r o p e r t y a n d hold the proceeds
on trust for the purposes of t h e hospital generally a n d may 25
notwithstanding any such provision a s aforesaid, use those
proceeds in a n y such m a n n e r as aforesaid, b u t the Board
shall h a v e r e g a r d so far as practicable to the m a n n e r in which
a n d the objects for which any such p r o p e r t y was used imme­
30
diately before the appointed d a y .
(10) Regulations m a y make such provision supplementary
to or consequential on the foregoing provisions of this section
as a p p e a r s to the Minister to b e necessary or expedient and
in particular, b u t without prejudice to the generality of this
subsection, regulations m a y p r o v i d e —
35
(a) for the severance of leases a n d the a p p o r t i o n m e n t of
rent p a y a b l e in respect thereof;
(b) for the apportionment of a n y periodical sums payable
in respect of any transferred rights or liabilities;
(c) for the a m e n d m e n t of contracts a n d other documents 40
relating to a n y transferred property, rights or
liabilities;
(d) for enabling pending proceedings relating to a n y trans­
ferred property, rights or liabilities to be carried on;
and
45
(e)' for the determination of disputes arising a s to a n y of
the matters aforesaid.
7.—(i) F o r the purposes of the last foregoing section the A . D . 1946.
expression " hospital " includes, in addition to the premises
—­
specified in section seventy of this Act, a n y clinic, dispensary
^Jf'
or out-patient d e p a r t m e n t n o t m a i n t a i n e d in connection with D e n m t i o n " o f
5 such premises as aforesaid at which t r e a t m e n t b y or u n d e r - h o s p i t a l "
the direction of medical or dental practitioners is p r o v i d e d etc. for
not b e i n g "
p u r p o s e s of
transfer.
10
15
(a) a clinic or out-patient d e p a r t m e n t maintained b y a
local education authority or maintained b y a n y other
local authority for the care of expectant a n d n u r s i n g
mothers a n d y o u n g children; or (6) a clinic, out-patient d e p a r t m e n t or dispensary where
medical advice or t r e a t m e n t is ordinarily given b y
general medical practitioners a n d not b y specialists:
Provided t h a t the said expression shall not include a n y
premises forming p a r t of o r ancillary to a n y institution or
undertaking of which the m a i n p u r p o s e is not therapeutic.
(2) W h e r e a n y p a r t of a hospital not carried o n for profit
is used for providing accommodation for p a y i n g patients a n d
20 a profit is t h e r e b y earned which is available for the benefit of
the hospital, the said p a r t shall n o t be deemed for t h e purposes
of the last foregoing section to b e carried on for profit.
(3) Where a n y p r o p e r t y or right w a s , at a n y time between
the
d a y of M a r c h , nineteen h u n d r e d a n d forty­
25 six, and the appointed d a y , held or used b y such a person
and for such a purpose as would result, b u t for a n y t h i n g done
after the said d a t e , in the transfer of the p r o p e r t y or right to
the Minister u n d e r the last foregoing section, and. t h a t p r o ­
perty or right ceases to- b e so held or used before the appointed
3 day, it shall nevertheless b e treated for the purpose of t h a t
section as if it h a d continued to be so held or used until the
appointed d a y , unless it is p r o v e d b y t h e person whose interest
in that property or right would b e transferred to t h e Minister
under that section, that t h e fact t h a t it was no so held or
35 used immediately before the a p p o i n t e d d a y w a s d u e to some­
thing done or occurring in the o r d i n a r y course of business,
and was in no w a y connected with the provisions of the last
foregoing section.
0
8.—(1) W h e r e , in the exercise of powers conferred on him
40 by Part V I of this Act, the Minister acquires a n y hospital
(within the m e a n i n g of t h e last foregoing section), w h e t h e r
or not carried on for profit, he m a y also acquire, either b y
agreement or compulsorily in accordance with the provisions
12
B a
P
o
w
erto
hospital
equipment,
A.D. 1946.
T
^g
nt
'
of the Second Schedule to this Act a n y furniture, equipment or
other m o v a b l e p r o p e r t y used i n or in connection with the
hospital premises, and the provisions of the said Schedule
relating to compensation a n d certain o t h e r m a t t e r s shall apply.
(2) A n y dispute arising as to w h e t h e r the Minister is entitled 5
to acquire p r o p e r t y u n d e r the last foregoing subsection shall,
in default of agreement, be determined b y arbitration.
Local
Regional
Hospital
Boards,
Hospital
Management
Committees,
a n d B o a r d s of
Governors
of t e a c h i n g
hospitals.
administration
of hospital
and specialist
services.
9 . — ( 1 ) T h e Minister shall b y order constitute, in accord­
ance with P a r t I of the T h i r d Schedule to this Act, boards,
to b e called Regional Hospital B o a r d s , for s u c h areas as he
m a y determine, for the p u r p o s e of exercising functions in
relation to the administration of hospital a n d specialist
services in their a r e a ; a n d the Minister shall secure, so far as
practicable, that each a r e a is such t h a t the provision of the 15
said services in the area c a n conveniently be associated with
a university h a v i n g a school of medicine.
I 0
(2) E v e r y Regional Hospital B o a r d shall, within such
period as t h e Minister m a y b y direction specify, submit to the
Minister a scheme for the a p p o i n t m e n t b y t h e m of committees, 20
to b e called Hospital M a n a g e m e n t Committees, for t h e pur­
pose of exercising functions in relation to t h e administration
of individual hospitals or groups of hospitals, other t h a n teach­
ing hospitals, in the area of the B o a r d .
2
( 3 ) T h e Minister m a y a p p r o v e , with or without modifica- 5
tions, which m a y include additions or exceptions, a n y scheme
submitted to h i m b y a Regional Hospital B o a r d u n d e r the
last foregoing subsection, a n d it shall b e the d u t y of t h e Board
to give effect to the scheme as a p p r o v e d b y t h e Minister.
(4) A Regional Hospital B o a r d m a y at a n y time, a n d if 30
directed b y the Minister shall within such period as m a y be
specified in the direction, s u b m i t a n e w scheme providing for
the modification of the scheme in force u n d e r this section, and
the last foregoing subsection shall a p p l y to a n y such new
scheme.
35
(5) A Hospital M a n a g e m e n t Committee shall be constituted
in accordance with P a r t I I of the T h i r d Schedule to this Act.
(6) If a Regional Hospital B o a r d fail to s u b m i t a n y scheme
which t h e y are required to submit within a period specified
by direction of the "Minister, the Minister m a y himself p r e p a r e ^
a s c h e m e a n d it shall h a v e effect as if it h a d been submitted
a n d a p p r o v e d u n d e r t h e foregoing provisions of this section.
(7) The Minister m a y , after consultation with the university concerned, designate a s a teaching hospital a n y hospital
or group of hospitals which a p p e a r to him to provide for a n y
university facilities for u n d e r g r a d u a t e or p o s t - g r a d u a t e
5 clinical teaching, a n d the Minister shall, in the case of a n y
hospital or g r o u p so designated, b y order constitute, in
accordance with P a r t I I I of the Third" Schedule to this Act, a
Board of Governors for the p u r p o s e of exercising functions
in relation to the administration of t h a t hospital or g r o u p . 1 (8) Where the Minister designates a hospital or g r o u p of
hospitals as a teaching hospital after the a p p o i n t e d d a y , the
order constituting the B o a r d of Governors for t h a t hospital
or group m a y m a k e provision for the transfer to the B o a r d of
such p r o p e r t y , rights a n d liabilities held or incurred for the
I15 purposes of the hospital or, as the case m a y b e , of a n y
hospital in the g r o u p a s m a y be specified in the order, a n d for
any supplementary or consequential m a t t e r s for which it
appears to the Minister to b e necessary or expedient to p r o ­
vide, including a n y of the m a t t e r s for which regulations m a d e
0 under subsection (10) of section six of this Act m a y p r o v i d e .
A
D
.
i g 4
g.
PART
II. -cont.
(9) The s u p p l e m e n t a r y provisions contained in P a r t IV of the Third Schedule to this Act shall h a v e effect in relation to the various bodies constituted u n d e r this section. 10.—(1) Subject to the exercise of functions b y Hospital F u n c t i o n s of
5 Management Committees in accordance with the n e x t follow- R e g i o n a l
ing subsection, it shall be the d u t y of a Regional H o s p i t a l B o a r d s a n d
Board, in accordance with regulations a n d s u c h directions as H o s p i t a l
may be given b y the Minister, generally to administer on M a n a g e m e n t
behalf of the Minister the hospital a n d specialist services C o m m i t t e e s .
30 provided in their area, a n d in p a r t i c u l a r ­
(a) to a p p o i n t officers required to b e e m p l o y e d at or
for the purposes of a n y hospital other t h a n a
teaching hospital;
(6) to maintain a n y premises forming p a r t of or u s e d in
15
connection with a n y such hospital;
(c) to acquire on behalf of the Minister a n d to m a i n t a i n
stores, equipment a n d m o v a b l e p r o p e r t y required
for the purposes of a n y such h o s p i t a l ;
(d) to recover on behalf of the Minister a n y charges
recoverable b y h i m in respect of services p r o v i d e d at
or in connection with a n y such hospital;
( 2 ) The Hospital M a n a g e m e n t Committee of a n y hospital or group of hospitals shall exercise on behalf of the Minister, subject to a n d in accordance with regulations a n d a n y direc­
15 tions of the Minister or the Regional Hospital B o a r d , such
functions relating to the control a n d m a n a g e m e n t of t h a t hos­
pital or group of hospitals as m a y b e prescribed.
PART II.
—cont. F u n c t i o n s of
B o a r d s of
Governors
of t e a c h i n g
hospitals.
1 1 . I t shall be the d u t y of the B o a r d of Governors of every
teaching hospital, in a c c o r d a n c e with regulations a n d such
directions a s m a y be given b y the Minister, generally to
m a n a g e a n d control the hospital on behalf of the Minister,
a n d in p a r t i c u l a r —
5
(a) to a p p o i n t officers required to be e m p l o y e d at or
for the purposes of the h o s p i t a l ;
(o) to m a i n t a i n a n y premises forming p a r t of or used in
connection with the hospital;
(c) to acquire on behalf of the Minister a n d to maintain io
stores, e q u i p m e n t a n d o t h e r m o v a b l e property
r e q u i r e d for the purposes of t h e hospital.
C o n d i t i o n s of
service a n d
appointment
of officers.
12.—(i) All. officers e m p l o y e d for the purposes of any
hospital vested in the Minister other t h a n a teaching hospital
shall be officers of the Regional Hospital B o a r d for the area 15
in which the hospital is situated, a n d all officers employed for
the purposes of a teaching hospital shall be officers of the
B o a r d of G o v e r n o r s of t h a t hospital, a n d t h e remuneration
a n d conditions of service of all such officers shall, subject to
regulations, be determined b y t h e Regional Hospital B o a r d or 20
the B o a r d of Governors, as the case m a y b e .
(2) Regulations m a y m a k e provision with respect to the
a p p o i n t m e n t of such classes of the medical officers employed
on the staff of a n y such hospitals as aforesaid as
m a y be specified in the regulations, a n d such regulations shall, 25
without prejudice to the generality of t h e foregoing provision,
provide—
(a) for the advertisement b y the Regional H o s p i t a l Board
or B o a r d of G o v e r n o r s , a s the case m a y b e , of an)'
v a c a n c y in a n y office so specified;
30
(6) for the constitution b y the Regional Hospital Board
or B o a r d of G o v e r n o r s , as t h e case m a y b e on the
occasion of each s u c h v a c a n c y , of a n advisory
a p p o i n t m e n t s committee consisting—
(i) in the case of a hospital other t h a n a teaching 35
hospital, of persons n o m i n a t e d b y the Regional
Hospital B o a r d a n d the Hospital Management
Committee of the hospital affected, respectively;
(ii) in the case of a teaching hospital, of persons
n o m i n a t e d b y t h e B o a r d of Governors and 4
the university with which t h e hospital is associated,
respectively ;
0
(c) for the selection b y the appointments committee from
the. applicants of the persons considered b y them to
b e suitable for the a p p o i n t m e n t , a n d for the making 45
of the a p p o i n t m e n t , from the persons so selected,
by the Regional Hospital B o a r d or B o a r d of
PART I I .
Governors, as the case m a y b e ;
—cont.
(d) for the p a y m e n t b y the Regional Hospital B o a r d or B o a r d of Governors, as the case m a y b e , of the reasonable expenses of a n y appointments committee constituted as aforesaid. 13.—(i) If a n y general medical school of the University of P r o v i s i o n s
London or a n y school in the faculty of medicine of that uni- to m e d i c a l
versity which is recognised for dentistry only is n o t incor- London
porated a t the passing of this Act, the governing b o d y of the
school shall, within a period of six m o n t h s from the passing
of this Act, p r e p a r e a n d s u b m i t to the governing b o d y of the
said University a scheme, to t a k e effect on the appointed d a y ,
for constituting a n e w governing b o d y of the school a n d con­
ferring powers a n d imposing duties on that b o d y a n d for the
future m a n a g e m e n t a n d control of the school, a n d a n y such
scheme shall m a k e provision for including a m o n g t h e m e m ­
bers of the new governing b o d y persons representing the
University, the teaching staff of the school, a n d t h e B o a r d
of Governors of the teaching hospital with which the school
is associated, respectively.
111
(2) A n y such scheme shall, on its being a p p r o v e d b y the
governing b o d y of the University of L o n d o n , h a v e effect, not­
withstanding a n y t h i n g in a n y Act of P a r l i a m e n t , charter, or
other document affecting the constitution of the school, a n d
the new governing b o d y shall t a k e office on the appointed d a y .
(3) Any such scheme m a y b e a m e n d e d b y a n e w scheme
prepared b y the governing b o d y of a n y such school a n d s u b ­
mitted to a n d a p p r o v e d b y the governing b o d y of the Uni­
versity of L o n d o n , a n d a n y such a m e n d i n g scheme shall h a v e
the like effect a s the original scheme.
(4) Notwithstanding a n y t h i n g in a n y Act of P a r l i a m e n t ,
charter or other d o c u m e n t affecting their constitution, it shall
be lawful for the governing b o d y of Saint B a r t h o l o m e w ^
Hospital Medical College to a d m i t w o m e n medical students
to that college, a n d for the L o n d o n School of Medicine for
Women to admit m e n students t o that school.
Ancillary
services
provided
by the
Minister.
H — ( 1 ) Without prejudice to the general powers a n d duties
conferred or imposed on the Minister u n d e r the Ministry of
Health Act, 1919, the Minister m a y conduct, or assist b y
grants or otherwise a n y person to conduct, research into a n y
matters relating to the prevention, diagnosis or treatment of
illness or mental defectiveness.
Research,
a3
PART I I .
—cont.
(2) T h e B o a r d of Governors of a teaching hospital shall
h a v e power to conduct research into a n y of t h e matters aforesaid.
15. T h e Minister
Bacteriological
service.
which m a y include
m a y p r o v i d e a bacteriological service,
t h e provision of laboratories, for the
control of the s p r e a d of infectious diseases, a n d t h e Minister
m a y allow persons to m a k e use of services p r o v i d e d at such
laboratories on s u c h t e r m s as the Minister t h i n k s fit.
Bloodservice.
trans-1 6 . T h e Minister m a y m a k e a r r a n g e m e n t s —
fusion
(a) for obtaining a s u p p l y of h u m a n b l o o d ;
­
(6) for m a k i n g t h a t s u p p l y available for the purpose of
c a r r y i n g o u t b l o o d transfusions; a n d
(c) for p r e p a r i n g a n d supplying for therapeutic purposes
p r o d u c t s m a d e from h u m a n blood.
P a r t III.
H E A L T H S E R V I C E S P R O V I D E D BY L O C A L H E A L T H
AUTHORITIES.
Local health
authorities.
1 7 . — ( 1 ) Subject to t h e provisions of this section, th
authority for the p u r p o s e s of this P a r t of this Act, w
be called the '' local health a u t h o r i t y ' ' , shall for each county
b e t h e council of t h e c o u n t y a n d for each c o u n t y borough be
the council of the c o u n t y b o r o u g h .
(2) W h e r e it a p p e a r s to the Minister t o b e expedient in the
interests of the efficiency of the services p r o v i d e d under this 25J
P a r t of this Act t h a t a joint b o a r d should b e established for
the areas of two o r m o r e local health authorities for the pur­
pose of performing all or a n y of t h e functions of those
authorities, the Minister m a y b y o r d e r constitute a joint
b o a r d consisting of m e m b e r s appointed b y those authorities 30J
a n d p r o v i d e for the exercise b y the b o a r d , in lieu of the
authorities, of s u c h of the said functions as m a y b e specified
in the order, a n d for the application, with such adaptations
as m a y b e so specified, of a n y enactments relating to those
functions.
351
P r o v i d e d that t h e Minister shall not m a k e such an order
except after a local i n q u i r y , unless all the authorities for the
a r e a s concerned h a v e consented to the m a k i n g of the order.
(3) T h e provisions of P a r t I of the F o u r t h Schedule to this
Act shall apply t o joint b o a r d s constituted u n d e r this section, ij
a n d to orders constituting such joint b o a r d s .
(4) T h e provisions of P a r t I I of the F o u r t h Schedule to this
Act shall h a v e effect with respect to health committees of local
health authorities other t h a n joint b o a r d s .
5
18.—(i) E v e r y local health authority shall, within such
period as the Minister m a y b y direction specify, submit to t h e
Minister proposals for c a r r y i n g out their duties u n d e r the n e x t
following seven sections of this Act.
A . D . 1946.
—r
**£
'
P r o p o s a l s for
The Minister m a y specify different periods u n d e r this section
for proposals relating to duties u n d e r different sections.
^ v i c e ^ by*
local health
authority.
(2) Not later t h a n the d a y on which the proposals are s u b ­
mitted to the Minister, the local health a u t h o r i t y shall serve a
copy thereof—
10
(a) on every voluntary organisation which to the k n o w ­
ledge of the local health a u t h o r i t y provides in t h e
area of the authority services of t h e kind dealt with
in the proposals, a n d (6) on the E x e c u t i v e Council, as constituted u n d e r P a r t
15
I V of this Act, a n d the R e g i o n a l Hospital B o a r d
for the area which consists of or comprises the a r e a
of the local health a u t h o r i t y ; and a n y such v o l u n t a r y organisation or the E x e c u t i v e Council
or the Regional Hospital B o a r d m a y within two m o n t h s of
20 the service on t h e m of a c o p y of the proposals m a k e recom­
mendations to t h e Minister for modifying t h e proposals.
(3) The Minister m a y a p p r o v e the proposals with or with­
out modifications (which m a y include additions a n d excep­
tions), a n d it shall be t h e d u t y of the local health authority
25 to c a n y out their duties u n d e r the n e x t following seven
sections of this Act in a c c o r d a n c e with the. proposals submitted
and a p p r o v e d for their area u n d e r this section, subject to a n y
modifications m a d e b y s u b s e q u e n t proposals so submitted a n d
approved.
30 (4) A local health a u t h o r i t y m a y at a n y time, a n d
if directed b y the Minister shall within the period specified in
the direction, s u b m i t n e w proposals p r o v i d i n g for t h e modifi­
cation of the existing proposals, a n d the last two foregoing
subsections shall a p p l y to a n y such n e w proposals.
35
(5) If a n y local health authority fail to s u b m i t any p r o ­
posals which they are r e q u i r e d to s u b m i t within a period
specified b y direction of the Minister, t h e Minister m a y himself
prepare proposals, a n d shall serve a copy thereof on t h e
bodies mentioned in subsection (2) of this section a n d give a n
40 opportunity to those bodies to m a k e recommendations t o
him for modifying the proposals, a n d m a y thereupon b y
order direct t h a t the proposals shall h a v e effect, with o r
without modifications (which m a y include additions a n d
exceptions), a n d they shall h a v e effect as if they h a d b e e n
45 submitted a n d a p p r o v e d u n d e r the foregoing provisions of
this section.
12
C
onti
PART I I I .
—cont.
Health
Centres.
19.—(x) I t shall be the d u t y of every local health authority,
to provide a n d maintain to the satisfaction of the Minister
premises, which shall b e called " health centres " , at
which facilities shall be available for all or a n y of the following
purposes: —
5
(a) for the provision of general medical services under
P a r t I V of this Act b y medical practitioners;
(&) for the provision of general dental services under
P a r t I V of this Act b y dental practitioners;
(c) for the provision of p h a r m a c e u t i c a l services under 10
P a r t I V of this Act b y registered p h a r m a c i s t s ;
id) for t h e provision or organisation of a n y of t h e ser­
vices w h i c h the local health authority are required
or empowered to p r o v i d e u n d e r this P a r t of this
A c t ; or
15
(e) for the exercise of the powers conferred on the local
health authority b y section one h u n d r e d a n d seventy­
nine of the Public H e a l t h Act, 1 9 3 6 , or section two
h u n d r e d and ninety-eight of the P u b l i c Health
(London) Act, 1 9 3 6 , for t h e publication of informa- 20
tion on questions relating to health or disease, and
lor the delivery of lectures a n d the display of pictures
or cinematograph films in which such questions are
dealt with.
. ( 2 ) A local health authority shall to the satisfaction of the 25
Minister, p r o v i d e staff for a n y health centre p r o v i d e d by
them :
P r o v i d e d t h a t a local health a u t h o r i t y shall not employ
medical or dental practitioners at health centres for the pur­
p o s e of p r o v i d i n g general medical services or general dental 30
services u n d e r P a r t I V of this Act.
( 3 ) A local health authority m a y p r o v i d e residential accom­
modation at a health centre for officers employed o n the
staff of t h a t centre.
C a r e of
mothers and
young
children.
2 0 . — ( 1 ) I t shall be the d u t y of every local health authority 35
to m a k e arrangements for the care, including in particular
dental c a r e , of expectant a n d n u r s i n g mothers a n d of children
w h o h a v e n o t attained t h e age of five years a n d "are not
attending p r i m a r y schools m a i n t a i n e d b y a local education
authority.
40
(2) T h e local health a u t h o r i t y m a y , with the a p p r o v a l of
the Minister, recover from persons availing themselves of
the services p r o v i d e d u n d e r this section such charges (if any)
in respect of a n y food p r o v i d e d as the authority considers
reasonable, h a v i n g regard to the m e a n s of those persons.
45
(3) The local health authority shall be the welfare authority for the purposes of P a r t V I I of the Public Health Act, 1936, and the local authority for the p u r p o s e s of P a r t X I I I of the
Public Health (London) Act, 1936.
5
PART
III.
—coni.
(4) Regulations m a y p r o v i d e , in the case of a r e a s w h e r e ,
under P a r t I I I of the F i r s t Schedule to the E d u c a t i o n Act,
1944, schemes of divisional administration relating to the func­
tions of local education authorities with respect to school
health services are in force, for the m a k i n g , variation a n d
ro revocation of corresponding schemes of divisional a d m i n i s t r a ­
tion relating to the functions of local health authorities u n d e r
subsection (1) of this section w i t h respect to the care of
children who h a v e not attained t h e age of five y e a r s a n d a r e
net attending p r i m a r y schools m a i n t a i n e d b y a local education
15 authority, a n d the functions of such authorities u n d e r s u b ­
section (3) of this section.
21.—(1) T h e local health a u t h o r i t y shall b e the local supervising authority for the p u r p o s e s of the Midwives A c t s , 1902
to 1936, a n d accordingly in section eight of the Midwives Act,
20 1902, for the w o r d s " council of a county or county b o r o u g h "
there shall be substituted the w o r d s " local health authority " .
Midwifery,
(2) I t shall be the duty of e v e r y local health authority to
secure, whether b y m a k i n g a r r a n g e m e n t s with v o l u n t a r y
organisations for the e m p l o y m e n t b y those organisations of
25 certified midwives or b y themselves employing such m i d w i v e s ,
that the n u m b e r of certified midwives so employed w h o a r e
available in the authority's area for a t t e n d a n c e on w o m e n in
their homes as midwives, or as m a t e r n i t y nurses during child­
birth a n d from time to time thereafter d u r i n g a period n o t
30 less than the lying-in period, is a d e q u a t e for the needs of t h e
area.
In this subsection the expression " lying-in period " m e a n s
the period defined as the lying-in period b y a n y rule for t h e
tim. being in force u n d e r section three of the Midwives A c t ,
35
I 9 0 2
(3) Subsection (1) of section nine of the Midwives Act, 1936
(which enables the Minister to prescribe conditions subject
to which fees are to b e p a y a b l e b y the local health a u t h o r i t y
to medical practitioners called i n b y midwives) shall h a v e
40 effect as if at the end of the subsection there were a d d e d the
words " including conditions as t o the qualifications of s u c h
medical practitioners " .
22. It shall be the d u t y of e v e r y local health a u t h o r i t y
to make provision in their a r e a , w h e t h e r b y m a k i n g a r r a n g e 45 ments with v o l u n t a r y organisations for t h e e m p l o y m e n t b y
those organisations of health visitors or b y themselves employ­
12
C 2 Health
vis-ting.
PART I I I .
—cont.
ing health visitors, for the visiting of persons in their homes
for the purpose of giving advice as to t h e n u r t u r e , care and
m a n a g e m e n t of y o u n g children, as to the health a n d care of
persons suffering from illness or mental defectiveness a n d of
expectant or n u r s i n g mothers a n d as to t h e measures neces- 5
s a r y to p r e v e n t the spread of infection.
H o m e nursing.
2 3 . I t shall be the d u t y of every local health authority to
m a k e provision in their area, w h e t h e r b y m a k i n g arrange­
ments with v o l u n t a r y organisations for t h e e m p l o y m e n t by
those organisations of nurses o r b y themselves employing 10
nurses, for securing the attendance of nurses on persons who
require nursing in their own homes.
Vaccination
and imniuni­
24.—(1) E v e r y local health a u t h o r i t y shall m a k e arrange­
ments with medical practitioners for the vaccination of persons
j
f £1-^ t h o r i t y against smallpox, a n d the immuni-15
sation of such persons against diphtheria.
sation.
n
m
e
a
r
e
a
0
a u
(2) Any local health authority m a y , a n d if directed b y the
Minister shall, m a k e similar a r r a n g e m e n t s for vaccination or
immunisation against a n y other disease.
(3) I n m a k i n g arrangements u n d e r this section a local 20
health authority shall give every medical practitioner provid­
ing general medical services in their area u n d e r P a r t I V of
this Act a n opportunity to provide services u n d e r this section.
(4) T h e Minister m a y , either directly or b y entering into
arrangements with such persons as h e thinks fit, supply free 25
of charge to local health authorities a n d medical practitioners
providing services under this section, vaccines, sera or other
preparations for vaccinating or immunising persons against
a n y disease.
(5) T h e Vaccination Acts, 1867 to 1907, shall cease to have 30
effect.
Ambulance
services.
25.—(1) It shall be the d u t y of every local health authority
to m a k e provision for securing t h a t a m b u l a n c e s a n d other
means of transport are available for t h e conveyance of persons
suffering from illness or m e n t a l defectiveness or expectant 35
or nursing mothers from places in their area to places in or
outside their a r e a or from places outside their area to places
in their area.
(2) A local health authority m a y c a r r y out their d u t y under
this section either b y themselves providing the n e c e s s a r y ^
ambulances a n d other means of t r a n s p o r t a n d the necessary
staff therefor or b y m a k i n g a r r a n g e m e n t s with voluntary
organisations or other bodies or persons for the provision by
them of such a m b u l a n c e s , transport a n d staff.
26.—(1) A local health authority m a y m a k e such a r r a n g e - A.D. 1946.
merits as the Minister m a y a p p r o v e for providing domestic
—r
t^cmit
help for households where such help is required owing to
the presence of a n y person w h o is ill, lying-in, a n expectant D o m e s t i c
5 mother, mentally defective, aged, or a child u n d e r five y e a r s help, of age. (2) A local health authority m a y , with the a p p r o v a l of the Minister, recover from persons availing themselves of t h e domestic help so provided such charges (if any) as the 10 authority considers reasonable, h a v i n g r e g a r d to the m e a n s
of those persons.
27.— (1) A local health a u t h o r i t y m a y m a k e such a r r a n g e - Care and
ments as the Minister m a y a p p r o v e for the purpose of the after-care of
prevention of illness, the care of persons suffering from illness j ^ j l y
15 or mental defectiveness, or the after-care of such persons, b u t
no such a r r a n g e m e n t s shall provide for the p a y m e n t of m o n e y
to such persons.
5 3
o r
(2) A local health authority m a y , with the a p p r o v a l of t h e Minister, recover from persons availing themselves of the 20 services provided u n d e r this section such charges (if a n y )
as the authority considers reasonable, h a v i n g regard to t h e
means of those persons.
2
(3) A local health authority m a y , with the a p p r o v a l of t h e
Minister, contribute to a n y v o l u n t a r y organisation formed
5 for any such p u r p o s e as aforesaid.
28. This P a r t of this Act, except section eighteen, shall
come into force on the appointed dav.
Appointed
d a
y
f o r
t h e
p u r p o s e s of
PART I V .
3
0
P A R T
I
I
L
GENERAL M E D I C A L AND DENTAL S E R V I C E S , PHARMACEUTICAL
SERVICES AND S U P P L E M E N T A R Y O P H T H A L M I C S E R V I C E S .
A administration.
29.—(1) T h e r e shall be constituted in accordance with the E x e c u t i v e
provisions of t h e Fifth Schedule to this Act for the a r e a of Councils,
every local health authority, a council, to be called t h e
5 Executive Council, for the purpose of exercising functions under this P a r t of this Act in relation to the general medical I services, general dental services, p h a r m a c e u t i c a l services a n d
supplementary opthalmic services p r o v i d e d u n d e r t h e said
Part, and the s u p p l e m e n t a r y provisions contained in the
said Schedule shall a p p l y to every such Council.
0
(2) Where it a p p e a r s to the Minister, either before o r after Executive Councils h a v e been constituted u n d e r t h e last foregoing subsection, to be expedient in the interests of t h e PART
IV.
—cont.
efficiency of the services p r o v i d e d under this P a r t of this Act
t h a t a single Executive Council should b e constituted for the
area of two or more local health authorities, h e m a y b y order
p r o v i d e for the constitution thereof, a n d the Fifth Schedule
to this Act shall apply subject to the modification that the 5
m e m b e r s of the Council to be appointed by the local health
authorities shall b e appointed b y the several authorities con­
cerned in such proportions as the order m a y p r o v i d e .
A n y such order m a y b e revoked b y a subsequent order of
the Minister a n d thereupon, subject to a n y n e w order made 10
u n d e r this subsection, separate E x e c u t i v e Councils shall be
constituted u n d e r this section for the a r e a s of the local health
authorities concerned.
( 3 ) A n y order m a d e u n d e r the last foregoing subsection
m a y contain such supplementary a n d incidental provisions as 15
a p p e a r to the Minister to b e necessary or expedient, including
provision for the transfer of officers or their compensation by
the Minister a n d the transfer of property, rights a n d liabilities.
(4) W h e r e it appears to the Minister t h a t owing to the
special circumstances of the area for which a n Executive 20
Council has been or is to be constituted under this section it
is desirable to v a r y the constitution of t h a t Council, he may
b y order provide for such variation:
P r o v i d e d t h a t before m a k i n g a n y s u c h order with respect
to a Council already constituted, he shall consult with that 25
Council, a n d in m a k i n g a n y order u n d e r this subsection
he shall h a v e regard to the desirability of maintaining, so far
as practicable, the same numerical proportion as between the
m e m b e r s appointed b y the several authorities a n d bodies
30
mentioned in the Fifth Schedule to this Act.
(5) W h e r e it a p p e a r s to the Minister to be expedient in the
interests of the efficiency of the services provided u n d e r this
P a r t of this Act t h a t a joint committee should b e established
for the areas of two or more Executive Councils for the
purpose of exercising some b u t not all of the functions of the 35
Executive Council, the Minister m a y b y order constitute such
a joint committee a n d provide for the exercise b y t h a t coiri­
mittee of such of the said functions as m a y be specified in the
order a n d for the p a y m e n t of the expenses of the committee
b y the constituent councils, a n d for the application, with 4
such modifications as m a y be so specified, to t h a t committee
of a n y provisions of this Act relating to those functions, and
the o r d e r m a y contain such supplementary a n d incidental
provisions as a p p e a r to the Minister to be necessary or ex­
pedient, including provision for the transfer of officers and 45
0
their compensation b y the Minister a n d t h e transfer of
property, rights a n d liabilities, a n d for a n y of t h e matters for
which, in relation to an E x e c u t i v e Council, regulations m a d e
under the Fifth Schedule to this Act m a y provide.
5
30.—(1) Where t h e Minister is satisfied that a loan com-
mittee formed for the area of a n y Executive Council is repre-
^t^cont
Local r e p r e ­
sentative
committees.
seniatwe—
(a) of the medical practitioners of t h a t area, or (ft) of the persons p r o v i d i n g pharmaceutical services in
that area, or
(c) of the dental practitioners of that a r e a , the Minister m a y recognise that committee a n d a n y committee
so recognised shall b e called the Medical Practitioner Com­
mittee, the P h a r m a c e u t i c a l Committee or the D e n t a l Practi­
15 tioner Committee, as the case m a y b e , for the a r e a concerned.
(2) The Executive Council shall in exercising their functions
under this P a r t of this Act consult with t h e said Committees
on such occasions a n d to such extent as m a y b e prescribed,
and the said Committees shall exercise such other functions
20 as may be prescribed.
!0
General Medical
Services.
31.—(1) It shall b e the duty of every E x e c u t i v e Council A r r a n g e m e n t s
in accordance with regulations, to make as respects their area
?
arrangements with medical practitioners for the provision b y 25 them as from the appointed d a y , whether a t a h e a l t h centre or otherwise, free of charge to the patient, of personal medical services for all persons in the a r e a w h o wish to t a k e a d v a n t a g e of the arrangements, a n d the services provided in accordance with the arrangements are in this Act referred to a s " general 30medical services."
f o r
(2) Regulations m a y m a k e provision for defining the personal medical services to be provided a n d for securing that the arrangements will be such that all persons availing t h e m ­
selves of those services will receive adequate personal care 35 and attendance, and the regulations shall include provision—
(a) for the preparation a n d publication of lists of medical practitioners who h a v e u n d e r t a k e n t o provide general medical services; (6) for conferring a right on a n y person to choose, in
accordance with the prescribed procedure, the
medical practitioner b y w h o m h e is to b e attended,
subject to t h e consent of the practitioner so chosen
and to any prescribed limit on the n u m b e r of patients
to be accepted by a n y practitioner; e n e r a l
PART IV.
—cont.
Distribution
of m e d i c a l
practitioners
providing
services.
(c) for the distribution a m o n g medical practitioners
whose n a m e s are on t h e lists of a n y persons who have
indicated a wish to obtain general medical services
b u t who h a v e not m a d e a n y choice of medical practi­
tioner or h a v e b e e n refused b y the practitioner 5
chosen;
(d) for the issue to patients or the personal representatives
free of c h a r g e by medical practitioners providing
such services as aforesaid of certificates reasonably
required b y t h e m u n d e r or for the purposes of any id
enactment.
(3) Regulations m a d e u n d e r this section m a y provide that
the right of choice of a medical practitioner shall, in the case
of such persons as m a y b e specified in t h e regulations, be
exercised on their behalf by other persons so specified.
15
32.—(1) Subject to the provisions of this P a r t of this Act
relating to the disqualification of practitioners, e v e r y medical
practitioner who wishes to provide general medical services
shall, a t a n y time before the appointed d a y , b e entitled, on
m a k i n g a n application in the prescribed m a n n e r to the Execu- 20
five Council for a n y area in which he is practising, to be
included in the list of medical practitioners undertaking to
provide general medical services for persons in t h a t area.
(2) W i t h a view to securing t h a t the n u m b e r of medical
practitioners u n d e r t a k i n g to provide general medical services 25
in the areas of different Executive Councils or in different
p a r t s of those areas is a d e q u a t e , the Minister shall constitute
a committee, to be called the Medical Practices Committee,
for the p u r p o s e of considering a n d determining a p p l i c a t i o n s ­
(a) m a d e before the a p p o i n t e d d a y b y a medical practi-3
tioner for inclusion in the list of a n Executive
Council in whose a r e a he is not practising; and
(b) m a d e on or after the appointed d a y for inclusion in
a n y such list k e p t b y an E x e c u t i v e Council for any
area;
35!
a n d a n y medical practitioner who m a k e s s u c h a n application
in the prescribed m a n n e r which the said Committee grants
shall, subject to the provisions of this P a r t of this Act relating
to the disqualification of practitioners, ibe entitled to be in­
eluded in the list.
0
( 3 ) T h e said Committee m a y refuse a n y such application
on the g r o u n d that t h e n u m b e r of medical practitioners under­
taking to provide general medical services in the area or part
of a n area concerned is already a d e q u a t e , a n d , if in the
opinion of the Committee additional practitioners a r e required 4
for a n y area or p a r t b u t the n u m b e r of applicants exceeds
i
the n u m b e r of vacancies, t h e Committee shall select the
persons whose applications are to be granted a n d shall refuse
the other applications.
(4) Except as p r o v i d e d b y the last foregoing subsection,
5 the Medical Practices Committee shall not refuse a n y such
application, b u t the C o m m i t t e e m a y grant an application
subject to conditions excluding practice in such p a r t or parts
of the area of the Executive Council a s the Committee m a y
specify. 10 (5) The Medical Practices Committee shall be constituted
in accordance with the Sixth Schedule to this Act a n d the
provisions of that Schedule shall a p p l y to t h a t Committee.
(6) A medical practitioner who h a s m a d e such an application
as aforesaid which h a s been refused or h a s been granted
15 subject to the said conditions, m a y appeal to t h e Minister,
and the Minister m a y , on a n y such appeal, direct the said
Committee to g r a n t the application either unconditionally or
subject to such conditions as the Minister m a y specify.
(7) Regulations shall be m a d e —
(a) requiring Executive Councils to m a k e r e p o r t s , at
such times a n d in such m a n n e r as m a y be prescribed,
to the Medical Practices Committee as to the n u m b e r
of medical practitioners required to meet t h e reason­
able needs of their area a n d the different p a r t s
25
thereof a n d as to t h e occurrence of a n y v a c a n ­
cies on the lists of medical practitioners k e p t b y
t h e m u n d e r this P a r t of this Act a n d as t o the need
for filling such vacancies, a n d as to a n y applica­
tions m a d e b y medical practitioners to b e included
in such lists;
3
(b) prescribing the p r o c e d u r e for the determination of
applications b y t h e Medical Practices Committee, a n d
r e q u i r i n g applicants to be informed of t h e decisions
of the C o m m i t t e e ;
35
(c) prescribing the p r o c e d u r e for m a k i n g a n d determining
appeals to the Minister u n d e r this section a n d , in
particular, for securing t h a t such a n a p p e a l shall
not be decided against the appellant without afford­
ing h i m a n o p p o r t u n i t y of a p p e a r i n g before a n d
40
b e i n g h e a r d b y a person appointed b y t h e Minister
for the p u r p o s e .
A . D . 1946.
^-con7
:
0
33.—(1) W h e r e the n a m e of a n y medical practitioner is, P r o h i b i t i o n
on the appointed d a y or at a n y t i m e thereafter, entered on a n y
of
list of medical practitioners u n d e r t a k i n g to provide general
45 medical services, it shall b e unlawful subsequently to sell t h e
(oodwill or a n y p a r t of t h e goodwill of the medical practice
Q t h a t medical p r a c t i t i o n e r :
12
D
sale
Notices
o f
p
A.D. 1 9 4 6 .
PART I V
-
c
o
n
L
P r o v i d e d t h a t , where a medical practitioner, whose name
h a s ceased to be entered o n a n y such list a s aforesaid, practises i n t h e area of an E x e c u t i v e Council in whose list his n a m e h a s n e v e r been entered, this subsection shall n o t render
unlawful t h e sale of t h e goodwill or a n y p a r t of t h e goodwill
of his practice in t h a t a r e a .
(2) A n y person w h o sells o r b u y s t h e goodwill or any part
of the goodwill of a medical practice which it is unlawful
to sell b y v i r t u e of the last foregoing subsection, shall be guilty
of an offence a n d shall be liable on s u m m a r y conviction to a
fine n o t exceeding—
(a) in the case of the seller, t h e a m o u n t or v a l u e of the
consideration for the sale, a n d the further a m o u n t of
[five h u n d r e d ] p o u n d s ; a n d
(6) in a n y other case, the a m o u n t of [five hundred]
pounds;
or to i m p r i s o n m e n t for a t e r m n o t exceeding three months,
or to b o t h such fine a n d such i m p r i s o n m e n t .
:
I 5
( 3 ) W h e r e a n y medical practitioner or the personal repre­
sentative of a n y medical practitioner sells or lets premises
previously used b y that practitioner for the purposes of his
practice t o another medical practitioner, or in a n y other way
disposes o r p r o c u r e s the disposition of the premises, whether
b y a-single transaction or a series of transactions, so as to
enable a n o t h e r practitioner to use the premises for the pur­
poses of his practice, a n d the consideration for the sale,
letting or other disposition is substantially in excess of the
consideration which might r e a s o n a b l y h a v e been expected if
the premises h a d not previously b e e n used for the purposes
of a medical practice, the sale, letting or other disposition of ^
the premises shall be deemed to b e a sale b y the first-named
medical practitioner or his personal representative of the
goodwill or p a r t of the goodwill of the practice of that
practitioner to that other practitioner.
2 0
(4) F o r the purposes of this section, where a medical practi-35
tioner takes into p a r t n e r s h i p a n o t h e r medical practitioner—
(a) in consideration of the p a y m e n t of m o n e y or for any
other valuable consideration other than t h e perform­
ance of services b y the last n a m e d practitioner as a
m e m b e r of the p a r t n e r s h i p ; or
40
(6) in consideration of the performance of such services
for a n y period for a remuneration substantially less
t h a n those services might reasonably h a v e been
expected to be w o r t h ;
i
the agreement shall be deemed to b e a sale of the goodwill or ^
p a r t of the goodwill of the practice of the first-named medical
practitioner to the second-named medical practitioner.
j
I
I
I
1
f
( 5 ) F o r the purposes of this section, where a n y medical
practitioner performs services as an assistant to another
medical practitioner for a r e m u n e r a t i o n substantially less t h a n
those services might reasonably h a v e been expected to be
5 worth, a n d subsequently succeeds, whether as the result of a
partnership agreement or otherwise, to the practice or a n y
part of the practice of the last-named practitioner, there shall
be deemed to h a v e been a sale of the goodwill or p a r t of the
goodwill of the said practice b y the last-named practitioner
ro to the first-named practitioner, unless it is shown that the said
remuneration of the first-named practitioner w a s not fixed in
contemplation of his succeeding to the said practice o r a n y
part thereof.
A.D. 1946.
­
t^cont
(6) F o r the purposes of this section, if in p u r s u a n c e of a n y
15 partnership agreement a n y p a y m e n t is m a d e or other v a l u a b l e
consideration given to a medical practitioner on his retirement,
or to the personal representative of a medical practitioner
on the death of that practitioner, the transaction shall be
deemed to be a sale of t h e practice of that practitioner b y
20 him or his personal representative, as the case m a y b e , to the
surviving p a r t n e r s of the firm, a n d accordingly a n y provision
of any p a r t n e r s h i p agreement, whether m a d e before or after
the passing of this Act, shall, so far as it provides for the
making of a n y such p a y m e n t or the giving of a n y such con­
25 sideration on the retirement or d e a t h of a p a r t n e r , b e v o i d .
Provided t h a t nothing in this subsection shall a p p l y to a n y payment or other valuable consideration m a d e or given to the retiring or deceased p a r t n e r in respect of t h e transfer of property of t h a t p a r t n e r to a n y of the other p a r t n e r s , if the 30 payment or other consideration does not exceed t h e fair value
of that p r o p e r t y .
35
0
4
(7) For the purposes of this section—
(a) if a medical practitioner or the personal representative
of a medical practitioner agrees, in consideration of
the p a y m e n t of m o n e y or for other v a l u a b l e con­
sideration, to do o r refrain from doing a n y act, or
allow a n y act to b e done, for the purpose of facilitat­
ing the succession of a n o t h e r medical practitioner to
the practice or an3/ p a r t of the practice of the first­
n a m e d practitioner, the transaction shall be deemed
to be a sale of the goodwill or p a r t of the goodwill
of t h a t practice b y the first-named practitioner or his
personal representative to the other practitioner;
(b) if a n y medical practitioned, or a n y person acting on
his behalf or b y a r r a n g e m e n t with him, m a k e s a n y
p a y m e n t or gives a n y other consideration to a n o t h e r
medical practitioner or t h e personal representative
12
D 2
PART
IV
—emit.
of a n o t h e r medical practitioner, or a n y person acting
on his behalf or b y a r r a n g e m e n t with h i m , and the
first-named
medical practitioner succeeds or has
succeeded, whether before or after the transaction
aforesaid, to the practice or a n y p a r t of the practice 5
of the other practitioner, the transaction shall be
deemed to b e a sale of the goodwill or p a r t of the
goodwill of the practice of that other practitioner
b y him or b y his personal representative to the first­
n a m e d practitioner, unless it is shown that the pay-10
m e n t or other consideration w a s n o t m a d e or given
in contemplation or consideration of the succession
to the practice or p a r t of the practice aforesaid:
P r o v i d e d that this subsection shall not a p p l y to anything
d o n e in relation to the acquisition of premises for the pur-15
poses of a medical practice, or a p a r t n e r s h i p agreement, or
the performance of services a s an assistant to a medical
practitioner.
Compensation
for loss of
r i g h t t o sell
a medical
practice.
3 4 . — (1) E v e r y medical practitioner whose n a m e is entered
o n the appointed d a y on a n y list of medical practitioners 20
u n d e r t a k i n g to p r o v i d e general medical services shall be
entitled to be p a i d b y the Minister c o m p e n s a t i o n in accord­
ance with this section in respect of the loss suffered b y him
b y reason that h e is or will be u n a b l e to sell the goodwill
or a n y p a r t of the goodwill of his practice b y virtue of the 25
last foregoing section.
(2) T h e aggregate a m o u n t of the c o m p e n s a t i o n to be paid
u n d e r this section shall b e — million p o u n d s , exclusive of any
s u m s p a i d b y w a y of interest:
0
P r o v i d e d that, if t h e aggregate n u m b e r of doctors included 3
on the appointed d a y in lists of medical practitioners pro­
viding general medical services falls short of the prescribed
n u m b e r , the said a m o u n t shall be r e d u c e d b y an amount
calculated b y multiplying t h e n u m b e r b y which the said
aggregate n u m b e r falls short as aforesaid b y the prescribed 35
amount.
(3) Regulations shall—
(a) prescribe the m e t h o d of apportioning the said
aggregate a m o u n t a m o n g t h e persons entitled to
compensation;
4I
(6) prescribe the m a n n e r in which a n d the times at
which the compensation is to be p a i d , a n d secure
that, except in such circumstances as m a y be pres­
cribed, it shall not be p a i d until t h e retirement or
death of the medical practitioner concerned, which- 45J
ever first o c c u r s ; a n d
0
(c) provide for p a y i n g interest at t w o a n d three-quarter
per cent., o n the a m o u n t of the compensation p a y able to a n y medical practitioner, in respect of the
period from the appointed d a y until t h e time when
5
the compensation is p a i d ;
and before m a k i n g a n y regulations u n d e r this subsection the
Minister shall consult such organisations as m a y be recognised
by him as representing the medical profession.
35. W h e r e the Medical Practices C o m m i t t e e are satisfied,
10 on the application of a medical practitioner or his personal
representative t h a t ­
( a ) the practitioner h a s retired from practice or died
during the p e r i o d between the p a s s i n g of this Act
a n d the a p p o i n t e d d a y ; a n d
(&) the goodwill of his practice h a s not been sold in
15
whole o r in p a r t before the a p p o i n t e d d a y ;
the last two foregoing sections shall a p p l y to t h a t medical
practitioner a s if his n a m e were entered on t h e appointed
day on a list of medical practitioners u n d e r t a k i n g to p r o ­
20 vide general medical services.
Pharmaceutical
Services, General Dental Services and
Supplementary
Ophthalmic
Services.
A . D . 1946.
p^Tjv
c o n U
Provisions
a s
t c
'
^
n e r s
retiring before
appointed day.
36.— (1) I t shall b e the d u t y of every E x e c u t i v e Council
25 in accordance with regulations to m a k e a s respects their area
arrangements for the s u p p l y , as from the appointed d a y , of
proper a n d sufficient d r u g s a n d medicines a n d prescribed
appliances to all p e r s o n s in t h e area w h o a r e receiving general
medical services, a n d the services p r o v i d e d in accordance
3 with the a r r a n g e m e n t s are in this A c t referred to as
" pharmaceutical services " .
Arrangements
euticaf
services,
C
0
(2) Regulations m a y m a k e provision for securing that
arrangements m a d e u n d e r this section will b e such as to enable
any person receiving general medical services to obtain
35 proper a n d sufficient d r u g s a n d medicines a n d prescribed
appliances, if ordered b y t h e medical practitioner b y w h o m
that person is a t t e n d e d , from a n y persons with w h o m arrange­
ments h a v e been m a d e u n d e r this section, a n d the regulations
shall include provision—
40
(a) for the p r e p a r a t i o n a n d publication of lists of persons
who h a v e u n d e r t a k e n to p r o v i d e p h a r m a c e u t i c a l
services; a n d (6) for conferring a right, subject to the provisions of
this P a r t of this Act relating tO' the disqualification of
45
practitioners, o n a n y person who wishes to be in­
26
PART I V
—cont.
Provisions
with respect
t o persons
authorised t o
provide
pharma­
ceutical
National Health Service.
g & i o GEO. 6.
eluded in a n y such list to b e so included for the
purpose of s u p p l y i n g such d r a g s , medicines and
appliances as that person is entitled b y law to sell.
3 7 . — (1) E x c e p t a s m a y be p r o v i d e d b y regulations, no
arrangement shall be m a d e b y the E x e c u t i v e Council with a
medical practitioner u n d e r which h e is required or agrees to
provide pharmaceutical services to a n y person to w h o m he is
rendering general medical services.
s
(2) Except as m a y be provided b y regulations, no arrange­
ments for the dispensing of medicines shall b e m a d e with 10
persons other t h a n persons who are registered pharmacists or
a r e authorised sellers of poisons within the m e a n i n g of the
P h a r m a c y and Poisons Act, 1933, a n d who u n d e r t a k e that all
medicines supplied b y t h e m u n d e r t h e a r r a n g e m e n t s made
u n d e r this P a r t of this Act shall b e dispensed either by or 15
u n d e r the direct supervision of a registered p h a r m a c i s t or by a
person who for three years immediately before the sixteenth
d a y of December, nineteen h u n d e d a n d eleven, acted as a
dispenser to a medical practitioner or a public institution.
(3) Nothing in this Act shall interfere with the rights and 20
privileges conferred b y the Apothecaries Act, 1815, upon any
person qualified u n d e r that Act to act as a n assistant to any
apothecary in c o m p o u n d i n g a n d dispensing medicines.
Arrangements
for general
dental
3 8 . — (1) I t shall b e the d u t y of every Executive Council
in accordance with regulations to m a k e as respects their area 25
arrangements with dental practitioners u n d e r which, as from
the appointed d a y , a n y person in the area for w h o m a dental
practitioner u n d e r t a k e s in accordance with the arrangements
to provide dental t r e a t m e n t a n d appliances whether at a
health centre or otherwise shall receive such treatment, and 3
the services provided in accordance with t h e arrangements are
in this Act referred to as " general dental services ' ' .
0
(2) Regulations m a y m a k e provision as to the arrange­
ments to be m a d e u n d e r the last foregoing subsection, and
shall include provision—
35
(a) for the p r e p a r a t i o n a n d publication of lists of dental
practitioners who h a v e u n d e r t a k e n to provide general
dental services a n d for conferring a right, subject
to the provisions of this P a r t of this Act relating to
the disqualification of practitioners, on a n y dental 4
practitioner, who wishes to b e included in a n y such
list, to be so included;
(6) for conferring a right on a n y p e r s o n to choose in
accordance with tire prescribed p r o c e d u r e the dental
0
practitioner from w h o m he is to receive general
dental services, subject to the consent of t h e practitioner so chosen;
s
[o
PART I V
—cont.
(c) for constituting a B o a r d , to be called the Dental
Estimates B o a r d , of w h o m the c h a i r m a n a n d a
majority of the m e m b e r s shall be dental practitioners,
for the purpose of c a r r y i n g out such duties as m a y be
prescribed with respect to the a p p r o v a l of estimates
of dental treatment a n d a p p l i a n c e s ;
(d) for providing
said B o a r d ,
appointment
expenses of
necessary or
for such matters in connection with the
including the holding of l a n d , the
of officers a n d the p a y m e n t of the
the B o a r d , as the Minister considers
expedient.
15 3 9 . — (1) W i t h o u t prejudice to the d u t y imposed on the S u p p l e Minister b y P a r t I I of this Act to p r o v i d e hospital a n d m e n t a r y
specialist services, which include services in connection with o p h t h a l m i c
the diagnosis a n d t r e a t m e n t of disease or defect of the eyes
­
and the supply of optical appliances, it shall b e the d u t y of
20 every Executive Council to m a k e as respects their area, in
accordance with regulations, a r r a n g e m e n t s with medical p r a c ­
titioners a n d opticians h a v i n g the prescribed qualifications for
the testing of sight b y t h e m a n d for the supply b y t h e m of
optical appliances, a n d the services p r o v i d e d in accordance
25 with the a r r a n g e m e n t s are in this Act referred to as
" supplementary o p h t h a l m i c services."
s e r v i c e s
(2) T h e functions of the Executive Council u n d e r this section shall, to such extent as m a y be prescribed, b e exer­
cised b y a committee to be called the " O p h t h a l m i c Services 30 Committee '' constituted for the area of the Council in accord­
ance with regulations so as to include m e m b e r s appointed b y
the Executive Council a n d b y medical practitioners a n d
opticians providing s u p p l e m e n t a r y ophthalmic services, a n d
the regulations m a y m a k e provision for such matters in con­
35 nection with the said Committee, as t h e Minister considers
necessary or expedient.
(3) Regulations m a y m a k e provision as to the a r r a n g e m e n t s
to be m a d e u n d e r this section, a n d shall include provision—
(a) for the p r e p a r a t i o n a n d publication b y the Ophthalmic
40
Services Committee of a list of medical practitioners
a n d opticians who h a v e u n d e r t a k e n to provide
s u p p l e m e n t a r y ophthalmic services;
(&) for conferring a right, subject to the provisions of this
P a r t of this Act relating to the disqualification of
45
practitioners, on a n y medical practitioner or optician
A..D.
1946.
PART I V
—cont.
h a v i n g the prescribed qualifications to h a v e his name
included in the a p p r o p r i a t e p a r t of the list;
(c) for conferring on a n y person a right to choose in
accordance with the prescribed procedure t h e medical
practitioner or optician b y w h o m his sight is to be 5
tested or from w h o m a n y prescription for the supply
of optical appliances is to be obtained and the
optician who is to supply the appliances.
(4) W h e r e the Minister is satisfied that adequate ophthalmic
services are available in the area of a n y Executive Council 10
t h r o u g h the hospital a n d specialist services provided under
P a r t I I of this Act, he m a y b y o r d e r direct t h a t this section
shall cease to apply to that a r e a , a n d this section shall there­
upon cease to apply as from a date specified in the o r d e r ; and
a n y such order m a y contain such consequential a n d incidental 15
provisions as the Minister considers necessary or expedient.
Supplementary
Disqualifica­
t i o n of
practitioners.
Provisions.
40.—(1) There shall be constituted in accordance with the
provisions of the Seventh Schedule to this Act, a tribunal,
in this Section referred to as " the T r i b u n a l ' ' , for the purpose 20
of investigating cases where representations are m a d e to the
T r i b u n a l b y a n Executive Council or a n y other person that
the continued inclusion of a n y person in a n y list prepared
u n d e r this P a r t of this Act—
(a) of medical practitioners u n d e r t a k i n g to provide 25
general medical services;
(6) of persons u n d e r t a k i n g to provide pharmaceutical
services;
(c) of dental practitioners u n d e r t a k i n g to provide general
dental services;
3
(d) of medical practitioners u n d e r t a k i n g to provide
supplementary ophthalmic services; or
(e) of opticians u n d e r t a k i n g to provide supplementary
ophthalmic services;
would be prejudicial to the efficiency of the services in 35
question.
0
(2) T h e T r i b u n a l , on receiving representations from an
Executive Council shall, a n d in a n y other case m a y , investi­
gate the case and, if they are u n a n i m o u s l y of opinion that the
continued inclusion of the said person in the said list would 4
be prejudicial to the efficiency of the said services, shall give
notice to the Executive Council directing them to remove his
n a m e from the said list, a n d in a n y other case shall give
notice to the Executive Council t h a t his n a m e shall continue
to b e included in the said list.
45
0
(3) W h e r e the T r i b u n a l give notice directing t h e removal A . D . 1946.
of the n a m e of a n y person from a n y such list, t h e said person
PART IV
may appeal to the Minister who m a y confirm or reverse t h e
—cont. decision of the T r i b u n a l .
(4) W h e r e the T r i b u n a l give a notice directing such
removal as aforesaid, the Executive Council shall—
(a) if n o appeal is b r o u g h t , at the end of the period for
bringing a n a p p e a l ; or
(b) if a n appeal is b r o u g h t a n d t h e decision of the T r i ­
b u n a l is confirmed b y the Minister, on receiving
10
notice of t h e Minister's decision,
5
remove the n a m e of t h e person affected from the said list, a n d
his n a m e shall also b e removed from a n y c o r r e s p o n d i n g list
kept b y a n y other E x e c u t i v e Council u n d e r this P a r t of this
15 Act, a n d , until such time as the T r i b u n a l directs to the con­
trary, t h a t person shall b e disqualified for inclusion in a n y
such list.
20
25
30
35
4
0
45
(5) Regulations shall m a k e provision—
(a) for securing t h a t a n y person who is t h e subject of
a n investigation b y the T r i b u n a l u n d e r this section
shall have a n opportunity of a p p e a r i n g before a n d
being h e a r d b y the Tribunal a n d , i n t h e case of a n
appeal, of a p p e a r i n g before a n d b e i n g h e a r d b y a
person appointed b y the Minister;
(6) for conferring on t h e T r i b u n a l a n d o n a n y person so
appointed b y the Minister, powers to s u m m o n wit­
nesses a n d h e a r evidence on oath, a n d such other
powers as the Minister considers n e c e s s a r y ; a n d
(c) for the publication of the decisions of t h e T r i b u n a l
a n d the Minister u n d e r this section.
(6) W h e r e , before t h e appointed d a y —
(a) the n a m e of a n y person h a s been r e m o v e d from a n y
list kept byv an insurance committee u n d e r the
National H e a l t h I n s u r a n c e Act, 1936, or a n y enact­
m e n t repealed by t h a t Act, of medical practitioners
or of persons supplying drugs, medicines a n d
appliances;
(0) a n y dental practitioner h a s been declared under
regulations m a d e u n d e r the N a t i o n a l
Health
I n s u r a n c e Act, 1936, or a n y e n a c t m e n t repealed b y
t h a t Act, to b e p e r m a n e n t l y unsuitable for service
in connection with the provision of dental benefit
within the m e a n i n g of those regulations;
(c) a n y optician h a s b e e n refused recognition b y the
a p p r o v e d committee for the purpose of the provision
12
E
A.D. 1946.
PART I V
-cont.
P o w e r s of
Minister where
services a r e
inadequate
R e c o v e r y of
c h a r g e s in
r e s p e c t of
certain
appliances and
dental
treatment.
of optical appliances u n d e r the National Health In­
surance (Additional Benefits) A m e n d m e n t Regulations, 1937;
a n d the n a m e of t h a t person has n o t been restored to a n y such
list, or the declaration h a s not b e e n r e v o k e d , or, as t h e case
m a y be, the optician h a s not been g r a n t e d such recognition as
aforesaid, t h a t person, dental practitioner or optician shall,
until such time a s t h e T r i b u n a l directs t o t h e c o n t r a r y , be
disqualified for inclusion in ithe a p p r o p r i a t e list of those
referred to in subsection (1) of this section.
10
. 4 1 . If the Minister is satisfied, after s u c h inquiry as h e may
t h i n k fit, as respects a n y area or p a r t of a n a r e a of an Execu­
tive Council t h a t the persons included in a n y list provided
u n d e r this P a r t of this Act—
(a) of medical practitioners u n d e r t a k i n g to provide 15
general medical services;
(b) of p e r s o n s u n d e r t a k i n g to p r o v i d e pharmaceutical
services; or
of
dental practitioners u n d e r t a k i n g to provide
(?)
general dental services,
20
are not such a s to secure the a d e q u a t e provision of the services
in question in t h a t a r e a or part, or t h a t for a n y other reason
a n y considerable n u m b e r of persons in a n y such area o r part
are not receiving satisfactory services u n d e r the arrangements
in force u n d e r this P a r t of this Act, [being persons (in the 25
case of dental services) who a r e seeking necessary dental
t r e a t m e n t u n d e r those a r r a n g e m e n t s , ] h e m a y authorise the
E x e c u t i v e Council to m a k e such other a r r a n g e m e n t s as he
m a y a p p r o v e , or m a y himself m a k e o t h e r a r r a n g e m e n t s , and
for the p u r p o s e of such other a r r a n g e m e n t s h e m a y dispense 30
with a n y of t h e requirements of regulations m a d e u n d e r this
P a r t of this Act.
42.—(1) Regulations m a y provide for the recovery of such
charges a s m a y b e prescribed—
(a) in respect of the supply, a s p a r t of the general dental 35
services or s u p p l e m e n t a r y o p t h a l m i c services, of any
prescribed dental or optical appliance which is, at
the request of the person supplied, of a quality
superior to t h e prescribed s t a n d a r d ; or
(&) in respect of the replacement or r e p a i r of a n y such 40
appliance, if t h a t replacement or r e p a i r is neces­
sitated b y lack of care on the p a r t of the person
supplied.
(2) Regulations m a y provide for the recovery of t h e pre­
scribed charges in respect of such dental t r e a t m e n t , provided 45
as p a r t of general dental services, as m a y be prescribed.
43. Where a health centre provides facilities for general A.D. 1 9 4 6 .
medical services, general dental services or p h a r m a c e u t i c a l
services, the centre shall, subject to regulations, be m a d e avail^^^ ^
able for those services i n accordance with such a r r a n g e m e n t s A r r a n g e m e n t s
5 as m a y b e m a d e between the E x e c u t i v e Council a n d the local f use of
health authority p r o v i d i n g the centre or, in default of agree- h e a l t h
ment between t h e m , as m a y be determined b y the Minister, c e n t r e s by
and regulations shall provide for the p a y m e n t by t h e execu- P
­
tive council to the local health authority of s u c h charges as
10 may be prescribed a n d , in t h e case of general medical or
dental services, for the recovery of those charges b y the
Executive Council from the medical practitioners or dental
practitioners using the centre.
0
or
R A C T L T L O N E R S
44. A n y dispute arising under this p a r t of this Act or a n y
15 regulation m a d e thereunder between a n E x e c u t i v e Council
and a person receiving, or claiming t h a t he is entitled to
receive, a n y services u n d e r this P a r t of this Act, o r between
an Executive Council a n d a local health authority as to the
conduct of a health centre, shall b e referred a n d decided b y
20 t h e Minister or b y a person a p p o i n t e d b y h i m i n t h a t behalf.
Decision of
disputes,
45. F o r t h e purpose of affording opportunities for medical Provisions of
and dental practitioners providing general medical services courses for
and general dental services to keep themselves informed of d i c a l a n d
t h e latest developments i n medical or dental knowledge, t h e p r a c t i t i o n e r s
25 Minister m a y enter into a r r a n g e m e n t s with universities,
medical schools a n d dental schools, a n d a n y other persons or
bodies for t h e provision of courses which medical o r dental
practitioners m a y attend, a n d m a y , with the a p p r o v a l of t h e
Treasury, m a k e p a y m e n t s towards the cost of the provision
30 of such courses a n d the expenses of practitioners attending
such courses.
m e
PART V .
M E N T A L T R E A T M E N T AND M E N T A L D E F I C I E N C Y .
46.—(1) T h e functions of the B o a r d of Control u n d e r the T r a n s f e r
35 enactments specified in t h e Eighth Schedule to this A c t being M i n i s t e r
administrative functions relating t o —
to
40
45
(a) the licensing of houses, the registration of hospitals
a n d t h e a p p r o v a l of nursing homes a n d other places
for the reception of persons of u n s o u n d mind a s
p r i v a t e patients;
(b) the certification of houses a n d the a p p r o v a l of h o m e s
for the reception of m e n t a l defectives as p r i v a t e
patients; (c) the supervision of t h e administration b y local health
authorities of their powers a n d duties u n d e r the
Mental Deficiency Acts, 1913 to 1938; 12
E 3
to
of
certain func­
t i o n s of B o a r d
of C o n t r o l ,
PART V
—cont.
(d) certain other administrative m a t t e r s arising u n d e r the
L u n a c y a n d Mental T r e a t m e n t Acts, 1890 to 1930,
a n d the Mental Deficiency Acts, 1913 to 1938,
shall b e transferred to the Minister.
(2) T h e officers of the B o a r d of Control, other t h a n Com- 5
missioners a n d inspectors, shall b e transferred to the Ministry
of H e a l t h , a n d sections twenty-three a n d twenty-four of the
Mental Deficiency Act, 1913 (which provides for the appoint­
m e n t of officers b y the B o a r d a n d as to their qualifications)
shall cease to apply to a n y officers other t h a n inspectors.
I 0
(3) T h e services of such officers, other t h a n inspectors, as
the B o a r d of Control m a y require for the p u r p o s e of the
exercise of t h e functions n o t transferred to the Minister shall
b e provided b y the Minister.
(4) All p r o p e r t y held b y the B o a r d of Control for the 15
purposes of a n y institution for defectives established b y them
u n d e r section thirty-five of the Mental Deficiency Act, 1913,
shall be transferred to a n d vest in t h e Minister b y v i r t u e of
this Act, and a n y such institution shall be u n d e r the m a n a g e ­
m e n t of the B o a r d of Control a n d the provisions of this Act 20
relating to Regional Hospital B o a r d s a n d Hospital Manage­
m e n t Committees shall n o t apply thereto.
(5) A n additional medical Commissioner m a y be appointed
to the B o a r d of Control, a n d accordingly section eleven of the
Mental T r e a t m e n t Act, 1930 (which p r o v i d e s t h a t the Board 25
of Control is t o consist of a c h a i r m a n a n d not m o r e t h a n four
Commissioners of which two shall b e medical Commissioners)
shall h a v e effect subject to the a m e n d m e n t s specified in the
T e n t h Schedule to this Act.
(6) Section twelve of the Mental T r e a t m e n t Act, 1930 (which 30
m a k e s provision for the administrative business of the Board)
shall cease to h a v e effect.
(7) This section shall come into force on the appointed day.
Repeals and
amendments
of t h e L u n a c y
a n d Mental
Tieatment
Acts, a n d the
Mental
Deficiency
Acts.
47.—(1) T h e L u n a c y a n d Mental T r e a t m e n t Acts, 1890 to
1930, a n d the Mental Deficiency Acts, 1913 to 1938, a n d the 35
other enactments specified in the N i n t h Schedule to this Act
shall h a v e effect, as from the a p p o i n t e d d a y , subject to the
repeals a n d a m e n d m e n t s specified in t h a t Schedule, being
repeals a n d a m e n d m e n t s r e q u i r e d —
(a) in consequence of the provision b y the Minister 40
instead of local authorities, of mental hospitals and
institutions for defectives;
(b) for t h e p u r p o s e of m a k i n g it unlawful to detain
persons of u n s o u n d mind a n d mental defectives in
workhouses;
45
5
(c) for the purpose of assimilating the p r o c e d u r e for
securing the reception into a n d discharge from
mental hospitals of p r i v a t e patients a n d other
patients, respectively, a n d
(d) generally for bringing the provisions of t h e said Acts
into conformity with the provisions of this Act.
(2) Nothing in the aforesaid repeals a n d a m e n d m e n t s or
in the provisions of this Act shall affect a n y order, certificate,
licence, registration, a p p r o v a l , regulation, or other t h i n g ,
10 made, issued, g r a n t e d or d o n e u n d e r a n y provision of a n y
enactment specified in the N i n t h Schedule to this Act, if it w a s
in force immediately before t h e appointed d a y a n d could h a v e
been m a d e , issued, g r a n t e d or done u n d e r that provision as
amended by this Act or u n d e r a n y corresponding provision
15 of this Act, a n d any such o r d e r , certificate, licence, registra­
tion, a p p r o v a l , regulation or other thing, shall b e d e e m e d to
have been duly m a d e , issued, g r a n t e d or done u n d e r t h a t
provision as so a m e n d e d or u n d e r t h a t provision of this Act.
(3) W h e r e immediately before t h e appointed d a y a n y
20 person of u n s o u n d m i n d or m e n t a l defective is, b y v i r t u e
of an order m a d e u n d e r the L u n a c y a n d Mental T r e a t m e n t
Acts, 1890 to 1930, or the Mental Deficiency Acts, 1913 to
1938, detained in a n y premises which are not transferred to
the Minister b y v i r t u e of this Act, the order shall, for a
25 period of
m o n t h s , continue to be a n a u t h o r i t y for
his detention in those premises, a n d , while h e is so detained,
the provisions of the L u n a c y a n d Mental T r e a t m e n t A c t s ,
1890 to 1930, or of the Mental Deficiency Acts, 1913 to 1938,
as the case m a y be, shall continue to a p p l y to him a s if
30 this Act h a d not passed, a n d the said order shall also b e
an authority for his transfer to a n d detention in a n y m e n t a l
hospital or, as the case m a y b e , institution for defectives,
vested in the Minister, being a hospital or institution in the
area of the Regional Hospital B o a r d in which the said
35 premises are situated.
(4) W h e r e a n institution for defectives which, b y virtue
of subsection (2) of section ten of the Mental Deficiency Act,
1927, is also used as a special school for the purposes of the
Education Act, 1944, the Minister m a y a r r a n g e with the local
40 education authority for the continued use of the premises for
the purposes of t h a t school for s u c h period, not exceeding
, as t h e Minister m a y d e t e r m i n e ; a n d so long
as the premises are so used, the Minister m a y recover from
the local education authority the expenses incurred b y h i m
45 in respect of the use of those premises for the purposes of t h e
school, and the a m o u n t of those expenses shall, in default
of agreement, be determined b y arbitration.
If
A.D.
1946.
PART V
—cont.
4 8 . — ( 1 ) E v e r y local health a u t h o r i t y shall, within such
period a s the Minister m a y b y direction specify, s u b m i t to the
PART V
Minister proposals for c a r r y i n g out their duties u n d e r the
—cont.
P r o p o s a l s for Mental Deficiency Acts, 1913 to 1938, being duties m a i n l y con­
the carrying
cerned with the ascertainment of defectives in their a r e a , the 5
out of d u t i e s
provision of suitable supervision for such defectives, or, if
b y local h e a l t h
necessary, t h e t a k i n g of steps to secure t h a t t h e y a r e sent
authorities
u n d e r M e n t a l to institutions or placed u n d e r g u a r d i a n s h i p , a n d the m a k i n g
Deficiency
of provision for t h e g u a r d i a n s h i p of a n y such defectives.
Acts.
(2) T h e Minister m a y a p p r o v e the proposals with or with- 10
out modifications (including additions a n d exceptions), and
they shall come into force o n the appointed d a y .
(3) A local health a u t h o r i t y m a y at a n y time, a n d if
directed b y the Minister, shall within the period specified
in t h e direction, submit new proposals providing for the modi- 5
fication of the existing proposals, a n d t h e Minister m a y
a p p r o v e the new proposals with or without modifications
(which m a y include additions a n d exceptions).
J
(4) I t shall be t h e d u t y of the local health a u t h o r i t y to c a n y
out their duties aforesaid i n a c c o r d a n c e with t h e proposals
submitted a n d a p p r o v e d u n d e r this section, subject to any
modifications m a d e b y subsequent proposals so submitted and
approved.
2 0
(5) If a n y local health a u t h o r i t y fail to submit a n y pro­
posals which they are required to s u b m i t within a period speci- 5
fied b y direction of t h e Minister, the Minister m a y himself
p r e p a r e proposals a n d t h e y shall h a v e effect as if t h e y had
been submitted a n d a p p r o v e d u n d e r t h e foregoing provisions
of this section.
2
D u t y of local
health author­
ity to convey
p e r s o n s of
unsound mind
and mental
defectives.
0
4 9 . — ( 1 ) W h e r e a n y person of u n s o u n d m i n d i s , u n d e r any3
provision of the L u n a c y a n d Mental T r e a t m e n t Acts, 1890 to
1930, sent t o a mental hospital or r e m o v e d from one mental
hospital t o another, the c o n v e y a n c e of t h a t p e r s o n to his
destination shall, after the a p p o i n t e d d a y , be t h e duty of the
local health authority for t h e a r e a from which the said person 35
is sent or r e m o v e d .
(2) W h e r e a n y person is, under a n y provision of the Mental
Deficiency Acts, 1913 to 1938, sent to a n institution for defec­
tives or placed u n d e r g u a r d i a n s h i p , or r e m o v e d from such an
institution to another such institution or r e m o v e d from such 4
a n institution for the purpose of being placed u n d e r guardian­
ship, the c o n v e y a n c e of t h a t person to his destination shall,
after the appointed d a y , be the d u t y of the local health
authority for the area from which h e is sent or r e m o v e d .
0
P A R T V I .
A.D.
1946
GENERAL.
Financial
Provisions.
50.—(1) A n y expenses incurred b y the Minister in t h e
5 exercise of his functions u n d e r this Act shall b e defrayed out
of moneys provided by. P a r l i a m e n t .
"
Expenses and
r e c e i p t s of
1 3 1 6
M m i s t e r
­
(2) Ail sums transferred to the Minister b y virtue of this Act, or received b y the Minister b y w a y of income arising out of, or proceeds from t h e disposal of, p r o p e r t y transferred 10 or acquired b y h i m u n d e r this Act, o r otherwise received b y
him in the exercise of functions u n d e r this Act shall b e paid
into the E x c h e q u e r .
51.—(1) I n respect of the period of twelve m o n t h s beginning
with the appointed d a y a n d each s u b s e q u e n t period of twelve
15 months, there shall b e p a i d o u t of m o n e y s p r o v i d e d b y
Parliament to every local health authority a g r a n t in respect
of the expenditure, estimated in the prescribed m a n n e r ,
incurred b y the a u t h o r i t y in c a r r y i n g out their functions u n d e r
this Act, a n d the g r a n t shall be p a y a b l e i n accordance with
20 regulations m a d e b y t h e Minister with t h e a p p r o v a l of the
Treasury: Provided t h a t the total a m o u n t of the g r a n t p a y a b l e to
any local health authority in respect of a n y y e a r shall not
exceed three-quarters of the total e x p e n d i t u r e aforesaid of that
25 authority, a n d shall n o t b e less t h a n three-eighths of that
expenditure.
(2) W h e r e a n y functions of two or more local health authori­
ties are being exercised b y a joint b o a r d , grants shall be paid
to the said authorities u n d e r the last foregoing subsection in
30 respect of their expenditure in defraying expenses of the b o a r d
in exercising those functions, as if t h a t e x p e n d i t u r e were
incurred b y t h e m in exercising functions as local health
authorities. (3) F o r the purposes of section one h u n d r e d a n d four of the
35 Local G o v e r n m e n t Act, 1929 (which authorises t h e reduction
of grants p a y a b l e u n d e r P a r t V I of t h a t Act to a council
which fails to achieve a n d m a i n t a i n a n efficient service) grants
payable u n d e r this section shall b e d e e m e d to be p a y a b l e
under the said P a r t V I . [40
I
(4) The council of every c o u n t y a n d c o u n t y b o r o u g h shall
pay to the Minister in respect of t h e period of twelve m o n t h s
beginning with the appointed d a y a n d each s u b s e q u e n t period
of twelve m o n t h s d u r i n g the third fixed g r a n t period within
the meaning of the Local G o v e r n m e n t Act, 1929, a s u m equal
Grants t o
local h e a l t h
authorities. PART
VI
—cont.
to the loss on account of the g r a n t s m e n t i o n e d in p a r a g r a p h 2
of the Second Schedule to the Local G o v e r n m e n t Act, 1929,
discontinued b y v i r t u e of section eighty-five of t h a t Act, as
determined in accordance with P a r t I I of the F o u r t h Schedule
to t h a t Act, less s u c h p a r t of that loss as is attributable to a
g r a n t s for the welfare of the b l i n d :
Provided that—
(a) where the said loss on account of t h e said
g r a n t s h a s , in the case of a n y c o u n t y or county
b o r o u g h , been increased or r e d u c e d b y a n amount 10
certified b y the Minister u n d e r regulations made
u n d e r p a r a g r a p h (&) of subsection (1) of section one
h u n d r e d a n d eight of the Local G o v e r n m e n t Act,
1929, the p a y m e n t to be m a d e b y t h e council of that
c o u n t y o r county b o r o u g h u n d e r this subsection 15
shall be increased or r e d u c e d b y such p a r t of the
a m o u n t so certified as is attributable t o the said
g r a n t s other t h a n grants for t h e welfare of the blind;
( 6 ) in t h e case of a county or c o u n t y b o r o u g h consti­
tuted since t h e thirty-first d a y of March, nineteen 20
h u n d r e d a n d twenty-nine, t h e a m o u n t to be p a i d by
the council thereof u n d e r this section shall be the
a m o u n t certified b y the Minister u n d e r t h e said
regulations a s the loss of t h a t c o u n t y or county
borough o n ' account of t h e said g r a n t s , less such 25
p a r t of t h a t a m o u n t as is attributable to grants for
the welfare of the b l i n d :
Provided that, if the said third fixed g r a n t period ends
during a n y such period of twelve m o n t h s as aforesaid, the
p a y m e n t s to b e m a d e b y councils a n d c o u n t y b o r o u g h s under 30
this subsection in respect of that period of twelve months
shall b e a r the same proportion to t h e s u m s t h a t would be
p a y a b l e in respect of the complete period of twelve months
as the p a r t of t h a t period before the end of the third fixed
g r a n t period b e a r s to t h e complete period of twelve m o n t h s . 3 5
Payments
to Regional
Hospital
Boards,
B o a r d s of
Governors and
Executive
Councils.
52.—(1) There shall be p a i d out of m o n e y s p r o v i d e d by
Parliament to—
(a) every Regional Hospital B o a r d such s u m s as m a y be
necessary to defray the e x p e n d i t u r e of the Board
u n d e r this Act (including e x p e n d i t u r e incurred b y a 1
Hospital M a n a g e m e n t Committee of a hospital or
g r o u p of hospitals in the a r e a of t h e B o a r d ) , being
expenditure a p p r o v e d b y t h e Minister in the pre­
scribed m a n n e r ;
(&) every Board of Governors of a teaching hospital such 4,iJ
s u m s as m a y b e necessary t o defray the expenditure
151
of the B o a r d being expenditure a p p r o v e d as aforesaid.
(2) All expenditure of a hospital m a n a g e m e n t committee
approved as aforesaid shall b e defrayed b y the Regional
5 Hospital B o a r d for the area in which the hospital or g r o u p of
hospitals in question is situated. ( 3 ) There shall be paid out of m o n e y s p r o v i d e d b y P a r l i a ­
ment to every Executive Council such s u m s as t h e Minister
may with the a p p r o v a l of t h e T r e a s u r y determine to h a v e
10 been incurred b y the Council for the purpose of discharging
their functions u n d e r this Act. (4) P a y m e n t s m a d e u n d e r this section shall be m a d e in
accordance w i t h regulations m a d e b y the Minister a n d
approved by the T r e a s u r y , a n d shall be m a d e at such times
15 and in such m a n n e r as the T r e a s u r y m a y direct, a n d subject
to such conditions as to records, certificates, audit or other­
wise as the Minister m a y with the a p p r o v a l of the T r e a s u r y
determine. A.D. 1 9 4 6 .
"
T
PART VI.
—cont.
5 3 . — ( 1 ) T h e council of e v e r y c o u n t y b o r o u g h shall k e e p A c c o u n t s of
20 accounts of the sums received a n d e x p e n d e d b y t h e m councils of in the exercise of their functions u n d e r this Act, a n d those accounts shall be m a d e u p a n d audited in like R e g i o n a l ' manner as the accounts of a c o u n t y council a n d shall be k e p t H o s p i t a l separately from their other a c c o u n t s ; a n d the e n a c t m e n t s B o a r d s , B o a r d s
25 relating to the a u d i t of accounts b y a district auditor a n d to the of G o v e r n o r s matters incidental to such audit a n d consequential thereon c o m m t t t e e s ^
shall have effect in relation to t h e accounts which the council of a county borough are required to k e e p u n d e r this section as t h e y have effect in relation to the accounts of a c o u n t y council. 6
( 2 ) E v e r y Regional Hospital B o a r d , B o a r d of Governors
of a teaching hospital, Hospital M a n a g e m e n t Committee a n d
Executive Council shall k e e p accounts in the prescribed form
and shall, w h e n required, s u b m i t those accounts to a u d i t b y
auditors appointed b y the T r e a s u r y , a n d the provisions of the
135 Tenth Schedule to this Act shall h a v e effect with respect to
those accounts.
3
0
(3) The Minister shall, at such times a n d in such form as
the Treasury m a y direct, lay before P a r l i a m e n t statements of
I accounts of such B o a r d s , Committees a n d Councils as aforeP said.
Administrative
provisions.
5 4 . — ( 1 ) W h e r e the Minister is of opinion, on complaint or D e f a u l t p o w e r s
otherwise, that a n y Regional Hospital B o a r d , B o a r d o f M i n i s t e r .
Governors of a teaching hospital, Hospital M a n a g e m e n t C o m ­
*5 mittee, Executive Council Ophthalmic Services Committee o r 12
F
o i
A.D. 1946
P
-conl'
P u r c h a s e of
land.
local health authority, or the Medical Practices Committee
or the Dental Estimates B o a r d h a v e failed to do anything
which they are required to do b y or under this Act, he may
after such inquiry as he m a y think fit m a k e a n order declar­
ing them to be in default a n d directing t h e m , for the purpose 5
of remedying the default, to discharge such of their functions,
in such m a n n e r a n d within such time or times, as m a y be
specified in t h e order.
(2) If the b o d y in default fails to comply with a n y such
direction within the time limited for compliance therewith, 10
the Minister, in lieu of enforcing the order by m a n d a m u s or
otherwise, m a y m a k e a n order transferring to himself such
of the functions of the b o d y in default as h e thinks fit.
(3) A n y expenses certified b y the Minister to h a v e been
incurred b y h i m in discharging functions transferred to him 15
u n d e r this section from a local health authority shall on
d e m a n d be p a i d to him b y t h a t authority a n d shall be recover­
able b y him from t h e m as a debt due to the Crown, a n d the
authority or (in the case of a joint board) a n y constituent local
authority thereof shall h a v e t h e like p o w e r of raising the 20
money required as they h a v e of raising m o n e y for p a y i n g
expenses incurred directly b y t h e m , a n d the p a y m e n t of any
such expenses incurred b y the Minister as aforesaid shall, to
such extent a s m a y be sanctioned b y the Minister, be a pur­
pose for which the authority m a y b o r r o w m o n e y in accord- 25
ance with the statutory provisions relating to borrowing b y
that authority.
(4) An order m a d e u n d e r this section m a y contain such
supplementary' a n d incidental provisions as a p p e a r t o the
Minister to be necessary or expedient, including provision for 30
the transfer to the Minister of p r o p e r t y a n d liabilities of the
b o d y in default, a n d where a n y such order is varied or
revoked b y a subsequent order, the revoking order or a sub­
sequent order m a y m a k e provision for the transfer to the
b o d y in default of a n y p r o p e r t y or liabilities acquired or in- 35
curred b y the Minister in discharging a n y of the functions
transferred to h i m .
T h e Minister m a y acquire, either b y agreement­
compulsorily b y means of an order m a d e b y him under
this section, a n y land required b y him for the purposes of this 4
Act, a n d , without prejudice to the generality of this sub­
section, l a n d m a y be so acquired for the purpose of providing
residential accommodation for persons employed a t any
hospital vested in the Minister.
(2) A local health authority m a y be authorised t o pur- 45
chase land compulsorily for the purposes of this Act b y means
of an order m a d e b y the authority a n d confirmed b y the
Minister.
55.—(j)
o r
0
152
(3) W h e r e t h e Minister proposes to m a k e a n order for the
compulsory p u r c h a s e b y h i m of l a n d u n d e r this section, he
shall p r e p a r e a draft thereof, a n d subsections (2) to (7) of
the said section one h u n d r e d a n d sixty-one, sections o n e
5 hundred a n d seventy-four a n d one h u n d r e d a n d seventy-five,
and p a r a g r a p h s (a) a n d (6) of section one h u n d r e d a n d
seventy-nine of the Local G o v e r n m e n t Act, 1933, shall a p p l y
to any such order a s if— (a) for references to the local authority there were s u b ­
10
stituted references to the Minister;
(b) except where the context otherwise requires, for
references to the order a n d the m a k i n g ot the o r d e r
there were substituted references to the draft order
and the p r e p a r a t i o n thereof; a n d 15
(c) for references to the submission of the order for con­
firmation a n d to the confirmation thereof there were
substituted references to the m a k i n g of the order.
A D . 1946.
"j
tO^oni.
56.—(1) A n y power or d u t y of the Minister o r a local I n t e r p r e t a t i o n
health a u t h o r i t y u n d e r this A c t to p r o v i d e buildings or other oi " p r o v i d e " .
20 premises for a n y purpose shall include a p o w e r or, a s the case
may be, a d u t y to equip t h e m with such furniture a n d e q u i p ­
ment or vehicles as m a y be r e a s o n a b l y necessary t o e n a b l e
them to b e used for that purpose.
(2) Any such p o w e r or d u t y m a y be exercised or p e r f o r m e d
25 by entering into agreements with a n y b o d y or person for the
use, u p o n such terms as m a y b e agreed, of a n y suitable
buildings, premises, furniture, e q u i p m e n t or vehicles p r o ­
vided by, or u n d e r t h e control of, t h a t b o d y or person, a n d ,
if it appears convenient, for the services of a n y staff e m p l o y e d
30 in connection therewith.
(3) A local health authority who p r o v i d e buildings, o r other
premises, furniture, e q u i p m e n t or vehicles for a n y of the
purposes of this Act m a y , o n such t e r m s (including terms
j with respect t o t h e services of a n y staff employed b y them)
J35 as may b e agreed, permit the use thereof b y a n y other local
j health authority or b y any of t h e bodies constituted under this
Act or by a n y v o l u n t a r y organisation providing services u n d e r
Part I I I of this Act or by a local education authority. 57. Regulations m a y make provision with respect to the
40 qualifications a n d conditions of service of a n y officers employed by a Regional Hospital B o a r d , B o a r d of Governors
of a teaching hospital, Executive Council, local health a u t h o nty or voluntary organisation for the p u r p o s e s of this Act,
and, with the a p p r o v a l of the T r e a s u r y , with respect to the
remuneration of a n y such officer, a n d n o officer to w h o m the
regulations apply shall b e employed otherwise t h a n in accord­
ance with the regulations.
Qualifications, remunerations, g^
su^rannua­
t i o n of officers,
t
i
o
n
s
n
o
d
f
.— ( i ) R e g u l a t i o n s m a y p r o v i d e —
(a) for the granting out of m o n e y s provided b y Parlia­
m e n t of s u p e r a n n u a t i o n benefits to, a n d the recovery
of contributions from, officers of such classes as may
be prescribed, being officers of Regional Hospital 5
B o a r d s , B o a r d s of Governors of teaching hospitals,
E x e c u t i v e Councils or o t h e r bodies constituted under
this Act, or officers engaged in health services not
p r o v i d e d u n d e r this A c t or b y a local health
authority;
10
(6) for extending, with such modifications a s m a y be
prescribed, the provisions of the Local Govern­
m e n t S u p e r a n n u a t i o n Act, 1937, to such officers as
m a y be prescribed, being officers of local health
authorities or of v o l u n t a r y organisations engaged in 15
the provision of services u n d e r P a r t I I I of this Act;
(c) for the g r a n t i n g out of m o n e y s provided b y Parlia­
m e n t of s u p e r a n n u a t i o n benefits to, a n d the recovery
of contributions from, medical practitioners and
dental practitioners p r o v i d i n g general medical 20
services or general dental services;
(d) for the p a y m e n t to the Minister b y local authorities
a n d other persons of transfer value in respect of
officers w h o , on the c o m i n g into force of the
regulations, were entitled to s u p e r a n n u a t i o n benefits 25
p a y a b l e b y those authorities or persons, a n d become
entitled to s u p e r a n n u a t i o n benefits p a y a b l e under
the regulations c u t of m o n e y s provided by
P a r l i a m e n t , a n d for the pa3/ment, o n subse­
q u e n t occasions, of transfer value to or b y the 30
Minister in respect of officers transferred t o or from
e m p l o y m e n t in respect of which superannuation
benefits a r e p a y a b l e u n d e r the regulations out of
m o n e y s provided b y P a r l i a m e n t from or t o employ­
m e n t in respect of which s u p e r a n n u a t i o n benefits are 35
otherwise p a y a b l e ;
(e) for a n y other m a t t e r s consequential on t h e change
of e m p l o y m e n t of a n y such officers;
(/) for the transfer to t h e Minister, in cases w h e r e trans­
fer value is not p a y a b l e , of a n y fund, or a n y part 4
of a fund, or a n y policies of insurance, maintained
for the purpose of p r o v i d i n g s u p e r a n n u a t i o n bene­
fits for officers for w h o m s u p e r a n n u a t i o n benefits
are p a y a b l e u n d e r or b y virtue of the regulations;
(g) for m a k i n g special provision for special classes of \
officers, a n d in p a r t i c u l a r with respect to the
reckoning of b a c k service;
0
53
5
(h) for granting to persons w h o , immediately before
entering a n y e m p l o y m e n t in respect of which
s u p e r a n n u a t i o n benefits are p a y a b l e u n d e r or b y
virtue of the regulations, were otherwise entitled to
similar benefits, a n option to retain their existing
rights in lieu of their rights to benefits p a y a b l e as
aforesaid;
A . D . 1946.
PART VI.
—cont.
ii) for the final determination of all questions arising
u n d e r the regulations b y the Minister;
10
15
(k) for such provisions supplementary a n d consequential
on the m a t t e r s aforesaid as a p p e a r to the Minister
to be necessary, including provisions for a d a p t i n g ,
modifying or repealing a n y Acts of P a r l i a m e n t ,
w h e t h e r public general, local or p r i v a t e , so far as
a p p e a r s to the Minister to be necessary in conse­
quence of the regulations.
(2) I n this section t h e expression " s u p e r a n n u a t i o n bene­
fits " m e a n s a n n u a l s u p e r a n n u a t i o n allowances, gratuities
and periodical p a y m e n t s p a y a b l e on retirement, d e a t h or
20 incapacity, a n d similar benefits, a n d the regulations shall
secure t h a t the benefits p a y a b l e under or b y virtue of the
regulations are substantially similar to those p a y a b l e u n d e r
the Local G o v e r n m e n t S u p e r a n n u a t i o n Act, 1937, to contri­
butory employees within the m e a n i n g of that Act, except t h a t
25 the regulations m a y substitute for a s u p e r a n n u a t i o n allowance
based upon sixtieths of the officers a n n u a l r e m u n e r a t i o n a
superannuation allowance b a s e d u p o n eightieths of t h a t
remuneration together with a n a p p r o p r i a t e l u m p s u m . (3) If the Minister a n d a Secretary of State are satisfied 30 that any Act for t h e time b e i n g in force in Scotland or in Northern I r e l a n d m a k e s provision with respect to the superannuation of officers employed in health services in i Scotland or N o r t h e r n I r e l a n d which is substantially similar
to the provision m a d e u n d e r this section, t h e y m a y m a k e
35 regulations with respect to the rights a n d liabilities of an
officer so employed who leaves his e m p l o y m e n t a n d enters
into employment in respect of which s u p e r a n n u a t i o n benefits
are payable u n d e r or b y virtue of regulations m a d e u n d e r the
last foregoing subsection or into the e m p l o y m e n t of a local
40 health authority in respect of which s u p e r a n n u a t i o n benefits
are payable u n d e r the Local G o v e r n m e n t S u p e r a n n u a t i o n
Act, 1937, a n d vice versa.
59. Regulations shall p r o v i d e —
Transfer
I
45
(a) for the transfer of officers employed immediately
before the appointed d a y solely or m a i n l y at o r for
the p u r p o s e s of a n y hospital transferred t o the
and
j£^^f
ion
A.D. 1946.
PART VI.
—cont. Minister b y virtue of this Act, to the Regional Board
for the a r e a in which t h e hospital is situated or, in the
case of a teaching hospital, to t h e B o a r d of Governors
of t h a t hospital, subject, in the case of medical
officers, to such exceptions a n d conditions as may 5
be prescribed;
(b) for t h e transfer of officers employed immediately
before the appointed d a y solely or mainly a t or for
the p u r p o s e s of a medical or dental school for which
a n e w governing b o d y is constituted u n d e r Part 110
of this Act, to t h a t governing b o d y ;
(c) for t h e transfer of officers employed immediately be­
fore the a p p o i n t e d d a y b y t h e C o m m o n Council of
the City of L o n d o n , the council of a metropolitan
b o r o u g h or the council of a c o u n t y district solely 15
or m a i n l y for t h e purposes of functions transferred
from t h a t council to a local health authority, to that
local a u t h o r i t y ;
(d) for the transfer of officers employed immediately
before the appointed d a y b y a n y such council as 20
aforesaid solely o r mainly for the purposes of func­
tions u n d e r the Vaccination Acts, 1867 to 1907, to
t h e local health authority whose area comprises the
a r e a of t h a t council;
(e) for the transfer of officers employed immediately 25
before the appointed d a y b y the insurance com­
mittee for a n y c o u n t y o r county borough to the
E x e c u t i v e Council for the a r e a comprising that
c o u n t y or county b o r o u g h ; a n d
0
(/) for t h e p a y m e n t of compensation b y the Minister or 3
local health a u t h o r i t y to a n y officers employed as
aforesaid whose e m p l o y m e n t w a s wholetime employ­
m e n t a n d w h o suffer loss of e m p l o y m e n t or diminu­
tion of e m o l u m e n t s w h i c h is shown to b e directly
attributable to t h e passing of this Act.
35
T h i s section shall a p p l y in relation to a joint insurance
committee constituted u n d e r section ninety-four of the National
H e a l t h I n s u r a n c e Act, 1936, with the modification that the
E x e c u t i v e Council to w h o m a n y officer is to b e transferred
^hall b e d e t e r m i n e d b y t h e Minister.
'
Consequential
provisions on
t r a n s f e r of
functions.
60.—(1) Regxilations m a y m a k e provision consequential
on or s u p p l e m e n t a r y to t h e transfer of a n y functions b y virtue
of this Act from the C o m m o n Council of the City of London,
the council of a metropolitan b o r o u g h or the council of a
c o u n t y district to a local health authority as a p p e a r to the')!
Minister to b e necessary o r expedient, a n d in particular, but
without prejudice to the generality of this subsection, regulations may p r o v i d e (a) for the transfer to the local health a u t h o r i t y of p r o perty, rights a n d liabilities held or incurred for the
purposes of the said functions;
(b) for the m a k i n g of adjustments between the local
health a u t h o r i t y a n d the council from w h o m the
functions were transferred in relation to t h e said
p r o p e r t y , rights a n d liabilities, including the m a k i n g
of p a y m e n t s b y the said authority o r council; (c) for the a m e n d m e n t of contracts a n d o t h e r d o c u m e n t s
relating to the said p r o p e r t y , rights a n d liabilities;
(d) for e n a b l i n g a n y proceedings p e n d i n g o n the
appointed d a y with respect to a n y such p r o p e r t y ,
rights or liabilities to be carried o n b y the local
health a u t h o r i t y ; a n d (e) for the d e t e r m i n a t i o n of disputes relating to t h e
matters aforesaid. (2) Regulations m a y also provide—­
(a) for the transfer of p r o p e r t y , rights a n d liabilities to
a n E x e c u t i v e Council from the insurance committee
for a n y c o u n t y or c o u n t y b o r o u g h comprised in the
area of the Council, a n d for the a m e n d m e n t of a n j '
contracts or other d o c u m e n t s relating thereto; (b) for enabling a n y proceedings p e n d i n g with respect
to a n y such p r o p e r t y , rights or liabilities to b e carried
on b y the E x e c u t i v e Council; a n d (c) for t h e determination of disputes relating to the
m a t t e r s aforesaid. A.D. 1946
PIRTVI.
— ont
C
This subsection shall a p p l y in relation to a joint i n s u r a n c e
committee constituted u n d e r section ninety-four of the N a t i o n a l
Health Insurance Act, 1936, with the modification t h a t the
Executive Council to w h o m a n y p r o p e r t y , right or liability
is to be transferred shall b e d e t e r m i n e d b y the Minister.
61. The Minister m a y cause a n i n q u i r y to b e held in a n y
case where he deems it advisable to do so in connection with
any matter arising u n d e r this Act, a n d subsections (2) to (5)
of section two h u n d r e d a n d ninety of the Local G o v e r n m e n t
Act, 1933, shall a p p l y to a n y i n q u i r y held u n d e r this Act.
Inquiries,
62. Regulations m a y m a k e provisions for all o r a n y of the M i s c e l l a n e o u s
following matters."
administrative
.
'
matters.
(a) for prescribing the forms of notices a n d other docu­
ments, a n d t h e m a n n e r of service of notices a n d other documents; (6) for prescribing the m a n n e r in d o c u m e n t s m a y be
authenticated;
(c) for prescribing the m a n n e r in which resolutions of
local health authorities a n d a n y bodies constituted
u n d e r this Act a r e to be p r o v e d ;
g
(d) for protecting from liability m e m b e r s a n d officers
of local h e a l t h authorities a n d bodies constituted
u n d e r this Act;
(e) for e x e m p t i n g J u d g e s a n d Justices of the Peace from
disqualification b y their liability to r a t e s ;
(/) for e x e m p t i n g documents given b y or to Executive
Councils from s t a m p d u t y .
PART VI.
—cont.
I 0
Regulations.
63.—(1) N o regulations shall be m a d e u n d e r sections fifty­
eight or fifty-nine of this Act unless a draft of the regulations
h a s been laid before P a r l i a m e n t a n d h a s been a p p r o v e d by 15
resolution of each House of P a r l i a m e n t .
(2) All regulations m a d e u n d e r this Act shall be laid before
P a r l i a m e n t immediately after t h e y are m a d e , a n d if either
House of P a r l i a m e n t , within t h e p e r i o d of forty days
beginning w i t h the d a y on which a n y such regulations are 20
laid before it, resolves t h a t the regulations b e annulled, the
regulations shall cease to h a v e effect, b u t without prejudice
to anything previously done t h e r e u n d e r or to the m a k i n g of
new regulations.
I n reckoning a n y such period of forty d a y s , n o account 25
shall be t a k e n of a n y time d u r i n g which P a r l i a m e n t is dis­
solved or p r o r o g u e d or during which b o t h Houses are
adjourned for m o r e t h a n four d a y s .
Revocation
and variation
of o r d e r s .
Repeal and
a m e n d m e n t of
t h e P u b l i c
Health Act,
1936, a n d t h e
Public Health
(London) Act,
1936.
64. Any order m a d e b y the Minister u n d e r this Act, except
an order for the variation or revocation of which special pro- 30
vision is m a d e in a n y of the foregoing provisions of this Act,
m a y be v a r i e d or revoked b y a subsequent order of the Minis­
ter m a d e in like m a n n e r and subject to the like conditions as
the original o r d e r .
0
Consequential
Repeal and Amendment
of Enactments.
35
65.—(1) T h e repeals a n d a m e n d m e n t s specified in Part I
f
Tenth Schedule to this Act shall be m a d e in the Public
Health Act, 1936, a n d the Public H e a l t h (London) Act, 1936.
t
n
e
(2) A n y joint b o a r d constituted u n d e r the Public Health .
Act, 1936, o r a n y enactment repealed b y t h a t Act solely for')
the purpose of exercising functions which cease to b e exercis­
able b y virtue of this Act or are transferred to a local health
authority or other person or b o d y by this Act, shall cease to
exist.
0
66. The duties of councils of counties a n d county b o r o u g h s A . D . 1 9 4 6 .
to provide b y w a y of p o o r relief a n y of the services for which
provision is m a d e b y this Act shall cease to h a v e effect, a n d
A^^J
accordingly the P o o r L a w Act, 1930, shall be repealed to the
cation '
5 extent specified in the third c o l u m n of P a r t I I of the T e n t h
Law­
Schedule to this Act.
Act, 1930.
M o d i f i
o f
6 7 . The other enactments mentioned in P a r t I I of the
Eighth Schedule to this Act shall b e repealed a n d a m e n d e d to
the extent specified in the t h i r d c o l u m n of that P a r t of t h a t
10 Schedule.
P
o
o
r
Repeal a n d
a m e n d m e n t of
e ct
n a
m e n t s
68. The provisions of subsection (2) of the R o a d Traffic Act, Modification
1930 (which, as a m e n d e d b y section thirty-three of the R o a d
certain
and Rail Traffic Act, 1933, p r o v i d e s for the m a k i n g of p a y - ^ £ ^ T r a f f i c
ment to hospitals in respect of the t r e a t m e n t of persons killed ^
15 or injured b y m o t o r vehicles) a n d section sixteen of the R o a d
Traffic Act, 1 9 3 4 (which provides for the m a k i n g of p a y m e n t s
to hospitals in respect of emergency t r e a t m e n t of persons so
killed or injured) shall h a v e effect a s if a n y requirement for the
payment of m o n e y to a hospital w e r e construed, in the case
20 of a hospital vested in the Minister, a s requiring t h a t p a y m e n t
to be m a d e , in the case of a teaching hospital, to t h e B o a r d
of Governors of t h a t hospital a n d in a n y other case to the
Regional Hospital B o a r d for t h e a r e a in which the hospital
is situated.
o f
r a
0
A
6 9 . — ( 1 ) W h e r e at the passing of this Act there is in force a
local or p r i v a t e Act containing provisions a p p e a r i n g to the
Minister either to b e inconsistent with a n y of the provisions
of this Act, o r t o b e r e d u n d a n t in consequence of the passing
of this Act, t h e Minister m a y b y order m a k e such alterations,
30 whether b y a m e n d m e n t or b y r e p e a l , in the local or p r i v a t e
Act as a p p e a r to h i m to be n e c e s s a r y for the p u r p o s e of
bringing its provisions into conformity with the provisions of
this Act, or for the purpose of r e m o v i n g r e d u n d a n t provisions,
as the case m a y b e .
2
5
O r d e r s for
amendment or
a d a p t a t i o n of
o c a
( 2 ) Any order m a d e u n d e r this section shall be laid before
Parliament immediately after it is m a d e , a n d if either H o u s e
of Parliament, within the period of f o r t y d a y s beginning with
the day on which a n y such order is laid before it, resolves t h a t
the order b e a n n u l l e d , the order shall cease to have effect, b u t
[40 without prejudice to a n y t h i n g p r e v i o u s l y done thereunder o r
to the m a k i n g of a n e w order.
In reckoning a n y such period of forty d a y s , n o account shall be t a k e n of a n y time d u r i n g w h i c h P a r l i a m e n t is dis­
^ solved or p r o r o g u e d , or d u r i n g w h i c h b o t h Houses a r e a d ­
45 journed for m o r e t h a n four d a y s .
35
c
s
"
A.D. 1 9 4 6 .
Supplementary
Provisions.
70.—(1) I n this Act, unless the context otherwise requires,
the following expressions h a v e the m e a n i n g s hereby assigned
Interpretation. ^ £hern
PART VI.
—cont.
0
" appointed d a y " m e a n s such d a y as H i s Majesty may 5
b y Order-in-Council a p p o i n t , a n d different d a y s may
be appointed for the purposes of different provisions
of this Act;
" certified midwife " m e a n s a person certified u n d e r the
Midwives Acts, 1902 to 1936;
" dental practitioner " m e a n s a person registered in the
dentists register u n d e r the Dentists Act, 1878 to
1923;
" governing b o d y , " in relation to a hospital, includes
a n y person or b o d y of persons holding p r o p e r t y on 15
trust for the benefit of that hospital;
' ' hospital ' ' m e a n s a n y institution for the reception
a n d treatment of p e r s o n s suffering from any
illness
(including m e n t a l
illness)
or
persons
suffering from m e n t a l defectiveness, a n y maternity 20
h o m e , a n d a n y premises used for p r o v i d i n g treatment
d u r i n g convalescence or for medical rehabilitation,
including clinics a n d out-patient d e p a r t m e n t s main­
tained in connection with a n y such premises or home
as aforesaid, a n d " hospital a c c o m m o d a t i o n " shall 25
be construed a c c o r d i n g l y ;
I 0
" illness " includes injury a n d disability requiring
medical treatment or n u r s i n g ;
" insurance committee " m e a n s a n insurance committee
constituted under the N a t i o n a l Health I n s u r a n c e Act, 30
1936;
" local authority " m e a n s the council of a c o u n t y or
c o u n t y b o r o u g h , t h e C o m m o n Council of the City of
L o n d o n , the council of a metropolitan b o r o u g h and
the council of a c o u n t y district, a n d also i n c l u d e s - 3 5
(a) a n y joint h o a r d constituted u n d e r the Public
H e a l t h Act, 1936, or u n d e r the Public Health
(London) Act, 1036, or a n y e n a c t m e n t repealed
b y those Acts, or a n y p o r t health authority con­
stituted u n d e r those Acts or under a n y Act passed 40
before those A c t s ;
(6) a n y visiting committee, constituted under
section seven of the Mental T r e a t m e n t Act, 1930,
a n y joint visiting committee constituted under
section two h u n d r e d a n d fifty-three of the Lunacy 45
Act, 1890, a n y joint mental hospital b o a r d
constituted u n d e r a n y local Act a n d a n y joint
b o a r d or joint committee constituted u n d e r section
twenty-nine of the Mental Deficiency Act, 1913;
(c) the King E d w a r d
Memorial Association;
5
VII
Welsh
National
" local education authority " has the s a m e m e a n i n g a s
in the E d u c a t i o n Act, 1944;
" medical " includes surgical;
JO
" medical practitioner "
practitioner ;
means
a
registered
medical
" officer " includes s e r v a n t ;
" patient " includes a n expectant o r nursing m o t h e r a n d
a lying-in w o m a n ;
15
" prescribed " m e a n s prescribed b y regulations m a d e b y
the Minister u n d e r this Act;
" r e g i s t e r e d n u r s e " m e a n s a nurse registered in the
register of nurses established u n d e r the Nurses Regis­
tration Act, 1 9 1 9 ;
20
" registered p h a r m a c i s t " means a p h a r m a c i s t registered
in the register of p h a r m a c e u t i c a l chemists or the
register of chemists a n d druggists;
" regulations " m e a n s regulations m a d e b y the Minister
u n d e r this Act;
25
" teaching hospital " m e a n s a hospital or g r o u p of
hospitals designated b y the Minister as a teaching
hospital u n d e r P a r t I I of this A c t ;
" university " includes a university college;
" v o l u n t a r y " m e a n s not carried o n for profit a n d not
provided b y a local authority.
30
( 2 ) References in this Act to the use of a n y premises or
property shall be construed as referring t o the n o r m a l use of
those premises or t h a t p r o p e r t y or, in a case where the
premises or p r o p e r t y are intended to be normally used for
35 r y purpose b u t h a v e n o t been so used, as referring to that
intended use.
n
(3) Any reference in this Act to a n y enactment shall be
construed as a reference to t h a t enactment as a m e n d e d b y any
subsequent enactment including this Act.
12
G 2
A.D. 1 9 4 6
PART
VI.
—COM.
A.D. 1946.
,1
-
71.—(1) This Act m a y be cited as the National Health
Service Act, 1946.
PART VI.
—cont.
o rm
t et:i t l e ,
cSoh m
ment and
extent.
( ) This Act, except subsection (2) of section fifty-eight,
shall n o t extend to Scotland or to N o r t h e r n Ireland.
(j) T h e Minister m a y b y o r d e r direct t h a t this Act shall,­
subject to such exceptions, adaptations a n d modifications, if
a n y , as m a y be specified in the order, extend to the Isles of
Scilly, b u t except as so applied this Act shall n o t extend to
t h e said Isles.
2
[The Minister m a y b y a n y such order a m e n d or repeal any
provisions contained in the Isles of Scilly Orders, 1927 to 1943.
S C H E D U L E S .
F I R S T
, A.D. i 6 .
9 4
S C H E D U L E .
CENTRAL COUNCIL AND ADVISORY COMMITTEES.
- :
Constitution of Central Council.
The number of members of the Central Council shall be forty-one of whom six shall be the persons for the time being holding the offices of the President of the Royal College of Physicians of London, the President of the Royal College of Surgeons of England, the President of the Royal College of Obstetricians and Gynaecologists, the Chairman io of the Council of the British Medical Association, the President of the
General Medical Council and the President of the Society of Medical
Officers of Health, respectively; and of the remaining thirty-five
members, who shall be appointed by the Minister,—
(a) fifteen shall be medical practitioners of whom two shall be
15
selected for their knowledge of mental illness and mental
defectiveness;
(6) five shall be persons with experience in hospital management;
(c) five shall be persons with experience in local government;
(d) three shall be dental practitioners ;
20
(e) two shall be persons with experience in mental health services ;
(/) two shall be registered nurses ;
(g) one shall be a certified midwife ; and
(h) two shall be registered pharmacists ; and before appointing any of the persons specified in sub-paragraphs 25 (a) to (h), respectively, the Minister shall consult with such organisations
as he may recognise as representative of those persons.
5
Supplementary Provisions.
1. The Minister may make regulations as to the term of office and conditions of retirement of the members of the Central Council and of 30 any standing advisory committee constituted under section three of
this Act.
2. The proceedings of the Central Council or of any standing advisory committee shall not be invalidated by any vacancy in the membership of the Council or committee or by any defect in the 35 appointment or qualification of any member thereof.
3. The Minister shall appoint a secretary to the Central Council and to each standing advisory committee, and the Central Council and any standing advisory committee may also appoint a secretary to the Council or the committee, as the case may be, who shall act jointly with the 40 secretary appointed by the Minister.
4. The Central Council may appoint such committees, and any
standing advisory committee may appoint such sub-committees, as
they think fit, to consider and report upon questions referred to them
by the Central Council or standing advisory committee, as the case
1 S T SCH.
—cont. may be, and any such committee or sub-committee may include persons
who are not members of the Central Council or standing advisory
committee, as the case may be.
5. Such expenses incurred by the Central Council or by a standing
advisory committee as the Minister may, with the approval of the 5
Treasury, determine shall be defrayed out of moneys provided by
Parliament.
6. The Central Council and any standing advisory committee shall
elect one of the members of the Council or committee, as the case may
be, to be chairman of the Council or committee, and shall have power
to regulate their own procedure.
10
SECOND SCHEDULE.
ACQUISITION OF HOSPITAL PROPERTY OTHER THAN LAND.
1. Where under Part II of this Act, in connection with the acquisition
of any hospital, the Minister proposes to acquire any property other 15
than land held by the governing body of the hospital for the purposes
of the hospital, he may, a t any time after the acquisition ot the
hospital (in the case of acquisition by agreement) or at any time
after the seivice of the notice to treat (in the case of the compulsory
acquisition of a hospital), serve a notice on the said governing body 20
specifying the property other than land proposed to be acquired, and
specifying the time within which and the manner in which any objection
to such acquisition may be made.
2. If any objection is duly made, the Minister shall afford to the said
governing body an opportunity of appealing before and being heard 5
by a person appointed by him for the purpose, and after considering
any such objection and the report of the person so appointed by him,
the Minister shall either withdraw the notice aforesaid or serve upon
the governing body a notice confirming that notice.
2
0
3. The property with respect to which a notice is served under 3
paragraph 1 of this section and is not withdrawn shall—
. (a) if no objection is duly.made to the notice, vest in the Minister
at the expiration of the time for making such an objection;
(b) if such an objection is duly made and the notice is confirmed
by a notice served under the last foregoing paragraph, vest **
in the Minister on the service of the last mentioned notice;
and shall in each case vest free of any mortgage, pledge, lien or similar
obligation.
4. Where any property is acquired in accordance with this Schedule,
there shall be paid by way of compensation to the governing body 4
of the hospital concerned a sum equal to the price which that body
might reasonably have been expected to have obtained upon a sale
ot the property effected by that body immediately before the acquisition
of the property by the Minister, and any dispute as to the amount of
such compensation shall be determined by arbitration.
^
5. Where property in iespect of which compensation is payable A . D . 1 9 4 6
as afoiesaid was, immediately befoie the acquisition thereof by the
Minister, in the possession of the said governing body by virtue of
2ND SCH.
a hire purchase agreement, the owner of the propeity may, by a notice
— ­
5 served on the Minister, make a claim to have apportioned to him such part of the compensation as may be specified in his claim ; and in default of agreement between the paities the claim shall be determined by arbitration and the arbitrator may apportion the compensation between the said governing body and the owner in such manner as 10 appeals to him to be just.
6. Where any sum by way ot compensation is paid in accordance with this Schedule in respect of any property and, at the time when the compensation accrues due, the property is subject to any mortgage, pledge, lien or similar obligation, the sum so paid shall be deemed 15 to be compiised in that mortgage, pledge, lien or other obligation.
c o n t
T H I R D S C H E D U L E .
REGIONAL H O S P I T A L B O A R D S , H O S P I T A L M A N A G E M E N T
COMMITTEES
AND BOARDS O F GOVERNORS O F TEACHING
HOSPITALS. PART
2 0
I.
Constitution of Regional Hospital
Boards.
A Regional Hospital Board shall consist of a chairman appointed
by the Minister and such number of other members so appointed as
the Minister thinks fit, and the members shall include— (a) persons appointed after consultation with the university
25
with which the provision of hospital and specialist services
in the area of the Board is to be associated ;
(6) persons appointed after consultation with such organisations
as the Minister may recognise as representative of the medical
profession in the said area or the medical profession generally ;
30
and
(c) persons appointed after consultation with the local health
authorities in the said area. At least two of the members of the Board shall be persons with
experience in mental health services. 35
PART
II.
Constitution of Hospital Management
Committees.
A Hospital Management Committee shall consist of a chairman
appointed by the Regional Hospital Board for the a r e a in which the
hospital or group of hospitals is situated and such number of other
40 members so appointed as the Board thinks fit, and the members
shall include— (a) persons appointed after consultation with any local health
authority whose area comprises the a i e a or any part of the
area served by the hospital or group ; 3RD SCH. —cont.
(b) persons appointed after consultation with any Executive
Council (constituted under Part IV of this Act) whose area
comprises the area or any part of the area served by the
hospital or group ; and
(c) persons appointed after consultation with the senior medical ­
and surgical staff employed at the hospital or, as the case
may be, at any hospital of the group.
PART
Constitution of Boards
III.
of Governors
of teaching hospitals. The Boai d ot Governors of a teaching hospital shall consist of a JO
chairman appointed by the Minister and such number of other
members so appointed as the Minister thinks fit, and of those members—
(a) not less than one-fifth shall be nominated by the university
with which the hospital is associated ;
(b) not less than one-fifth shall be nominated by the Regional 15
Hospital Boaid for the area in which the hospital is situated;
and
(c) not less than one-fifth shall be nominated by the medical
and surgical teaching staff of the hospital.
PART IV.
Supplementary
provisions.
20
1. Regional Hospital Boards and Boards of Governors of teaching
hospitals shall be bodies corporate with perpetual succession and a
common seal and with pewer to hold land without licence in M O I tmain.
2. The Minister may make regulations—
2j
(a) making further provision with respect to the appointment of
the members of the bodies constituted under the foregoing
provisions of this Schedule, and pioviding for their term of
office and conditions of retirement ;
(b) providing for the payment to such members of such travelling 3
and subsistence allowances as may be prescribed; and
(c) providing for the procedure of those bodies, including the
appointment of committees consisting wholly or paitly of
members of those bodies.
0
3. The proceedings of any body constituted under the foregoing 35
pi ovisions of this Schedule shall not be invalidated by any vacancy in
the membership of the body or by any defect in the appointment or
qualification of any member thereof.
FOURTH
SCHEDULE.
PROVISIONS AS TO LOCAL HEALTH AUTHORITIES.
PART
I.
Joint Boards.
5 1 . A joint board constituted under section seventeen of this Act shall
be a body corporate with perpetual succession and a common seal
and power to hold land for the purposes of their functions without
licence in mortmain.
2 . An order constituting such a joint board—
10
(a) may, without prejudice to the provisions of section two
hundred and ninety-three of the Local Government Act,
1 9 3 3 , and section one hundred and ninety-six of the London
Government Act, 1 9 3 9 , (which authorise the application of
the provisions of that Act to joint boards), provide for
ig
regulating the appointment and term of office and conditions
of retirement of members of the board, for regulating the
meetings and proceedings of the board, and for the payment
of the expenses of the board by the constituent local health
authorities ;
20
(&) may confer on the board the like powers for the compulsory
purchase of land as are exercisable by local health authorities ;
(c) may contain such other provisions (including provision for
the transfer and compensation of officers, the transfer
of property, rights and liabilities, and the adjustment of
25
accounts and apportionment of liabilities) as appear to t h e
Minister to be expedient for enabling the board to exercise
their functions;
(d) may apply to the board, with any necessary modifications
and adaptations, any of the provisions of Part II of this
30
Schedule.
PART
IE
Health Committees.
1. Every local health authority shall establish a health committee,
and all matters relating to the discharge of the functions of a local
35 health authority shall stand referred to the health committee, and
the authority, before exercising any such functions, shall consider
a report of the health committee with respect hereto :
Provided that an authority may dispense with such a report if, in
their opinion, the matter is urgent or has been sufficiently considered
40 and reported upon by a divisional executive established under section
twenty of this Act.
2 . A local health authority may authorise the health committee to
exercise on their behalf any of their functions under this Act, except
the power to borrow money or to levy or issue a precept for a rate.
45 3- At least a majority of the health committee of a local health
authority shall be members of the authority.
4. The health committee of a local health authority may establish
such sub-committees as the health committee may determine, and
12
H
A..D. 1 9 4 6 .
4 T H SCH.
— '
c o n t
any sub-committee established under this paragraph shall be consti­
tuted in such manner as may be determined by the health committee,
and at least a majority of every sub-committee shall be members of
the local health authority.
5. The health committee of a local health authority may authorise 5
any sub-committee to exercise on their behalf any functions of the
health committee.
FIFTH SCHEDULE.
EXECUTIVE
COUNCILS.
Constitution of Executive Councils.
10
1. An Executive Council shall consist of a chairman appointed by
the Minister and twenty-four other members of whom—­
(a) eight members shall be appointed by the local health authority
for the area of the Executive Council;
(b) four members shall be appointed by the Minister ;
15
(c) seven members shall be appointed by the Medical Practitioner
Committee;
(d) three members shall be appointed by the Dental Practitioner
Committee;
(e) two members shall be appointed by the Pharmaceutical 20
Committee.
Supplementary Provisions.
2. The Minister may make regulations—
(a) with respect to the appointment, term of office and proceedings
of an Executive Council, including the appointment of 25
committees, consisting wholly or partly of members of the
Council;
(6) with respect to the appointment, remuneration and conditions
of service of officers and the provision of offices by any such
Council, including the use by the Council, with 0130
without payment, of any offices of a local health authority,
but subject to the consent of that authority;
(c) for the payment to members of any such Council of
travelling allowances and subsistence allowances at the
prescribed rates, if the special circumstances of the area of 33
the Council appear to the Minister to justify such allowances;
(d) for payment by an Executive Council of sums, not exceeding
such sums as may be prescribed, as subscriptions to the
funds of any association of Executive Councils whose objects
are approved by the Minister, and for the payment at the 40
prescribed rates of any expenses reasonably incurred by
. representatives in attending meetings of any such association.
3. If the Medical Practitioner Committee, the Dental Practitioner A.D. 1 9 4 6 .
Committee or the Pharmaceutical Committee fail within such period
as the Minister may determine to appoint any member of the
5m S C H ,
Executive Council whom they are required to appoint, the appointment
— ­
5 shall be made by the Minister. 4. The proceedings of an Executive Council shall not be invalidated by any vacancy in the membership of the Council or by any defect in the appointment or qualification of any member thereof. 5. Every Executive Council shall be a body corporate and shall
10 have perpetual succession and a common seal and, subject to the
consent of the Minister, power to acquire and hold land for the
purposes of this Act without licence in mortmain.
c o n t
S I X T H
S C H E D U L E .
MEDICAL PRACTICES
COMMITTEE.
1 5
1. The Medical Practices Committee shall consist of a chairman,
who shall be a medical practitioner, and eight other members of whom
six shall be medical practitioners. Of the said six medical practitioners
at least five shall be persons actively engaged in medical practice.
2. The chairman and members shall be appointed by the Minister
20 after consultation with such organizations as the Minister may recognise
as representative of the medical profession.
3. The Minister may make regulations as to the appointment, term of office and conditions of retirement of the members of the Committee and as to their procedure. 2
5
4. The proceedings of the Committee shall not be invalidated by
any vacancy in the membership of the Committee or by any defect
in the appointment or qualification of any member thereof.
5. Such expenses incurred by the Committee, as the Minister may, with the approval of the Treasury, determine, shall be defrayed out 3 of moneys provided by Parliament, and the Minister may provide
such offices, and the services of such officers, as the Committee may
require.
0
SEVENTH SCHEDULE.
CONSTITUTION OF
TRIBUNAL.
1. The Tribunal shall consist of a chairman and two other members.
2. The chairman shall be a practising barrister or solicitor appointed by the Minister.
'
3- One of the other members shall be a person appointed by the . Minister after consultation with an association of Executive Councils
approved by the Minister for the purpose.
1 2
H 2
Q
A.D. 1946.
1
7TH S C H .
—conl.
a
4. The other member (hereinafter referred to as the " practitioner
member ") shall be one of a panel of six persons appointed by the
Minister consisting of a medical practitioner, a dental practitioner,
registered pharmacist, a medical practitioner practising as an
oculist, an optician engaged on sight-testing and an optician engaged 5
in dispensing, and the practitioner member shall, for the purpose of
the investigation of the case of any person, be such one of the six
persons aforesaid as belongs to the same profession as the person
whose case is being investigated.
5. If any of the members of the Tribunal is unable to act in any 10
case, the Minister may appoint in his place a deputy possessing similar
qualifications.
EIGHTH SCHEDULE.
ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED
B O A R D O FC O N T R O L T O M I N I S T E R .
The
Lunacy
Act,
FROM
JJ
1890.
The whole of Part VIII of the Lunacy Act, 1 8 9 0 , except sections
two hundred and twenty-three and two-hundred and twenty-eight.
The Lunacy
Act,
1891.
Section twelve.
20
The Mental
1913.
Deficiency Act,
Subsection ( 1 ) of section three. Subsection ( 2 ) of section five. Section twenty-one. Paragraphs (6), (c), and (/) of subsection (1) of section twenty-five. 2 5 Section thirty-six. Subsection ( 1 ) of section forty-nine. Subsection ( 1 ) of section fifty. Section fifty-eight. The
Mental
Treatment
1930.
Act,
Subsection ( 1 ) and paragraph (c) of subsection ( 3 ) of section one.
Paragraph (iii) of subsection ( 1 ) and subsection ( 3 ) of section five.
NINTH SCHEDULE
R E P E A L S A N D A M E N D M E N T S O F E N A C T M E N T S R E L A T I N G T O P E R S O N S OF
UNSOUND MIND AND MENTAL DEFECTIVES.
35
General
Adaptation.
In all enactments relating to persons of unsound mind and mental
defectives and in any documents issued thereunder references to a
mental hospital shall be construed as references to a mental hospital
vested in the Minister.
40
The
Criminal
Lunatics
Act,
1838
The whole Act shall be repealed.
The Poor
Law
9TH
Amendment
Act,
1867
Section twenty-three shall be repealed.
-
The
Criminal
Lunatics
Act,
1884
In subsection ( 2 ) of section seven for the words " and he shall be
deemed to be a rate-aided person of unsound mind " there shall be
substituted the words " and shall be deemed, for the purposes of the
Lunacy and Mental Treatments Acts, 1 8 9 0 to 1 9 4 6 , to be a summary
reception order made under section sixteen of the Lunacy Act, 1 8 9 0 ".
In section eight, subsections ( 1 ) and ( 2 ) shall be repealed; in sub­
section ( 3 ) for the words " the union or parish to which a person
will for the purpose of this Act be deemed to be prima facie charge­
able is in Scotland or Ireland " there shall be substituted the words
ig " the person is ordinarily resident in Scotland or Ireland " , and the
words " upon his becoming a rate-aided person of unsound mind "
shall be omitted.
Paragraphs ( 2 ) , ( 3 ) , ( 4 ) and ( 5 ) of section nine shall be repealed.
In section ten, in subsection ( 1 ) , the words from " and the costs of
2 0 maintenance " to the end of the subsection shall be omitted; and
subsection ( 3 ) shall be repealed.
I 0
The
Lunacy
Act,
1890
Throughout the Act for references to the visitors of a mental hos­
pital and the visiting committee of a mental hospital there shall be
25 substituted respectively references to members of the Hospital
Management Committee of a mental hospital and to such a
Committee.
In section four the words " a rate-aided person of unsound mind "
shall be omitted.
3 0 In section eight, in subsection ( 1 ) , the words " as a private patient "
shall be omitted.
Section thirteen shall be repealed.
For section fourteen, there shall be substituted the following
section: —
35
" 1 4 . — ( 1 ) If a duly authorised officer of the local health
authority—
(a) has reasonable ground for believing that a person in the
area of the authority is a person of unsound mind and
a proper person to be sent to a mental hospital; and
40
(b) is satisfied that there are no relatives or friends who
intend and are able to take proceedings by petition for
a reception order under the foregoing provisions of this
Act;
he shall, within three days, give notice thereof to a justice having
45
jurisdiction in the place where the said person is.
(a) A justice, upon receiving such a notice, shall by order
require the officer giving the notice to bring the said person
SCH,
—cont.
9TH
SCH.
before him or some other justice having such jurisdiction as afore­
said, at such time within three days of the receipt of the notice
and at such place as may be specified in the order."
—cont.
For section fifteen there shall be substituted the following section:
" 1 5 . — - ( i ) A duly authorised officer of the local health authority 5
or any constable who has reasonable ground for believing that
any person wandering at large in the area of the authority is
a person of unsound mind, shall immediately apprehend and take
the said person, or cause him to be apprehended and be taken
before a justice.
10
(2) Any justice, upon the information upon oath of any
person that a person wandering at large within the limits of his
jurisdiction is of unsound mind, may by order require any
constable or duly authorised officer of the local health authority
for the area where the said person is, to apprehend him and 15
bring him before the justice making the order, or any justice
having jurisdiction where the said person is."
In section sixteen the word " rate-aided " shall be omitted; and
for the words " relieving officer, overseer " there shall be substituted
the word " officer " .
20
In section seventeen the word " rate-aided '-' where that word first
occurs shall be omitted; and the words " whether a rate-aided person
or not "- shall be omitted.
Section eighteen shall be repealed.
For section
section: —
twenty
there
shall be
substituted
the
following 2 5
"
2 0 . — ( 1 )
If a duly authorised officer of the local health
authority or any constable is satisfied that it is necessary for
the public safety or the welfare of a person alleged to be of
unsound mind with regard to whom it is his duty to take any 3
proceedings under this Act, that the said person should, before
any such proceedings are taken, be placed under care and
control, the officer or constable may remove the said person
to any hospital or part of a hospital vested in the Minister
(whether a mental hospital, or not) which is designated by the 35
Minister for the purposes of this section, and the person in
charge of the said hospital or part shall receive and detain the
said person therein, but no person shall be detained under this
section for more than three days, and before the expiration of
that time either—
4
0
0
(a) the said person shall be released; or
(b) proceedings shall be taken to obtain a summary recep­
tion order or an order under the next following section
with respect to the said person; or
(c) the medical officer of the hospital shall certify that the 45
said person is of imsound mind and that.it is expedient
for his welfare that he should be detained at the hospital
for a further period before suoh proceedings are taken.
( 2 ) A certificate given by the medical officer of any such
hospital under the iforegoing subsection shall not authorise the
detention of the person concerned for a period of more than
fourteen days from the date of the Order."
5 In section twenty-one, in subsection (1), for the words " in the
workhouse of the union " there shall be substituted the words " in
any hospital or part of a hospital designated for the purposes of the
last foregoing section in the area of the Regional Hospital Board "
and for the words " in that workhouse " there shall be substituted
10 the word " therein "; and in subsection (3) the words " i n a work­
house " and the words " as to the detention of lunatics in work­
houses " shall be omitted.
In section twenty-three, in subsection ( 1 ) , the word " rate­
aided " shall be omitted and for the words " or workhouse " there
15 shall be substituted the words " o r a hospital or part of a hospital
designated for the purpose of section twenty of this Act " ; and in
subsection ( 2 ) the word " rate-aided " shall be omitted and for the
words " relieving officer of the district " there shall be substituted
the words " duly authorised officer of the local health authority "..
20 Sections twenty-four, twenty-five and twenty-six shall cease to
have effect.
For section twenty-seven the following section shall be sub­
stituted: — " 2 7 . Every summary reception order and every reception
25
order made by two or more Commissioners may authorise the
reception of the person named in the order in any mental hospital
in the area of the Regional Hospital Board in which he is
ordinarily resident or in which the place from which he is sent
is situated:
30
Provided that, if any such Board has a subsisting arrange­
ment with another such Board for the reception in any mental
hospital in the area of the latter Board of mental patients of the
first-mentioned Board, the order may authorise the reception of
the said person in that mental hospital."
3 5 In section thirty-six, for the word " workhouse " there shall be
substituted the words " hospital or part of a hospital designated for
the purposes of section twenty of this Act " .
Subsection ( 1 ) of section thirty-seven shall be repealed.
In section thirty-nine, in subsection ( 1 ) for the words " reception
4 0 of a private patient " there shall be substituted the words " reception
of a patient under a reception order made on petition ''; and in sub­
sections ( 4 ) , ( 7 ) and ( 8 ) the word " private " shall be omitted.
In section forty, in subsection ( 3 ) the words " or workhouse "
shall be omitted; and subsection ( 5 ) shall be repealed. 4 5 In section forty-one, in subsection ( 1 ) , the words " if written by
a private patient " shall be omitted.
In section forty-two, in subsection ( 1 ) the words " unless there is
no private patient therein " , and the word " private " , wherever it
subsequently occurs in the said section, shall be omitted. A.D. 1 9 4 6 .
9TH S C H .
—cont.
A.D. 1 9 4 6 .
9TH
3
H
cp ;tf '
Section fifty-four shall be repealed.
In section fifty-five, in subsection (2) the word " rate-aided "
^ ^ ^
ted
* f
e word " charge " there shall be substi­
tuted the words " expense of his maintenance " ; and subsection (6)
shall be repealed.
In section fifty-seven, in subsection (1) the word " rate-aided "
shall be omitted, and the words from " the application has been
approved " to " and that " shall be omitted; and in subsection (2)
for the words " the authority liable for the maintenance of the
lunatic " there shall be substituted the words " the Hospital 10
Management Committee " , after the word " shall " there shall be
inserted the words " if the Committee considers it reasonable so to
do " , and for the words from " such authority " to " delivered
over " there shall be substituted the words " the Committee " .
s
a
e
0 I T u t
a n c
or
tft
Sections sixty and sixty-one shall be repealed.
15
In section sixty-three the word "rate-aided " shall be omitted.
For section sixty-four there shall be substituted the following
section:—
" 64. Any two members of the Hospital Management Com­
mittee of a mental hospital to which a person of unsound mind 20
could have been sent under section twenty-seven of this Act may
order him to be removed to that hospital from any other mental
hospital in which he may be detained."
For section sixty-five there shall be substituted the following
section:—25
" 65. Any two members of the Hospital Management Com­
mittee of a mental hospital may order a person of unsound mind
in the hospital to be removed to any other mental hospital to
which he could have been sent under section twenty-seven of
this Act."
30
In section sixty-six the word " rate-aided " shall be omitted and
for the words from " any relieving officer " to " chargeable " there
shall be substituted the words '' the local health authority for the area
where the mental hospital is situated " .
In sections sixty-seven and sixty-nine, the word " rate-aided " 35
shall be omitted.
For section seventy-two, the following section shall be sub­
stituted: —
" 72.—(1) A patient detained in any institution for persons
of unsound mind, or under care as a single patient, shall, if he'
is detained under a reception order made on petition, be dis­
charged on a direction in writing given under his hand—
(a) by the person on whose petition the order was made; or
(b) if that person is dead or incapable by reason of insanity,
absence from England or otherwise of signing an order 45
for discharge, by the person who made the last payment
on account of the patient, or by the appropriate relative.
(2) A private patient detained as aforesaid, other than a
person to whom the last foregoing subsection applies, shall he
discharged on a direction in writing given under his hand by the
person who made the last payment on account of the patient
or by the appropriate relative.
(3) In any other case a patient detained as aforesaid shall be
i
discharged on a direction in writing given under his hand by the
appropriate relative.
(4) If there is no person qualified to direct the discharge of a
patient under this section, or no person able or willing to act, the
Board of Control may order his discharge.
jO
( 5 ) In this section the expression " appropriate relative "
means the husband or wife, or if there is no husband or wife, or
the husband or wife is incapable by reason of insanity, absence
from England, or otherwise of signing an order for discharge,
the father, or if there is no father, or if he is incapable as afore­
15
said, the mother, or if there is no mother, or she is incapable
as aforesaid, then any one of the next of kin."
Section seventj^-three shall be repealed.
In section seventy-six, paragraph (b) of subsection ( 1 ) shall be
oinitted.
20 In section seventy-nine, the word " rate-aided " and the words
" shall be no longer chargeable to any union, county or borough,
and " shall be omitted.
In section eighty, in subsection ( 1 ) the word " rate-aided " shall
be omitted, and for the words from " a relieving officer " to the
2 5 end of the subsection there shall be substituted the words " the
local health authority " ; and subsection (2) shall be repealed.
Section eighty-one shall be repealed.
In section eighty-three, in subsection ( 1 ) the words " in the case
of a patient not a rate-aided person " and the words from " and in
3 0 the case of " to the end of the subsection shall be omitted.
Section one hundred and thirty-two shall be repealed.
Sections one hundred and sixty-nine to one hundred and seventy-six
shall be repealed.
In section one hundred and seventy-seven, in subsection ( 1 ) , for the
reference to the Board of Control there shall be substituted a reference
to the Minister.
In section one hundred and eighty-seven, in subsection ( 1 ) the
word " rate-aided " , in both places when it occurs, shall be omitted.
Sections one hundred and eighty-nine and one hundred and ninety
4 0 shall be repealed.
In section one hundred and ninety-one, in subsections (2) and (3)
and in paragraph (6) of subsection (7) for references to the Board of
Control there shall be substituted references to the Minister.
In section one hundred and ninety-six, in subsection ( 1 ) the words
45 " rate-aided patients from other patients, and " shall be omitted.
Sections two hundred and one, two hundred and two and two
hundred and three shall be repealed.
In section two hundred and four, in subsection (1) the words " or
workhouse " shall be omitted.
t
12
I
^
ig^s.
.
9TH SCH.
D
:
c o n t
A.D. 1 9 4 6 .
-—
9TH SCH.
—cont.
In section two hundred and six, in subsection (3I the words from
" and the expenses " to the end of the subsection shall be omitted;
and subsection (4) shall be repealed.
Throughout Part VIII, except in sections two hundred and twenty­
three and two hundred arid twenty-eight, for references to the Board 5
of Control there shall be substituted references to the Minister.
In section two hundred and seventeen, in subsection (1) the words
from " not being a rate-aided person " to the end of the subsection
shall be omitted; and in subsection (2) the words " and two shillings
and sixpence " shall be omitted.
10
Sections two hundred and thirty-eight to two hundred and fifty-seven
shall be repealed.
In section two hundred and fifty-eight, in subsection (1), for the
words " visiting committee of a mental hospital " there shall be
substituted the words '' Regional Hospital Board for the area in which rr
any mental hospital is situated " and the words " with the consent '
of the local authority by whom they are appointed and of the Minister
of Health " shall be omitted; in subsection (2) for the word " com­
mittee " there shall be substituted the word " Board " ; and in sub­
section (3) for the words " a visiting committee " and " the com- 20
mittee " there shall be substituted the word " Board " .
In section two hundred and fifty-nine, for the words " visiting
committee " , in both places where they occur, there shall be sub­
stituted the words " Regional Hospital Board " the word " rate­
aided " shall be omitted.
25
Sections two hundred and sixty to two hundred and seventy-five
shall be repealed.
Section two hundred and seventy-six shall cease to have effect except
as respects the appointment and removal of a chaplain or other
minister of religion.
Sections two hundred and eighty-three and two hundred and eighty­
four shall be repealed.
In section two hundred and eighty-five, in subsection (1), for the
words " guardians of the union " there shall be substituted the words
" local health authority " and the words from " and also " to the end 35
of the subsection shall be omitted; and subsection (2) shall be repealed.
Sections two hundred and eighty-six to three hundred and fourteen
shall be repealed.
In section three hundred and fifteen, in subsection (2), the words
" or workhouse " shall be omitted.
40
In section three hundred and twenty-four, the words " or work­
house ' shall be omitted.
In section three hundred and twenty-five, in subsection (1), for
paragraph (c) there shall be substituted the following p a r a g r a p h : ­
" (c) by the secretary of a Regional Hospital Board for an
offence by any person employed by the Board " .
In section three hundred and twenty-six, for paragraph (c) there
shall be substituted the following paragraph: —
" (c) When recovered by the secretary of a Regional Hospital
Board, to the treasurer of the Board ".
50
In section three hundred and twenty-nine, after the references to the
" Board of Control " , in both places where they occur, there shall be
inserted references to the Minister and for the word " guardians",
in both places where they occur, there shall be substituted the words
5 " a local health authority " .
In section three hundred and thirty-eight, in subsection ( 1 ) for the words " with the approval of the Lord Chancellor " there shall be substituted the words " with the approval of the Minister and the concurrence of the Lord Chancellor " . jo
In section three hundred and forty-one for the definition of
"mental hospital" there shall be substituted the following
definition:—
" ' mental hospital ' means a mental hospital vested in the Minister " ; 15 and after the said definition there shall be inserted the following
definition:—
" ' the Minister' means the Minister of Health " ; and the definitions of "district mental hospital", "rate-aided person ", " visiting committee " and " workhouse " shall be 2 0 omitted, and for the definition of " private patient " there shall be
substituted the following definition:—
" ' private patient ' means a patient maintained wholly or partly at the expense of some person other than the Minister " . 25
The
Lunacy
Act,
1891.
In section two, in subsection ( 1 ) , for the words " relieving officer, or overseer " there shall be substituted the words " or officer of a local health authority"; and subsection ( 2 ) shall be repealed. Sections three, four, six and eleven are hereby repealed.
30 In section twelve for the reference to the Board of Control there
shall be substituted a reference to the Minister.
Sections thirteen to eighteen shall be repealed.
35
40
45
For section nineteen, the following section shall be substituted:—
" 1 9 . Where a person of unsound mind can no longer be main­
tained in a registered hospital or licensed house, the manager of
the hospital or house may give notice to the Regional Hospital
Board in whose area any mental hospital is situated to which the
said person could have been sent by a summary reception order
under section twerity-seven of the principal Act, if such an
order had been made at the time of the original reception order,
and thereupon the Board may by order direct the removal of the
said person to any mental hospital situated in the area of the
Board or in respect of which an arrangement subsists between
that Board and any other Regional Hospital Board for the
reception in a mental hospital situated in the area of the latter
Board of mental patients of the first-mentioned Board."
Section twenty-two is hereby repealed.
12
K
A.D. 1946.
9
t
h
S c h
c o n t
'
­
authority and a local health authority, respectively.
-In section three, in ^subsection (i) for the word " Board " there
shall.be substituted th*e words " Minister of H e a l t h " .
- I n , section five, in subsection (2) for the word " B o a r d " there
shall be substituted the words " Minister of Health " .
In section six, in subsection (3) the words " the managers of
which are willing to receive him " shall be omitted.
In section seven, in subsection (2A) after the word " B o a r d " there shall be inserted the words " o r the Regional Hospital Board in whose area the institution is situated " . In section nine the words '' the managers of which are willing
to receive him " shall be omitted.
IJ
Sections thirteen and fourteen shall be repealed.
In section fifteen, subsection (3) shall be repealed.
In section sixteen, at the end of subsection (2) there shall be added
the words " The reference in this subsection to the managers of
the institution for lunatics shall ibe. construed, in the.case of a mental' o
hospital, as a reference to the Hospital Management Committee of"
that hospital " .
In section twenty, paragraph (c) shall be repealed.
In section twenty-one for the words " Board of Control hereinafter
constituted '' there shall be substituted the words '' Minister of e
Health."
"
In section twenty-three, in subsection (1) the words " by a secre­
tary a n d " and the words " and other officers and servants",
in both places where they occur, shall be omitted; in subsection (2)
the word '' secretary '' and the words '' and other officers and 30
servants" shall be omitted; and in. subsection (3) the word
" secretary " and the words " officers and servants of the Board "
shall be omitted.
In section twenty-four, the words "secretary, officer or servant "
shall be omitted, and for the words " inspector, secretary'or officer " 35
there shall be substituted the words " or inspector " .
The functions of the Board of Control under paragraph (&),
paragraph (c), so far as it relates to certification and approval, and
paragraph (/) of subsection ( 1 ) of section twenty-five shall be exer­
cised by the Minister, and paragraph (e) shall be omitted.
40
Sections twenty-seven, twenty-eight and twenty-nine shall be
repealed.
In section thirty, paragraph (c) shall be. omitted, in, paragraph
(cc) the words " or have been sent to certified' institutions " shall
,.be omitted, in paragraph (e) the words "' maintained ,in an institution 45
or approved home or," and. the words " the/expenses , of., mainten­
ance in an, institution,.or..approved Home, or," shall "ibe'. omitted, and
in paragraph (/) the words " dying in "an' institution' or " shall be
omitted.
5
i ;
I 0
2
0
3
Subsection (i) of section thirty-three, and sections thirty-four to
thirty-nine shall ibe repealed.
In section forty-one, in subsection (i), paragraph (a) shall be
omitted, and for paragraph (/) there shall be substituted the
g following paragraph:—
" (/) the transfer of patients from one institution to another " .
In section forty-two, for the words " managers of " there shall be
substituted the words "Hospital Management Committee f o r " .
Section forty-three shall cease to have effect as respects orders
jo sending a person to a certified institution.
In section forty-four, in subsection (2A) the word " certified " shall
be omitted; in subsection ( 3 ) for the word " council " wherever
it occurs, there shall be substituted the words " local health
authority " ; and subsection (4) shall be repealed.
15 In section forty-six, in subsection (1) the words " of any certified
institution not provided by a local authority, or " and the word
" institutions " shall be omitted.
In sections forty-nine and fifty, for the word " Board " , wherever
it occurs, there shall be substituted the words " Minister of H e a l t h " :
2 0 In section fifty-four, in subsection ( 1 ) after the word " authority "
there shall be inserted the words " o r a Regional Hospital Board " .
In section fifty-eight, for the word " Board " there shall be sub­
stituted the words " Minister of Health " .
In section seventy-one, in subsection ( 1 ) for the definitions of
25 "institution " and " institution for defectives " there shall be sulb­
stituted the following definitions: —
" The expressions ' institution ' and ' institution for defectives '
mean an institution for defectives vested in the Minister of
Health " ;
30 the definitions of " S t a t e institution" and "certified institution"
shall be omitted and in the definition of " p l a c e of safety" the
words " workhouse or " shall be omitted; subsection ( 2 ) shall be
repealed; and in subsection ( 3 ) for the words " a county " there
shall be substituted the words '' the area of a local health authority '',
35 and for the words " the council of a county " there shall be sub­
stituted the words " a local health authority " .
The
Mental
Deficiency Act, 1 9 2 7 .
Sections six and eight and subsection ( 2 ) of section ten shall be
repealed.
40
The
Mental
Treatment
Act, 1 9 3 0
Throughout the Act for references to the local authority or a local
authority there shall be substituted references to the local health
authority or a local health authority;
In section one for the references to the Board of Control there shall
45 be substituted references to the Minister of. Health;
In section two, in subsections ( 1 ) and ( 2 ) for the words " visiting
committee" '" there shall be' substituted the words "Hospital Mariage­
merit Committee";
- '' ' - 0 v w 3 . r o
o o t o i
v o c k P s
;
T 7
9TH
SCH.
- c o rit i
A.D. 1 9 4 6 .
9TH S C H .
—cont.
In section five, in subsection ( 1 ) for the words " maintained by a
local authority " there shall be substituted the words " vested in the
Minister of Health " and for the first reference to the Board of
Control there shall be substituted a reference to the Minister of Health;
in subsection ( 3 ) for the reference to the Board of Control there shall 5
be substituted a reference to the Minister of Health; and in sub­
secions ( 6 ) , ( 7 ) and ( 9 ) for the words " visiting commitetee ",
wherever they occur, there shall be substituted the words " Hospital
Management Committee " , and in subsection ( 9 ) for the words
" Board of Control ", in both places where they occur, there shall be 0
substituted the words " Minister of Health " ;
Sections six to ten shall be repealed;
In section eleven, in subsection ( 1 ) for the word " four " there shall
be substituted the word " five " ; and in subsection ( 3 ) after the word
" two " there shall be inserted the words " or, if there are five senior 1 3
commissioners other than the chairman, three " ;
Section twelve shall be repealed;
In section seventeen for the words " with respect to a rate-aided
person " there shall be substituted the words " other than an order
authorising the reception of a person in a licensed house or registered 20
hospital ", and proviso (ii) shall be omitted;
Sections eighteen and nineteen shall be repealed;
In section twenty, subsections ( 1 ) and ( 2 ) shall be repealed;
In section twenty-one, in subsection ( 1 ) for the words " maintained
by a local authority " there shall be substituted the words " vested 5
in the Minister of Health and designated by him ''; and subsection ( 2 )
shall be repealed.
T
2
ELEVENTH
PART
REPEALS
SCHEDULE.
I.
AND AMENDMENTS I NPUBLIC HEALTH ACT, 1936, AND
PUBLIC HEALTH (LONDON) ACT, 1936.
The Public Health Act,
3
0
1936.
Subsection ( 3 ) of section one hundred and forty-three shall have
effect as if local health authorities were included among the authorities
therein specified.
3o
Where the local health authority is the council of the county or all
the functions of a local health authority are being exercised by a
joint board, it shall be the duty of the medical officer of health of any
local authority (for the purposes of the Public Health Act, 1 9 3 6 ) for the
part of an area of the local health authority who receives a certificate or 4
notice under section one hundred and forty-four of the said Act to send
a copy thereof within twelve hours after its receipt to the local health
authority.
0
6 & i o G E O . 6.
National Health
Service.
67
Where a copy of any such certificate has been sent to the local A.D. 1 9 4 6 .
health authority under this paragraph, and any fee has been paid for
that certificate by the local authority the fee shall be repaid to the I I T H S C H .
authority by the local health authority.
'
5 Section one hundred and seventy shall have effect as if local health authorities were included among the authorities therein specified. Section one hundred and seventy-one shall cease to have effect. Section one hundred and seventy-two shall have effect as if local health authorities were included among the authorities specified 10 therein, and paragraph (i) of subsection (5) and the words in that
subsection " pay the whole and such part, if any, as they think fit of
the said cost and " shall be omitted.
Sections one hundred and seventy-three and one hundred and seventy-four shall cease to have effect. 15 Section one hundred and seventy-five shall have effect as if for the
references to councils of counties and county boroughs there were
substituted references to local health authorities.
Sections one hundred and seventy-six to one hundred and seventy­
eight shall cease to have effect. 20 Section one hundred and seventy-nine shall have effect as if local
health authorities were included among the authorities specified
therein.
Sections one hundred and eighty to one hundred and eighty-six shall cease to have effect. 5 Sections one hundred and eighty-seven to one hundred and ninety­
three and section one hundred and ninety-nine shall have effect as if
for the references to the council of a county or county borough there
were substituted references to the local health authority.
Section one hundred and ninety-four shall cease to have effect.
3 Section one hundred and ninety-six shall have effect as if local
health authorities were included among the authorities therein specified.
Section one hundred and ninety-seven shall cease to have effect.
Section two hundred and three of the Public Health Act, 1 9 3 6 shall
have effect as if for the references therein to a welfare authority there
35 were substituted references to a local health authority, and subsection
(4) of the said section shall cease to have effect. Section two hundred and four shall cease to have effect. Subsection ( 1 ) of section two hundred and nineteen shall have effect as if local health authorities were included among the authorities
4 specified in paragraph (a) thereof and as if after paragraph (c) the
following paragraph were inserted :—
" (d) which is a voluntary hospital providing hospital and specialist
services under the National Health Service Act, 1 9 4 6 . "
c o n t
2
0
0
The Public Health (London)
Act, 1 9 3 6 .
45 Section thirteen shall cease to have effect.
In subsection ( 1 ) of section two hundred and one the words " a t the expense of the sanitary authority for the district in which the said person is found " shall be omitted. A.D. 1 9 4 6 .
In subsection ( 1 ) of section two hundred and two the words " at
the expense of the county council" shall be omitted.
IITH SCH.
-cont.
' -'
.
.
.
Sections two hundred and nineteeji to, two, hundred, and twenty­
three shall cease to. have effectIn subsection, ( 1 ) . of section two, hundred and twenty-four for the 5
words " the county council" there shall be, inserted the words "and
the local health authority for the area comprising the administrative
County of London," and an subsection ( 2 ) after the word " p l a c e "
there shall be added the words "Mother than a hospital providing
hospital and specialists services under "the. National Health Service 1 0
Act, 1 9 4 6 .
Sections two hundred and twenty-five to two hundred and thirty-two
shall cease to have effect.
Section two hundred and thirty-three shall have effect as if for the
references to the county'council there were substituted references to *5
the local health authority for the area comprising .the administrative
County of London.
Sections two hundred and forty and-two hundred and forty-nine
and sections two hundred and fifty-one to two hundred and fifty-four
shall cease to have effect.
20
Section two hundred and fifty-five of.the Public. Health.(London)
Act, 1 9 3 6 , shall have effect as if for the references therein to the county
council there were substituted references to, the, local health authority
for the area comprising the administrative county oh London."'
;
PART I I .
. J .K if". it:'t,
OTHER
Session a n d .
Chapter.
REPEALS.
& 3 1 Viet.
c. 8 4 . 34, & 3 5 c t ­
c, 9 8 . 3 7 & "38 V i e t .
c- 7 5 ­
6 1 & 6 2 Viet.
c. 4 9 .
The Vaccination
7 E J 1 V V 7 . c. 3 1
The Vaccination
30
V i
E x t e n t of R e p e a l .
Short Title.
Act,
T h e whole Act.
1867.
T h e Vacpinatiorj, A c t ,
The.,
whole. A c t ,
30
' 187.1".'
The Vaccination
1874.
"
"
W
F
T
Act,
T h e whole. A c t .
Act,
T h e w h o l e Apt-
Act,
T h e whole A c t .
Act,
S u b s e c t i o n ( 4 ) of s e c t i o n 1 4 .
R
The Vaccination
1898.
35
1907."
8
&
9
Geo. 5 .
c. 4 3 .
The
Midwives
1918.
r i & . . 1 2 Geo. 5 .
c. 1 2 .
The
Public
Health
(Tuberculosis)
Act,
Geo. 5 .
The Local Gqyernment
Act, 1929.
""'"
Sections [ 4 and] 5 .
1921.
19
& 20
c. 1 7 .
S e c t i o n 2 ; s u b s e c t i o n (3) of
section" 5; s e c t i o n s n , 62, 93 45
and f o r ;
s u b s e c t i o n s (2)
a n d (3) of s e c t i o n 102 ; and
p a r a g r a p h 4/ of "the" Third
S c h e d u l e . ' ''
187
Session a n d Chapter. Short Title.
E x t e n t of R e p e a l .
I I T H SCH.
—cont.
20 & 2 1
c. 1 7 .
102 6
Geo. 5 .
The
Poor
Law
Act,
1930.
Geo. 5 . a n d
E d w . 8 . c.
1
The National Health
Insurance Act, 1 9 3 6 .
32­
15
202 6
Geo. 5 . a n d
iEdw.8.c.40.
The
Midwives
Act,
1936.
2 & 3 Geo. 6.
c. 1 3 .
The Cancer Act, 1 9 3 9
2 & 3 Geo.
c. 4 0 .
The London Govern­
m e n t Act, 1 9 3 9 .
i
6.
S u b s e c t i o n ( 2 ) of s e c t i o n 1 7 ;
in p a r a g r a p h (a) of s e c t i o n 6 7
t h e w o r d s " sick or " ; in
section 8 0 t h e words " medi­
cal o r o t h e r w i s e " ; in s u b ­
s e c t i o n ( 1 ) of s e c t i o n 1 2 3 t h e
w o r d s " sick, insane or " ;
and sections 1 2 6 t o 1 3 1 .
P a r a g r a p h (a) of s u b s e c t i o n ( 1 )
of s e c t i o n 3 2 ; s e c t i o n s 3 4 t o
43;
in s u b s e c t i o n ( 1 ) of
section 6 4 t h e words " and
an
Insurance
Committee
w i t h t h e a p p r o v a l of t h e
Minister shall " ;
sections
[70], 9 1 to 100, 1 1 7 to 1 2 0 ;
a n d p a r a g r a p h s 8 t o 1 7 of
the Third Schedule.
Sections 1, 2 , 3 a n d 4 .
Sections 1, 2 a n d 6 ; a n d sub­
s e c t i o n s ( 2 ) a n d ( 3 ) of sec­
tion 8 .
Section 1 9 3 .
NATIONAL HEALTH SERVICE. DRAFT
OF A
B I L L
To provide for the establishment of a
comprehensive health service for
England and Wales.
CCXV-F.
(7).
xst March, 1946.
12-5
(p. 3051)
US DOCUMENT I S
THE PROPERTY OP H I S BRITANNIC MAJESTY*S
GOVERNMENT)
TOP SECRET
28TH FEBRUARY,
19h6
COPY NO. CABINET
SUPPLY AND TRANSPORT
Note
by t h e S e c r e t a r y
ORGANISATION
of
the
Cabinet
The P r i m e M i n i s t e r h a s d i r e c t e d t h a t
c i r c u l a t i o n of the a t t a c h e d p a p e r ( C P . ( h 6 ) 8 7 ) s h a l l
be c o n f i n e d to t h e M i n i s t e r s t o be i n v i t e d t o the
m e e t i n g of t h e C a b i n e t a t which i t i s d i s c u s s e d , i . e .
members of t h e C a b i n e t , t h e M i n i s t e r of War T r a n s p o r t '
and t h e M i n i s t e r of Pood.
He a s k s t h a t M i n i s t e r s
r e c e i v i n g c o p i e s of t h e p a p e r s h o u l d t a k e s p e c i a l c a r e
to s a f e g u a r d i t s s e c r e c y .
By t h e Prime M i n i s t e r ' s d i r e c t i o n , a l l c o p i e s
of t h e p a p e r w i l l be r e c o v e r e d a f t e r the m e e t i n g of
t h e C a b i n e t a t which i t i s c o n s i d e r e d .
(Signed)
C a b i n e t O f f i c e , S . W . 1. ,
28th February,
19U6.
E.E.
BRIDGES.