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Education (Additional Support for Learning) (Scotland) Act 2004

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This is the original version (as it was originally enacted).

23Other agencies etc. to help in exercise of functions under this Act

This section has no associated Explanatory Notes

(1)Where it appears to an education authority that an appropriate agency could, by doing certain things, help in the exercise of any of the education authority’s functions under this Act, the authority may, specifying what those things are, request the help of that agency.

(2)For the purposes of this Act, each of the following is, in relation to any education authority, an appropriate agency, namely—

(a)any other local authority,

(b)any Health Board, and

(c)any person, or a person of any description, specified for the purposes of this subsection in an order made by the Scottish Ministers.

(3)An appropriate agency must comply with a request made to it under subsection (1) unless it considers that the request—

(a)is incompatible with its own statutory or other duties, or

(b)unduly prejudices the discharge of any of its functions.

(4)The Scottish Ministers may by regulations provide that, where an appropriate agency is under a duty by virtue of subsection (3) to comply with a request made to it under subsection (1), the agency must, subject to such exceptions as may be provided in the regulations, comply with the request within such period as is specified in the regulations.

(5)Where it appears to an education authority that, by doing certain things in the exercise of any of their other functions (whether relating to education or not), they could help the exercise by them of their functions under this Act, the authority must do those things unless they consider that to do so would—

(a)be incompatible with any of their statutory or other duties, or

(b)unduly prejudice the discharge by them of any of their functions.

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