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;

F1(ba)

Healthcare Improvement Scotland;

F2(c)

Social Care and Social Work Improvement Scotland;

(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.