Education Act 1996

322[F1Duty of certain bodies to help local authority.]E+W

(1)Where it appears to a [F2local authority] that [F3another local authority, [F4the National Health Service Commissioning Board, a clinical commissioning group or] a Local Health Board F5...] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of [F6that body] , specifying the action in question.

(2)[F7A body] 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 [F8of those functions by the local authority that made the request] , or

(b)subsection (3) applies.

(3)This subsection applies—

(a)in [F9a case where the request is made] of [F10the National Health Service Commissioning Board, a clinical commissioning group or] a [F11Local Health Board] F12..., if [F13that body] consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 [F14National 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 [F9a case where the request is made] 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 [F15a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board] F16... are under a duty by virtue of subsection (2) to comply with a request to help a [F2local 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.

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 322 title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(a)

F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F3Words in s. 322(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(b)

F4Words in s. 322(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5Words in s. 322(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6Words in s. 322(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7Words in s. 322(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in s. 322(2)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(c)

F9Words in s. 322(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(d)

F10Words in s. 322(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)