xmlns:atom="http://www.w3.org/2005/Atom"

Part 4Health Board and local authority functions

Chapter 2Local authority functions

Duty to inquire into individual cases

34Inquiries under section 33: co-operation

(1)This section applies where a local authority are required by section 33(1) of this Act to cause inquiries to be made into a person’s case.

(2)Where it appears to the local authority that the assistance of any of the persons mentioned in subsection (3) below—

(a)is necessary for the purposes of the inquiries; or

(b)would assist the inquiries,

the authority may request that person to provide the assistance specified in the request.

(3)Those persons are—

(a)the Commission;

(b)the Public Guardian;

(c)the Scottish Commission for the Regulation of Care;

(d)a Health Board; and

(e)a National Health Service trust.

(4)Where—

(a)a person receives a request under subsection (2) above; and

(b)complying with the request—

(i)would be compatible with the discharge of the person’s functions (whether under any enactment or otherwise); and

(ii)would not prejudice unduly the discharge by the person of any of those functions,

the person shall comply with the request.