Part 4Health Board and local authority functions

Chapter 2Local authority functions

Duty to inquire into individual cases

I134Inquiries under section 33: co-operation

1

This section applies where a local authority are required by section 33(1) of this Act to cause inquiries to be made into a person’s case.

2

Where it appears to the local authority that the assistance of any of the persons mentioned in subsection (3) below—

a

is necessary for the purposes of the inquiries; or

b

would assist the inquiries,

the authority may request that person to provide the assistance specified in the request.

3

Those persons are—

a

the Commission;

b

the Public Guardian;

F2ba

Healthcare Improvement Scotland;

F1c

Social Care and Social Work Improvement Scotland;

d

a Health Board; and

e

a National Health Service trust.

4

Where—

a

a person receives a request under subsection (2) above; and

b

complying with the request—

i

would be compatible with the discharge of the person’s functions (whether under any enactment or otherwise); and

ii

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

the person shall comply with the request.