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for the War Cabinet.
0J
738
March 191S
SECRET.
MINISTRY OF HEALTH
BILL.
MEMORANDUM BY THE MINISTER OE RECONSTRUCTION.
- 1. I C I R C U L A T E herewith a draft Bill providing for the
establishment of a Ministry of Health for England and Wales.
2. This proposal was submitted to t h e War Cabinet in Lord
Rhondda's memorandum (G.T. 361) dated t h e 27th March, 1917,
on " The U r g e n t Need for a Ministry of Health." The matter has
since t h a t date been continuously under consideration by Ministers
and others, and has aroused great public interest.
$
- 3. On t h e 11th October, 1917, t h e Prime Minister received a
deputation from representatives of Health Insurance Organisations,
introduced by Mr. J . H . Thomas, which urged t h e establishment of
a Ministry of "Health. In replying to t h e deputation on this point,
t h e Prime Minister emphasised t h e necessity of making fifll enquiry
into t h e relations between the various Departments concerned before
a Bill for. t h e establishment of the Ministry could be introduced in
Parliament.
On t h e 18th October Mr. Bonar L a w stated, in reply to a
question by Mr. Dillon in t h e House of Commons, t h a t t h e various
difficulties needing to be provided for in t h e establishment of a
Ministry had not reached any widely agreed solution, and that so
long as this was so, it was not possible to undertake to introduce a
Bill. H e added, however, t h a t steps were being taken which would,
it was hoped, secure substantial agreement among those who were
actively engaged in t h e work of National Health.
The d u t y of communicating with the Departments and other
bodies concerned was entrusted to me, and I am now in a position
to report t h a t substantial agreement with t h e terms of t h e draft Bill
has been secured between—
(a.) The Ministers concerned, namely, the Lord President of
the Council, the President of the Local Government
Board (subject to t h e reservations stated in paragraph 5
below), t h e Chairman of t h e National Health Insurance
J o i n t Committee, t h e President of t h e Board of
Education, t h e Secretary for Scotland (subject to
paragraph 9 below), t h e Chief Secretary for Ireland,
and t h e Financial Secretary to t h e Treasury.
(b.) The representatives of t h e four Associations of Local
Authorities, namely, t h e County Councils' Association,
the Association of Municipal Corporations, t h e Urban
District Councils' Association, and the Rural District
Councils' Association.
(c.) The Special Committee of representatives of Health
Insurance organisations, including both
Insurance
Committees and Approved Societies, formed for t h e
purpose of discussing t h e establishment of a Ministry of
Health.
­
(d.) The representatives of t h e British Medical Association,
who formed a Ministry of Health Committee to give
special consideration to these proposals.
4. I believe t h a t there is a widespread recognition of t h e
urgent need for a measure framed, on these lines, which will
[355]
concentrate in a single central Department the responsibility for
t h e main health services of the country, and will enable further
services to be transferred to the Department in due course. W i t h o u t
such a Ministry we are fighting with divided forces against the evils
which menace t h e nation's health, some of them already upon us,
others certain to arise as a result of the W a r . W e have to repair t h e
ravages of battle, and t h e diminished resistance to disease caused by
excessive work and strain among non-combatants; we are faced
already by.a grave shortage of hospital accommodation even for men
discharged from His Majesty's forces ; we ought to provide for t h e
harmonious development of extended health services for mothers and
infants; we ought to he forearmed against the spread of dysentery
and malaria and other diseases which may follow t h e return on
demobilisation of the millions who have been exposed to such
infections.
5. There are three points of which t h e W a r Cabinet should be
informed in regard to which reservations have been made by t h e
President of the Local Government Board. These points are :—
(a.) The title of the Bill.
(6.) The proposal in Clause 4 to establish a Consultative Council
of the Ministry of Health,
(c.) The provision in paragraph 1 of the First Schedule relating
to the Poor Law.
6. As to (a), t h e original title of the Bill was " A Bill for
establishing a Ministry of H e a l t h and Local Government for England
and Wales and for purposes connected therewith." I t subsequently
appeared t h a t the" name " Ministry of Health," together with the
explanatory words now included in the title, would be sufficient for
Parliamentary purposes, and on other grounds I would strongly urge
t h a t the new Ministry should be known as t h e Ministry of Health.
This view has been pressed upon me both by the British Medical
Association and t h e representatives of Health Insurance organisa­
tions, and it is in accordance with t h e Resolution passed by the
Conference of t h e Labour party held at Nottingham in J a n u a r y .
The representatives of local authorities and the President of the
Local Government Board would, however, prefer t h a t the Department
should be known as t h e Ministry of Health and Local Government;
but Mr. Hayes Fisher floes not desire to press the point " if t h e
shorter title will make for peace."
7. As to (6), t h e establishment of a Consultative Council of t h e
Ministry of Health is an indispensable condition of t h e agreement of
t h e British Medical Association and t h e Health Insurance organisa­
tions to t h e Bill. I t is regarded by t h e latter in part as a safeguard
compensating for t h e abolition of Commissioncrships in England and
W a l e s ; in part as replacing the existing Advisory Committees.
The County Councils' Association are also in agreement with t h e
proposal; t h e other three Associations of local authorities, while
they were unwilling to see this provision included in the Bill,
recognised t h a t it is essential for the purpose of securing general
agreement, and have undertaken not to oppose the provision. The
President of the Local Government Board is inclined to doubt
whether the clause should be inserted in the Bill as introduced, and
has expressed to me some apprehension t h a t the Council may under­
mine the responsibility of the Minister. I feel confident, after
conducting lengthy negotiations as to the powers and procedure of
the Council with many of those who are parties to t h e agreement as
to the Bill, t h a t t h e clause is necessary and t h a t the Council should
be of real value to t h e Minister of H e a l t h . The representatives of
local authorities, of the medical profession, and of t h e Health
Insurauce Organisations have all concurred in proposals as to the
Councils procedure which will be embodied in an Order in Council
and laid before Parliament, so t h a t any objections to its provisions
can then be expressed by Parliament and t h e public.
8. As to (c), I wish t o urge upon t h e W a r Cabinet t h a t t h e
time has come when t h e Government should decide to adopt t h e
principles of t h e report of t h e Local Government Committee presided
over by Sir Donald Maclean (on which Lord George Hamilton, t h e
Chairman of t h e Royal Commission on the Poor Law, sat), on the
transfer of functions of Poor Law authorities in Enorland a n d Wales,
a t least so far as health services are concerned. 1 think that t h e
Minister in charge of t h e Bill should be authorised to state on its
introduction t h a t the Government accept t h e recommendations of
t h e Committee t h a t services relating to the care and treatment of
t h e sick and infirm should not be administered as a part of t h e Poor
Law, b u t should be made a part of the general health services of t h e
community, and t h a t they regard it as a matter of urgency t h a t
effect should be given to these recommendations as soon as possible.
I need not enter at length upon the arguments in favour of this
course, b u t there is one point of increasing importance which cannot,
I believe, be met unless a decision in this sense is taken without
delay. There is throughout t h e country a most serious shortage of
accommodation in institutions for discharged sailors and soldiers who
require institutional treatment. The Ministry of Pensions^ have
recently been surveying t h e whole institutional accommodation of
the country, and t h e figures relating to six typical counties, three
in t h e north of an industrial character, and three in the south of a
rural character, clearly showed how large a part t h e Poor Law
hospitals played in the general hospital provision of t h e country,
t h e number of beds in general, special, and cottage hospitals being­
only one-sixth of t h e total.
The Ministry of Pensions are aware t h a t there is a strong
public feeling against subjecting these men to any taint of pauperism.
The suggestion t h a t this can be avoided by the Ministry of Pensions
taking over selected Poor Law Hospitals does not seem to me to be
adequate to meet t h e * situation, and I believe t h a t t h e bolder
measure which I would suggest will be generally welcomed.
The President of t h e Local Government Board urges t h a t
paragraph L of t h e First Schedule to t h e Bill should be omitted on
t h e ground t h a t it will excite controversy ; but I may point out t h a t
t h e publication of t h e report of Sir Donald Macleans Committee
has already excited t h e apprehension of t h e Poor L a w Authorities,
and I do not believe t h a t Parliamentary opposition on their behalf
would be so serious that it should for a moment be set against t h e
positive advantages of t h e policy which I suggest.
9. The Secretaiy for Scotland, while not objecting in principle to
t h e proposals as to Scotland in clause 3 , is submitting an alternative
proposal for amalgamating t h e Scottish Local Government Board
with t h e Scottish Insurance Commission, and appointing a Parlia­
mentary Uncler-Secretary to the Scottish Office.
This proposal
seems to me to involve a constitutional change which is not essential
to t h e main purpose of t h e Bill, and I should prefer to leave t h e
clause as it stands.
f
10. The position, therefore, is that the substantial measure of
agreement between those concerned, which was t h e condition of t h e
introduction of t h e Ministry of Health Bill, has been * secured, and
I submit t h a t t h e W a r Cabinet should authorise t h e introduction of
t h e Bill without delay.
C. A D D I S O N .
April 1918.
o
* Weekly Report of the Ministry, 9th to loth March, 1918.
Ministry of Health Bill.
MEMORANDUM.
The Bill consists of nine clauses and three schedules^ and
its objects m a y be briefly summarised as follows : CLAUSE 1 , CLAUSE 2 ( 1 ) , F I R S T
SCHEDULE.
These clauses provide for t h e establishment of a Ministry
of H e a l t h for E n g l a n d and Wales, which from t h e date of its
establishment will exercise all t h e powers and duties of t h e
Local Government Board, and of t h e English and Welsh Insur­
ance Commissions (which will cease to e x i s t ) ; also certain
powers and duties of the Board of Education in relation to t h e
health of. young children, determined on t h e lines of t h e agree­
m e n t made by Mr. H e r b e r t Eisher and. Lord Rhondda, and
the powers and duties of t h e Privy Council in relation to
midwiv.es.
;
The First Schedule contains: ­
( 1 ) A paragraph which has t h e effect of a n undertaking
by t h e Government t h a t any measure of poor laAV
reform will, on t h e one hand, leave those parts of
t h e poor law which are in t h e n a t u r e of general
health services within t h e Ministry of Health, and
will, on t h e other hand, assign the rest of t h e work
included in the term " P o o r L a w " as Parliament
may determine:
(2) A paragraph enabling t h e Medical Research Committee
to be re-constituted under the Committee of t h e
Privy Council already constituted for the purposes
of Scientific and Industrial R e s e a r c h :
(3) A paragraph providing for t h e future exercise of t h e
judicial powers and duties of t h e English and
Welsh I n s u r a n c e Commissions, these powers and
duties being t h e matters in which t h e Commis­
sioners are at present not subject to Ministerial
directions.
CLAUSE 2 (2),
(3),
(4),
(5);
SECOND
SCHEDULE.
Subclause (2) enables t h e Minister of H e a l t h to t a k e over
health powers from other Departments. On the introduction of
3-7
a
Ministry of Health Bill.
MEMORANDUM.
The Bill consists of nine clauses and three schedules j and
its objects m a y be briefly summarised as follows : CLAUSE 1 , CLAUSE 2 ( 1 ) , EIILST SCHEDULE.
These clauses provide for t h e establishment of a Ministry
of H e a l t h for E n g l a n d and Wales, which from t h e date of its
establishment will exercise all t h e powers and duties of t h e
Local Government Board, and of t h e English and W e l s h I n s u r ­
ance Commissions (which will cease to e x i s t ) ; also certain
powers and duties of the Board of Education in relation to t h e
health of. young children, determined on t h e lines of t h e agree­
m e n t made by Mr. H e r b e r t Eisher and- Lord Rhondda, and
the powers and duties of t h e Privy Council in relation to
mid wives.
;
The Eirst Schedule contains: ­
(1) A paragraph which has t h e effect of a n undertaking
by t h e Government t h a t any measure of poor k w
reform will, on t h e one hand, leave those parts of
t h e poor law which are in t h e n a t u r e of general
health services within t h e Ministry of Health, and
will, on t h e other hand, assign the rest of t h e work
included in t h e term " Poor L a w " as Parliament
may determine:
(2) A paragraph enabling t h e Medical Research Committee
to be re-constituted under the Committee of t h e
Privy Council already constituted for t h e purposes
of Scientific and Industrial R e s e a r c h :
(3) A paragraph providing for t h e future exercise of t h e
judicial powers and duties of t h e English and
Welsh I n s u r a n c e Commissions, these powers and
duties being t h e matters in which t h e Commis­
sioners are at present not subject to Ministerial
directions. .
CLAUSE 2 (2),
(3), (4),
(5);
SECOND SCHEDULE.
Subclause (2) enables t h e Minister of H e a l t h to take over
health powers from other Departments. On the introduction of
3-7
a
t h e Bill I t h i n k that a statement should he presented to Parlia­
m e n t explaining t h e inconveniences which arise from t h e present
division of h e a l t h powers between a large n u m b e r of Departments,
and indicating t h a t certain branches of health work, such as t h e
medical t r e a t m e n t of discharged members of H . M . Forces, and
t h e care of t h e mentally deficient, are particularly suitable for
early discussion between t h e Minister of H e a l t h and t h e Depart­
m e n t s a t present entrusted w i t h these m a t t e r s .
I t would overload t h e Ministry to transfer these additional
duties now. T h e proposals in t h e Bill equip t h e Ministry as
t h e Central D e p a r t m e n t of H e a l t h with wide powers, and t h e
wiser course, I t h i n k , is to give it t i m e a n d opportunity to
adjust a r r a n g e m e n t s for t a k i n g over additional duties in t h e
future.
Subclause (3) enables t h e Minister of H e a l t h to arrange
t h e transfer of subsidiary, parts of his work to other Departments
more appropriate to perform t h e m .
Subclauses (4) a n d (5) and t h e Second Schedule deal with,
t h e a r r a n g e m e n t s for transferring powers to or from t h e Minister.
CLAUSE 3.
This clause provides for t h e modifications in t h e present
position of t h e Scottish and I r i s h I n s u r a n c e Commissions and of
t h e National H e a l t h I n s u r a n c e Joint Committee which will be
necessary on t h e establishment of t h e Ministry. The clause is
drafted w i t h d u e regard t o t h e existing position of t h e members
of these bodies, and it is intended t h a t t h e relations of t h e
Chairman of the Commissions to their responsible Minister
should be maintained.
CLAUSE 4,
This clause provides for t h e appointment of a Consultative
Council of t h e Ministry of H e a l t h , and follows in principle
section 4 of t h e Board of Education Act, 1899, and section 58
of t h e National I n s u r a n c e Act, 1911, under which a Consulta­
ttye Committee to the Board of Education, and Advisory
Committees on H e a l t h I n s u r a n c e , were established.
CLAUSE 5.
'Tliis clause makes provision for t h e establishment of an
office of t h e Ministry of H e a l t h in Wales, and for t h e delegation
of the present powers; and duties of t h e Welsh Insurance Com­
missioners under the National I n s u r a n c e Acts to the officials of
t h e Ministry in t h e Principality. A provision of this kind is
required in view of t h e existing position of t h e W e l s h Insurance
Commission.
CLAUSE 6.
This clause provides for t h e p a y m e n t to the Minister of
H e a l t h of an a n n u a l salary of 5,000£. (now provided as the
salary of t h e President of t h e Local Government Board), and
makes other provisions in common form in regard to staff
transferred to t h e Ministry from t h e D e p a r t m e n t s mentioned
in clause 1, or subsequently employed by t h e Minister.
CLAUSE 7.
This clause provides t h a t t h e Minister of H e a l t h shall not
have to the seek re-election on his transfer to t h a t office from
another office, and makes other provisions in common form for
t h e transaction of t h e business of t h e Ministry, including t h e
appointment of one P a r l i a m e n t a r y Secretary to the Ministry. CLAUSE 8.
This clause provides for t h e submission of the drafts of
any Orders in Council prepared under t h e Act to both Houses
of Parliament, for giving publicity to t h e drafts, and for t h e
revocation. or variation of such Orders.
CLAUSE 9 .
This clause provides for t h e Act to come into operation a t
various dates as regards its various purposes, and makes other
incidental provisions in common form,
C . ADDISON.
March, 1 9 1 8 .
DRAFT
OF A
B
I
L
L
FOR
Establishing a Ministry of Health to exercise powers with A.D. 1918.
respect to Health and Local Government in England
and Wales, and for purposes connected therewith.
B
E it enacted by t h e 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 the same, as follows :-—
1. Eor the purpose of promoting t h e health of t h e people Esiablish­
t h r o u g h o u t E n g l a n d and Wales, and of securing the effective \ f .
.
,
..
'
,
.
,
Minister,
carrying out and co-ordination of measures conducive thereto,
and for t h e purpose of t h e exercise of t h e powers transferred or
conferred by this Act, it shall be lawful for H i s Majesty
10 to appoint a Minister of H e a l t h (hereinafter called " t h e
Minister " ) , who shall hold office during His Majesty's pleasure.
5
n(
ll t
o f
r
2.—(1) Subject to t h e provisions contained in the Eirst
Powers and
Schedule to this Act, there shall he transferred to the Minister— J". ?
Minister.
(
-j^
2Q
25
(a) all t h e powers and duties of the Local Government
Board;
(b) all the powers and duties of the I n s u r a n c e Commissioners
and the Welsh I n s u r a n c e Commissioners;
(c) all the powers of the Board of Education with respect
to attending to the health of expectant mothers and
nursing mothers and of children who have not
attained the age of five years and are not in
attendance at schools recognised by the Board o f
Education;
(d) all the powers of the Privy Council and of t h e Lord
President of the Council under the Mid wives Act
1902.
3-7
A
tl
s o f
A
- D
] 9 1 8
-
(2) I t shall be lawful for His Majesty from time to time byOrder in Council to transfer to t h e Minister any powers and
duties in E n g l a n d and Wales of any Government D e p a r t m e n t
which appear to H i s Majesty to relate to m a t t e r s affecting or
incidental to t h e health of t h e people or t h e service thereof.
5
(3) I t shall he lawful for H i s Majesty from
b y Order in Council to transfer from t h e Minister
Government D e p a r t m e n t any powers and duties of
which appear to H i s Majesty to be such, t h a t they
conveniently exercised and performed by some other
Department.
time to time
to any other
the Minister
can be more
Government 10
(4) H i s Majesty in Council m a y by -Order m a k e such
consequential and supplemental provisions as may be necessary
or expedient for t h e purpose of giving full effect to any transfer
of powers or duties by or under this section, and may make such 15
adaptations in the enactments relating to such powers or duties
as m a y be necessary to m a k e exerciseable by t h e Minister and
his officers or by such other Government D e p a r t m e n t and their
officers, as t h e case may be, the powers and duties so transferred.
(5) I n connection w i t h t h e transfer of powers and duties 20
to or from t h e Minister by or under this Act, t h e provisions set
out in t h e Second Schedule to this A c t shall have effect.
Consequeu-
cationsof"
Insurance
Acts.
3.--(1) The Scottish I n s u r a n c e Commissioners and t h e Irish
I n s u r a n c e Commissioners, in t h e carrying out of their powers
a n d duties under t h e National I n s u r a n c e (Health) Acts, 1911 to 25
1918, shall, except in such matters of a judicial character as
may be prescribed by Order in Council, act under t h e directions
of t h e Secretary for Scotland and of t h e Chief Secretary for
Ireland respectively, and further appointments of persons to be
Scottish I n s u r a n c e Commissioners and Irish Insurance Cominis­ 30
sioners shall, subject to t h e consent of the Treasury as to
numbers, he made by the Secretary for Scotland and t h e Chief
Secretary for Ireland respectively ; but, save as aforesaid, or as
otherwise expressly provided in this Act, nothing in this A c t
shall affect any of t h e powers or duties of the Scottish I n ­ 35
surance Commissioners or of the Irish I n s u r a n c e Commissioners.
(2) The National Health' Insurance J o i n t Committee shall
consist of t h e Minister of H e a l t h , who shall be chairman, t h e
Secretary for Scotland, and t h e Chief Secretary for Ireland,
together with one other person appointed by t h e Minister, 40
being a person having special knowledge and experience of
national health insurance in Wales, b u t save as aforesaid nothing
in this A c t shall affect t h e constitution of t h a t Committee or A.D. ibis.
t h e incorporation thereof.
'
Provided t h a t —
(a) His Majesty may by Order in Council provide for
5
the appointment of deputies to act for t h e several
members of t h e Committee at meetings of the
Committee at which such members are unable to
be p r e s e n t ; and
(b) Regulations under section eighty-three of t h e National
I n s u r a n c e Act, 1911, shall be made by Order in
Council instead of by t h e Treasury, and subsection
(4) of t h a t section shall apply to regulations made
by Order in Council in like manner as it applies
to regulations made by t h e Treasury, but nothing
in this provision shall affect t h e validity of a
regulation made by the Treasury under t h a t sub­
section before t h e commencement of this Act, with
respect to the powers and procedure of the Committee, and any such regulation shall continue in
force, until altered or revoked by regulations made
by Order in Council in pursuance of this provision.
10
15
20
. .
.
I t shall be lawful for H i s Majesty in Council by Order Consultative
to establish a consultative council for giving to the Minister
­
advice and assistance on matters relating to his powers and duties,
2 5 consisting of persons of both sexes having practical experience
of local government (including the administration thereof by
county, borough, and district councils), of public health, of
national health insurance (including the work of - approved
societies and insurance committees), of housing problems, of
3 0 hospital work, of general and special medical practice, of
research, and of pharmacy, and having such powers as may be
conferred on it by or under the Order.
4.
C 0 l l l l c l
5. The Minister may establish in Wales an office in such
town in Wales as he may determine, for t h e exercise and
35 performance in Wales, through such officers as the Minister
may appoint for t h e purpose, of any of t h e powers or duties
transferred to t h e Minister by this Act from t h e Welsh Insurance
Commissioners.
6.—(1) The Minister may appoint such secretaries, officers,
Provisions as
t 0
,l
Cs
'
Staff and
40 and servants as t h e Minister may, subject to t h e consent of the "muneraTreasury as to n u m b e r , determine.
3
A 2
A.D. 1918.
(2) There shalljbe paid out of moneys provided by P a r l i a m e n t
to t h e Minister an a n n u a l salary not. exceeding five thousand
pounds, and to "the secretaries, officers, and servants of the
Ministry such salaries or r e m u n e r a t i o n as the Treasury may
5
from time to time determine.
(3) The expenses of t h e Ministry, to such a m o u n t as may
be sanctioned by t h e Treasury, shall be paid out of moneys
provided by P a r l i a m e n t .
(4) There shall be transferred and attached to t h e Ministry
t h e persons employed u n d e r the Local Government Board, t h e 10
I n s u r a n c e Commissioners and t h e W e l s h I n s u r a n c e Commissioners,
and such of t h e persons employed under any other' Government
D e p a r t m e n t in or about the execution of the powers and duties
transferred by or under this Act to the Minister, as the Minister
and Government D e p a r t m e n t , with t h e sanction of the Treasury, 15
m a y determine.
(5) The Minister may from time to time distribute t h e
business of the Ministry amongst t h e several persons t r a n s ­
ferred or attached thereto in pursuance of this Act, in such
m a n n e r as h e m a y t h i n k right, and those officers shall perform 20
such duties in relation to t h a t business as m a y be directed by
the Minister:
Provided t h a t such persons shall be in no worse position as
respects t h e t e n u r e of office, salary or superannuation allowances
t h a n t h e y w ould have been if this Act had not been passed.
25
r
Se;tl, style
Minister
0f
7.—(1) The Minister may sue and be sued, and m a y for all
purposes be described, by t h e name of t h e Minister of H e a l t h .
(2) The Minister shall have an official seal, which shall be
officially and judicially noticed, and shall be authenticated by .
t h e signature of the Minister, or of a secretary, or any person 30
authorised by the Minister to act in t h a t behalf.
(3) Subsections (2) to (4) of section eleven and section twelve
of t h e New Ministries and Secretaries Act, 1916, shall apply to
the Minister and t h e Ministry of H e a l t h , and to the office of
t h e Minister of H e a l t h in like m a n n e r as they apply to the 35
Ministers and Ministries mentioned in those sections.
Provisions
as to Orders
in Council.
r e V
8.- ( l ) A n y Order in Council made under this Act m a y be
o k e d or varied by a subsequent Order.
"
(2) Before any Order in Council under this Act is made,
notice of the proposal to m a k e t h e Order and of the place where 40
copies of a draft of t h e Order can be obtained shall be published
y
in t h e " London Gazette," and in such other m a n n e r as t h e Minister A.D. 1918.
thinks best adapted for insuring publicity, a n d a draft of' t h e
, Order shall be laid before each House of Parliament for n o t
less t h a n thirty days on which such House is sitting, a n d if
5 either of such Houses before t h e expiration of such thirty days
present a n address to H i s Majesty against t h e draft, or a n y
part thereof, no further proceedings shall be taken thereon,
without prejudice to t h e m a k i n g of a n y n e w draft order.
9.—(1) This A c t m a y be cited as t h e Ministry of H e a l t h
1 0 Act, 1 9 1 8 , a n d shall come into operation upon such day or days
as m a y he appointed by Order in Council, and different days m a y
he appointed for different purposes a n d provisions of this A c t .
( 2 ) The enactments mentioned in t h e Third Schedule to
this A c t are hereby repealed to t h e extent specified in t h e
1 5 third column of t h a t Schedule.
(3) T h e expression " Government d e p a r t m e n t " includes t h e
I n s u r a n c e Commissioners, t h e W e l s h I n s u r a n c e Commissioners,
and a n y other public department a n d a n y minister of t h e Crown
who is President of a Government department.
S C H. E D U L E S.
FIRST
SCHEDULE.
PROVISIONS SUBJECT TO WHICH POWERS AND DUTIES
TRANSFERRED.
1. In the event of provision being made by Act of Parliament
passed in the present or any future session for the revision of the
law relating to the relief of the poor and the distribution amongst
other authorities of the powers exerciseahle by hoards of guardians,
it shah be lawful for His Majesty by Order in Council to transfer to
other Government Departments any of the powers and duties under
(he enactments relating to the relief of the poor by this Act trans­
ferred to the Minister, except such as appear to His Majesty to relate
or to be' incidental to the health of the people.
Short title,
^e"" ^
repeal, and
[" f ' "
1 6
t (
0 1
pi eta
1918.
2. The power conferred on the Insurance Commissioners bv the
proviso to subsection (2) of section sixteen of the National Insurance
Act, 1911, of retaining and applying for the purposes of research such ­
sums as are therein mentioned shall not be transferred to the Minister,
but it shall be lawful for His Majesty by Order in Council to establish 5
a body to cany on the work of research.
3. In such matters of a judicial nature under the National Insurance
Health) Acts, 1 9 1 1 to 1918, as may be prescribed by Order in Council
the- powers and duties of the Insurance Commissioners and the Welsh
Insurance Commissioners by this Act transferred to the Minister shall 1 0
be exercised by the Minister through a special body or special bodies
of persons constituted in such manner as may be provided by Order
in Council.
SECOND
SCHEDULE.
TRANSITORY PROVISIONS.
15
1. In the construction and for the purposes of any Act of Parliament,
judgment, decree, order, award, deed, contract, regulation, byelaw, or
other document passed or made before the transfer to or from the
Minister from or to any other Government Department of any powers
or duties hj or under this Act, but so far only as may be necessary for 2 0
the purpose of such transfer, the name of the Minister or of the
other Government Department shall he substituted for the name of
the other Government Department or of the Minister, as the case may
require.
J
2. Where anything has been commenced by or under the authority 2 5
of any other Government Department or the Minister before the transfer
to the Minister or another Government Department of any powers or
duties by or under this Act, and such thing is in relation to the
powers or duties so transferred, such thing may be carried on and
completed by or under the authority of the Minister or the other 3 0
Government Department as the case may be.
3. Where at the time of the transfer of any powers or duties by
or tinder this Act any legal proceeding is pending tc which any
Government Department or the Minister is a party, and such proceeding
has reference to the powers and duties transferred by or under this 3 5
Act, the Minister or the other Government Department shall be sub­
stituted in such proceeding for the other Government Department or the
Minister, as the case may be, and such proceeding shall not abate by
reason of the substitution.
[8 GEO. 5.]
7
THIRD SCHEDULE.
A.D. 1918.
REPEALS.
Section and
Chapter.
5 34 & 35 Viet.
c. 70.
Short Title-
The Local Government
Board Act, 1871.
1 & 2 Geo. 5 The National Insurance
c. 55.
i ' Act, 1911.
10
15
20
25
30
Extent of Repeal.
Sections three, four, five and six.
Paragraph (/;) of and the proviso to
. subsection (2) of section sixteen,
subsections (1), (2), (3) and (4) of
section fifty-seven, and section fifty­
eight, except so far as those sections
are applied to the Scottish Insur­
ance Commissioners and the Irish
Insurance Commissioners.
In subsection (1) of section eighty,
i he words " shall be appointed by
the Treasury, aud "
In subjection (1) of section eighty-one
the words " shall be appointed by
the Treasury, aud "
Subsections (1) and (2) of section
eighty-two.
Iu subsection (1) of section eighty­
three, the words "as soon as may
" be after the passing of this Act,
" in accordance with regulations
" made by the Treasury," and the
words from " of the several bodies
of Commissioners" to the end of
the subsectiou.
M i n i s t r y of H e a l t h .
D 1 1 A 3? T
OP A
B
I
L
L
FOR
E s t a b l i s h i n g a M i n i s t r y of H e a l t h t o
exercise powers w i t h respect to
H e a l t h a n d L o c a l G o v e r n m e n t in
E n g l a n d a n d W a l e s , a n d for p u r ­
poses c o n n e c t e d t h e r e w i t h .
IV.
(7.)
mil. March 1 9 1 8 .