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Adoption and Children (Scotland) Act 2007

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This is the original version (as it was originally enacted).

6Assistance in carrying out functions under sections 1 and 4
Explanatory NotesShow EN

(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.

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