(1)Where it appears to a local education authority that any [F1Local Health Board] [F2Primary Care Trust] 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 [F3board,] authority [F2or trust], specifying the action in question.
(2)An authority [F4, a board] [F5or a trust] 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 [F6Local Health Board] [F7or Primary Care Trust], if that [F8board] [F7or trust]consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 [F9National Health Service Act 2006 or the National Health Service (Wales) Act 2006] , 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 [F10, a board] [F11or a trust] 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.
Textual Amendments
F1Words in s. 322(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(a)
F2Words in s. 322(1) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(a)(i)(ii) (with s. 2(5))
F3Words in s. 322(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(a)
F4Words in s. 322(2) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(b)
F5Words in s. 322(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(b) (with s. 2(5))
F6Words in s. 322(3)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(c)
F7Words in s. 322(3)(a) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(c)(i)(ii) (with s. 2(5))
F8Word in s. 322(3)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(c)
F9Words in s. 322(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 182 (with Sch. 3 Pt. 1)
F10Words in s. 322(4) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(d)
F11Words in s. 322(4) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(d) (with 2(5))
Marginal Citations