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(1)Where it appears to a local authority that an appropriate person could assist the authority in carrying out any of its functions under section 1 or 4, it may require the person to assist the authority in the way specified in the requirement.
(2)An appropriate person need not comply with a requirement made by virtue of subsection (1) if—
(a)it would not be reasonably practicable to do so,
(b)doing so would be incompatible with the person’s functions (whether statutory or otherwise), or
(c)where the person is not a natural person, doing so would unduly prejudice the carrying out of such functions.
(3)For the purposes of this section, a person is “appropriate” if the person is—
(a)another local authority,
(b)a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29),
(c)such other person as may be prescribed by regulations made by the Scottish Ministers.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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