Part 4

Health Board and local authority functions
Chapter 2

Local authority functions

Duty to inquire into individual cases

Inquiries under section 33: co-operation
34
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.
S. 34 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)