Version Superseded: 01/09/2022
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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 65 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subsection (2) applies if a local authority requests a person mentioned in subsection (4) to exercise the person's functions to provide the authority with information or other help, which it requires for the purpose of exercising its functions under this Part.
(2)The person must comply with the request unless the person considers that doing so would—
(a)be incompatible with the person's own duties, or
(b)otherwise have an adverse effect on the exercise of the person's functions.
(3)A person that decides not to comply with a request under subsection (1) must give the local authority that made the request written reasons for the decision.
(4)The persons are—
(a)another local authority;
(b)a local authority in England;
(c)the governing body of a maintained school in Wales or England;
(d)the governing body of an institution in the further education sector in Wales or England;
(e)the proprietor of an Academy;
(f)a youth offending team for an area in Wales or England;
(g)a person in charge of relevant youth accommodation in Wales or England;
(h)a Local Health Board;
(i)an NHS trust;
[F1(j)NHS England;]
[F2(k)an integrated care board;]
(l)an NHS foundation trust;
(m)a Special Health Authority.
(5)Regulations may provide that, where a person is under a duty to comply with a request under this section, the person must comply with the request within a prescribed period, unless a prescribed exception applies.
Textual Amendments
F1S. 65(4)(j) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 36(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2S. 65(4)(k) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 233(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Commencement Information
I1S. 65 in force at 2.11.2020 for specified purposes by S.I. 2020/1182, reg. 3(1)(h)
I2S. 65 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))
I3S. 65 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))
I4S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(l) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3;and (21.8.2023) by S.I. 2023/932, art. 3)
I5S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(l), 4 (with art. 1(4))
I6S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(l) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)
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