Education Act 1993 (repealed)

166 Duty of [F1 Health Authority] or local authority to help local education authority. E+W

(1) Where it appears to a local education authority that any [F1 Health Authority] or local authority could, by taking any specified action, help in the exercise of any of their functions under this Part of this Act, they may request the help of the authority, specifying the action in question.

(2) An authority whose help is so requested shall comply with the request unless—

(a) they consider that the help requested is not necessary for the purpose of the exercise by the local education authority of those functions, or

(b) subsection (3) below applies.

(3) This subsection applies—

(a) in the case of a [F1 Health Authority], if that authority consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 National Health Service Act 1977, it is not reasonable for them to comply with the request, or

(b) in the case of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

(4) Regulations may provide that, where an authority are under a duty by virtue of subsection (2) above to comply with a request to help a local education authority in the making of an assessment under section 167 of this Act or a statement under section 168 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

(5) In this section, “local authority” means a county council [F2 a county borough council], a metropolitan district council, a London borough council or the Common Council of the City of London.

Textual Amendments

F1 Words in s.166 and sidenote substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 124(2) (with Sch. 2 para. 6)

F2 Words in s. 166(5) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 105(1) (with ss. 54(5)(7), 55(2), Sch. 17 para. 22(2), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Commencement Information

I1 S. 166 wholly in force at 1.9.1994; s. 166 not in force at Royal Assent see s. 308(3); s. 166(4) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2 and s. 166(1)-(4)(5) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch.2

Marginal Citations

M1 1977 c. 49.