Part 4Health Board and local authority functions

Chapter 2Local authority functions

Co-operation and assistance

31Assistance from Health Boards and others

1

Where it appears to a local authority that the assistance of a Health Board, a Special Health Board or a National Health Service trust—

a

is necessary to enable the authority to perform any of their duties under section 25 or 26 of this Act; or

b

would help the authority to perform any of those duties,

the authority may request the Health Board, Special Health Board or National Health Service trust to co-operate by providing the assistance specified in the request.

2

A Health Board, a Special Health Board or a National Health Service trust receiving a request under subsection (1) above shall, if complying with the request—

a

would be compatible with the discharge of its own functions (whether under any enactment or otherwise); and

b

would not prejudice unduly the discharge by it of any of those functions,

comply with the request.

3

This section is without prejudice to section 21 of the Children (Scotland) Act 1995 (c. 36) (which enables a local authority to require assistance from a Health Board, a National Health Service trust or others in the exercise of the authority’s functions under Part II of that Act).