Part 4

Health Board and local authority functions
Chapter 2

Local authority functions

Co-operation and assistance

Assistance from Health Boards and others
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1
Where it appears to a local authority that the assistance of a Health Board, a Special Health Board or a National Health Service trust—
a
is necessary to enable the authority to perform any of their duties under section 25 or 26 of this Act; or
b
would help the authority to perform any of those duties,
the authority may request the Health Board, Special Health Board or National Health Service trust to co-operate by providing the assistance specified in the request.
2
A Health Board, a Special Health Board or a National Health Service trust receiving a request under subsection (1) above shall, if complying with the request—
a
would be compatible with the discharge of its own functions (whether under any enactment or otherwise); and
b
would not prejudice unduly the discharge by it of any of those functions,
comply with the request.
3
This section is without prejudice to section 21 of the Children (Scotland) Act 1995 (c. 36) (which enables a local authority to require assistance from a Health Board, a National Health Service trust or others in the exercise of the authority’s functions under Part II of that Act).