Part 1Adoption

Chapter 1The adoption service

The adoption service

6Assistance in carrying out functions under sections 1 and 4

1

Where it appears to a local authority that an appropriate person could assist the authority in carrying out any of its functions under section 1 or 4, it may require the person to assist the authority in the way specified in the requirement.

2

An appropriate person need not comply with a requirement made by virtue of subsection (1) if—

a

it would not be reasonably practicable to do so,

b

doing so would be incompatible with the person’s functions (whether statutory or otherwise), or

c

where the person is not a natural person, doing so would unduly prejudice the carrying out of such functions.

3

For the purposes of this section, a person is “appropriate” if the person is—

a

another local authority,

b

a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29),

c

such other person as may be prescribed by regulations made by the Scottish Ministers.