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The Children (Northern Ireland) Order 1995, Section 46 is up to date with all changes known to be in force on or before 31 August 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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46.—(1) Where it appears to an authority that any body mentioned in paragraph (3) could, by taking any specified action, help in the exercise of any of the authority's functions under this Part, the authority may request the help of that body, specifying the action.
(2) A body whose help is so requested shall comply with the request if it is compatible with that body's own statutory or other duties and obligations and does not unduly prejudice the discharge of any of its functions.
(3) The bodies are—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)[F2the Education Authority] ;
(c)any [F3Health and Social Care trust] or special agency;
(d)any district council;
(e)the Northern Ireland Housing Executive; and
(f)such other persons as the Department may direct for the purposes of this Article.
(4) [F4Except where paragraph (4A) applies,] where an authority complies with a request under paragraph (2) in relation to a child or other person who is ordinarily resident within the area of another authority, the first authority may recover any reasonable expenses incurred by it in respect of that child or person from the other authority.
[F4(4A) Where an authority ("authority A") complies with any request under Article 46(2) from another authority ("authority B") in relation to a child or other person—
(a)whose responsible authority is authority B for the purposes of Article 34C or 34D; or
(b)whom authority B is advising or befriending or to whom it is giving assistance by virtue of Article 35(5)(a),
authority A may recover from authority B any reasonable expenses incurred by it in respect of that person.]
Para.(5) rep. by 1996 NI 1
F1Art. 46(3)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 159; S.R. 2022/102, art. 2(b)
F2Words in art. 46(3)(b) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(4) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 46(3)(c) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
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