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This
Guidance Notice seeks to give information to healers in Please
note that I am not a qualified legal practitioner and healers affected by
this legislation should seek professional legal advice as appropriate. Please
read the introductory guidance on the legislative process in the Chapter
13 of the Cancer Act 1939 is reproduced below under
the terms of Crown Copyright Policy Guidance issued by HMSO (Her Majesty’s
Stationery Office). Copyright is owned
by the Crown and information on reproduction rights may be found on the HMSO
website at http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/reproduction-of-legislation.htm
. Background In
the 1930s, the Government reviewed the existing provision for the treatment
of cancer and concluded that it would be appropriate to establish a statutory
responsibility for local authorities in Healers
need to be aware that this legislation creates an absolute prohibition for
people to make any comment or to undertake any action to give the impression
to people outside of the certain classes of person specified in the
legislation that they or any services or products which they can supply can
have any kind of healing effect upon cancer.
Could
visitors to this website please note that the Cancer Act to which I refer is
legislation that was passed originally for The
conditions attached to the reproduction of copyright legislative material
require that the full text of the legal instruments be reproduced. Partial
reproduction is not allowed. The full text is produced below, therefore, but
not all of it need be read. Part of it is related to the financial costs and
funding of the provision of cancer related healthcare infrastructure. If you
scroll down past the text in black, the text in blue indicates the relevant
part of the legislation that healers need to understand. Reproduction of the legislation Cancer Act, 1939. 2&3GEO.6.
CH.13. ARRANGEMENT OF SECTIONS Section. 1. Duty of local authorities. 2. Financial provisions. 3. Loans to National Radium Trust. 4. Prohibition of certain advertisements. 5. Interpretation. 6. Application to 7. Application to S. Short title, citation and extent.
CHAPTER 13. An Act to
make further provision for the treatment of cancer, to authorise
the Minister of Health to lend money to the National Radium Trust, to
prohibit certain advertisements relating to cancer, and for purposes connected with the matters
aforesaid.
[29th March 1939.] B e it enacted by the King’s most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:- 1.(1) It shall be the duty of the council of
every county and county borough in England and Wales to make arrangements to
secure that the facilities for the treatment of persons suffering from cancer
are adequate for the needs of the county or borough, and to submit its
arrangements for the approval of the
Minister within one year from the commencement of this Act or such longer
period as the Minister may in any case allow. (2) The
arrangements so submitted by any such council shall include arrangements (a)
for facilitating the diagnosis of cancer (b)
for the treatment of cancer either in hospitals maintained by the council or
in hospitals maintained by other councils or local authorities or in voluntary hospitals; (c)
for the payment in such cases as the council considers necessary, of all or
any travelling expenses (including the traveling
expenses of a companion) reasonably incurred by persons for the purpose of
availing themselves of the services provided under the arrangements; (d) for such other matters as appear incidental to or
consequential on the arrangements for the treatment of cancer. (3)
Before submitting arrangements to the Minister under this section a council
shall consult (a)
such committees or other bodies as the council considers to represent both
the governing bodies and the medical and surgical staffs of the voluntary
hospitals providing services in or for the benefit of its area; and (b)
such local organizations of registered medical practitioners as the council
considers to represent the opinions of such practitioners practicing in its
area on the questions to be considered in making the arrangements. (4) The
Minister may approve, either with or without modifications, any arrangements
submitted to him by a council under this section, and it shall be the duty of
the council to carry its arrangements as approved by the Minister into
effect. (5) A
council may from time to time, and shall when required by the Minister, make
and submit to the Minister alterations or extensions of the arrangements made
by the council under this section, and subsections (3) and (4) of this
section shall apply to any such alterations or extensions as they apply to
the original arrangements. (6)
Nothing in this section shall authorize the establishment by any council of a
general domiciliary service by medical practitioners. (7) The
Public Health Act, 1936, shall have effect as if this section, except in so
far as it relates to the London Country Council, were included in Part V of
that Act. (8)
Without prejudice to the provisions of any enactment enabling councils of
counties and country boroughs to co-operate or combine, the Minister may
require two or more councils to combine, to such extent and on such terms as
he may, in default of agreement between the councils concerned, direct, for
the purpose of making arrangements under this section. (9) Any
order or agreement constituting under any enactment a joint board or joint
committee to discharge the functions of two or more councils under this
section may provide for the co-option of such number of members of the board
or committee as may be specified in the order or agreement:
Provided that the number so specified shall not exceed one-third of
the total number of the members of the board or committee. 2.(1)The
following provisions of this section shall have effect with a view to
fulfilling the intentions of the Local Government Act, 1929. as declared by section one hundred and thirty-five
thereof, namely that in the event of material additional expenditure being
imposed on any class of local authorities by reason of the institution of a
new service after the commencement of that Act, provisions should be made for
increased contributions out of moneys provided by Parliament. (2) In
respect of the year ending on the thirty-first day of March nineteen hundred
and forty and of each subsequent year in the third and fourth fixed grant
periods, there shall be paid out of the moneys provided by Parliament, to the
council of every county and county borough in England and Wales (hereinafter
in the section referred to as a ‘‘council’’) on which additional expenditure
is imposed by this Act in respect of that year, a grant calculated to the
nearest pound by – (a)
multiplying by the weighting factor one-half the amount of the additional
expenditure so imposed on the council, and (b)
dividing the product by the average weighting factor;
Provided that the amount of the grant payable under this subsection to
any council shall not exceed seventeen-twentieths of the additional
expenditure so imposed on that council. (3) For
the fifth and every subsequent fixed grant period, the General Exchequer
Contribution shall include such increased contribution by reason of the
additional expenditure imposed on any council by the Act as Parliament may
hereafter determine. (4)
Grants payable under this section shall be payable at such times and in such
manner as the Treasury may direct and subject to such conditions as to
records, certificates, audit or otherwise as the minister may, with the
approval of the Treasury, determine. (5) For
the purpose of section one hundred and four of the Local Government Act, 1929
(which authorises the reduction of grants payable
under Part VI of that Act to a council which fails to maintain an efficient
service), grants payable under this section shall be deemed to be payable
under the said Part VI. (6) In
determining the purpose of section one of the Local Government (Financial
Provisions) Act, 1937, the amount of the rate and grant borne expenditure in
the year ending on the thirty-first day of March nineteen hundred and
forty-one , no account shall be taken of the additional expenditure imposed
on any council in respect of that year by this Act. (7) For
the purpose of this section, expenditure incurred by a council in respect of
any year in the provision of treatment for persons suffering from cancer
shall be deemed to be additional expenditure imposed by this Act on that
council in respect of that year if, and to the extent that, it is estimated
to exceed the expenditure so incurred by that council in respect of the year ended
on the thirty-first day of March nineteen hundred and thirty-eight. (8) Any
such estimate as aforesaid made for the purpose of subsection (2) or
subsection (6) of this section shall be made to the satisfaction of the
Minister in accordance with directions given to him after consultation with
such associations of local authorities as appear to him to be concerned and
with any council with which consultation appears to him to be desirable, and
any such directions (a)
may provide that expenditure incurred by any council in the provision of
treatment for persons suffering from cancer shall for the purposes of this
section require the approval of the Minister; and (b)may also provide that the amount of any expenditure so
incurred in respect of any particular services by a council, or by a council
of any class specified in the directions, shall be estimated by reference to
the estimated average net annual expenditure incurred in respect of those
services by all councils or by councils of that class. (9)In
this section the following expressions have the meanings hereby respectively
assigned to them:-
‘‘Average weighting factor’’ means the quotient obtained by dividing
the aggregate weighted population of all the counties and county boroughs of
‘‘Weighting factor’’, in relation to a county or county borough, means
the quotient obtained by dividing the weighted population thereof by the
estimated population thereof;
‘‘Estimated population’’, ‘’weighted population’’, ’’fixed grant
period’’ and ‘’General Exchequer Contribution’’ have the same meanings as in
the Local Government Act, 1929, as amended by any subsequent enactment. 3.(1)The Minister may lend
money to the National Radium Trust, on such conditions as the Treasury may
determine, for the purpose of enabling that Trust to purchase radium and
other radio-active substances and apparatus and appliances required for
radio-therapeutic treatment;
Provided that (a)
the sums lent under this section shall not in the aggregate exceed five
hundred thousand pounds; and (b) no money shall be lent under this section after the
expiration of ten years from the commencement of this Act. (2) Any
sums required by the Minister for the purpose of loans under this section
shall be paid out of moneys provided by Parliament. (3)The
principal of and the interest on any sums lent under this section shall by
virtue of this Act be charged on the undertaking and all the revenues of the
said Trust. (4)Any
sums received by the Minister by way of repayment of a loan under this
section or by way of interest shall be paid into the Exchequer. 4.(1)No person shall take any part in the publication of any
advertisement
(a) containing an offer to treat any person for cancer, or to
prescribe any remedy therefore, or to give any advice in connection with the
treatment thereof; or
(b) by referring to any article, or articles of any description, in
terms which are calculated to lead to the use of that article, or articles of
that description, in the treatment of cancer.
(2) If any person contravenes any of the provisions of the foregoing
subsection, he shall be liable on summary conviction, in the case of a first conviction,
to a fine not exceeding fifty pounds, and, in the case of a subsequent
conviction, to a fine not exceeding one hundred pounds, or to imprisonment
for a term not exceeding three months, or to both such a fine and
imprisonment.
(3) Where, in any proceedings for a contravention of subsection (1) of
this section it is proved
(a) that an advertisement was published referring to any article, or
articles of any description, in terms calculated to lead to the use of that
article or articles of that description in the treatment of cancer; and
(b) that the advertisement also referred to the article or articles in
terms calculated to indicate that it or they were manufactured, produced,
imported, sold or offered for sale, by the person charged;
then, unless the contrary is proved, it shall
be presumed for the purpose of those proceedings that that person took part
in the publication of an advertisement, but without prejudice to the
liability of any other person. (4) In any proceedings for a contravention
of subsection (1) of this section, it shall be a defence
for the person charged to prove
(a) that the advertisement to which the proceedings related was
published only so far as was reasonably necessary to bring it to the notice
of persons of the following classes or of one or some of them, that is to
say,- (i) members of either House of Parliament or
of a local authority or of the governing body of a voluntary hospital; (ii)
(without prejudice to the generality of the foregoing sub-paragraph)
persons concerned in making or carrying into effect arrangements under
section one of this Act; (iii) registered medical
practitioners; (iv) registered nurses; (v) registered pharmacists and authorized
sellers of poisons; (vi) persons undergoing
training with a view to becoming registered medical practitioners, registered
nurses or registered pharmacists; (vii) persons carrying on a
business which includes the sale or supply of surgical appliances; or
(b) that the said advertisement was published only in a publication of
a technical character intended for circulation mainly amongst persons of the
classes mentioned in the last preceding paragraph or some or some of those
classes; or
(c) that the said advertisement was published
in such circumstances that he did not know and had no reason to believe that
he was taking part in the publication thereof.
(5) Nothing in this section shall apply in respect of any
advertisement published by a local authority or by the governing body of a
voluntary hospital or by any person acting with the sanction of the Minister.
(6) A prosecution for an offence under this section shall not be
instituted in
(7) Subject to the provisions of the last foregoing subsection, it
shall be the duty of the council of every county and county borough to
institute proceedings under this section.
(8) In this section, the expression ‘‘advertisement’’ includes any
notice, circular, label, wrapper or other document, and any announcement made
orally or by any means of producing or transmitting sounds. 5.(1) In this Act, the following expressions have the meanings
hereby respectively assigned to them, that is to say:-
‘‘Hospital’’ includes a clinic, dispensary or other institution for
the reception of the sick whether as in-patients or as out-patients;
‘‘The Minister’’ means the Minister of Health;
‘‘The National Radium Trust’’ means the body incorporated by that name
by royal charter.
(2) In this Act references to persons suffering from cancer shall be
construed as including references to persons suspected so to be suffering. 6. The Public Health
(London) Act, 1936, shall have effect as if section one of this Act, in so
far as it relates to the London County Council, were included in Part IX of
that Act immediately before section two hundred and nineteen thereof, and the
following sections of that Act shall have effect as if references to tubercolosis included references to cancer, namely- (a)
section two hundred and twenty (which provides for the powers of the Minister
in case of failure by the said council to make adequate arrangements for the
treatment of tubercolosis); (b)
section two hundred and twenty-two (which enables the said council to enter
into agreement as respects the treatment of tubercolosis
with other councils); (c) section two hundred and twenty-three (which relates to the
expenses incurred by the said council in the treatment of tubercolosis). 7. The following provisions
shall have effect for the purpose of the application of this Act to (a)
section one of the Act (except subsection (7) thereof) and section two of
this Act shall apply to (i) for any
reference to
(ii) for any reference to a
county borough there shall be substituted a reference to a large burgh within
the meaning of the Local Government (Scotland) Act, 1929, and every other
burgh shall be deemed to be included in the county in which it Is situated;
(iii) any reference to a county or to a county council shall, in the
case of counties combined for the purposes mentioned in subsection (7)of
section ten of the Local Government (Scotland) Act, 1929, be construed as a
reference to the combined county or to the joint county council; (iv)
for references to the Local Government Act, 1929, and to section one hundred
and thirty-five and Part VI thereof, there shall be substituted respectively
references to the Local Government (Scotland) Act, 1929, and to section
sixty-six, section seventy-eight and Part III thereof; for any reference to
section one of the Local Government (Financial Provisions) Act, 1937, there
shall be substituted a reference to section one of the Local Government
(Financial Provisions) (Scotland) Act, 1937; and for any reference to the
thirty-first day of March there shall be substituted a reference to the
fifteenth day of May; (b) for
any reference to the Minister of Health, except in section three of this Act,
there shall be substituted a reference to the Department of Health for
Scotland; (c) a
county or a town council may, for the purpose of any arrangements made by it
and approved by the Department of Health for Scotland under section one of
this Act, exercise the like powers as the council is entitled to exercise for
the purpose of provision of hospitals for persons suffering from infectious
disease; (d) any
expenses incurred by a county or a town council for the purposes of this Act
shall be defrayed in like manner as expenditure incurred by such council
under the Public Health (Scotland) Act, 1897; (e)
section one hundred and forty-seven of the public Health ( (f) subsection (7) of section four shall not apply. 8.(1)
This Act may be cited as the Cancer Act, 1939. (2)
Section one of this Act, in so far as it relates to the council of a county
in England and Wales, other than the London County Council, or to the council
of a county borough, may be cited together with the Public Health Acts, 1936
and 1937, as the Public Health Acts. 1936 to 1939. (3)
Section one of this Act, in so far as it relates to the (4) This
Act shall not extend to Date of posting: 30th January 2007 |
.