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
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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.