Version Superseded: 08/02/2000
Point in time view as at 01/11/1996. This version of this provision has been superseded.
Education Act 1996, Section 322 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)Where it appears to a local education authority that any Health Authority or local authority could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of the authority, specifying the action in question.
(2)An authority whose help is so requested shall comply with the request unless—
(a)they consider that the help requested is not necessary for the purpose of the exercise by the local education authority of those functions, or
(b)subsection (3) applies.
(3)This subsection applies—
(a)in the case of a Health Authority, if that authority consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1National Health Service Act 1977, it is not reasonable for them to comply with the request, or
(b)in the case of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.
(4)Regulations may provide that, where an authority are under a duty by virtue of subsection (2) to comply with a request to help a local education authority in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.
(5)In this section “local authority” means a county council, a county borough council, a district council (other than one for an area for which there is a county council), a London borough council or the Common Council of the City of London.
Marginal Citations
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