Article 46 Co-operation between authorities and other bodies

Northern Ireland

(1)

Where it appears to an authority that any body mentioned in paragraph (3) could, by taking any specified action, help in the exercise of any of the authority's functions under this Part, the authority may request the help of that body, specifying the action.

(2)

A body whose help is so requested shall comply with the request if it is compatible with that body's own statutory or other duties and obligations and does not unduly prejudice the discharge of any of its functions.

(3)

The bodies are—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F2the Education Authority ;

(c)

any F3Health and Social Care trust or special agency;

(d)

any district council;

(e)

the Northern Ireland Housing Executive; and

(f)

such other persons as the Department may direct for the purposes of this Article.

(4)

F4Except where paragraph (4A) applies, where an authority complies with a request under paragraph (2) in relation to a child or other person who is ordinarily resident within the area of another authority, the first authority may recover any reasonable expenses incurred by it in respect of that child or person from the other authority.

(4A)

Where an authority ("authority A") complies with any request under Article 46(2) from another authority ("authority B") in relation to a child or other person—

(a)

whose responsible authority is authority B for the purposes of Article 34C or 34D; or

(b)

whom authority B is advising or befriending or to whom it is giving assistance by virtue of Article 35(5)(a),

authority A may recover from authority B any reasonable expenses incurred by it in respect of that person.

Para.(5) rep. by 1996 NI 1

Annotations

Textual amendments

F1: Art. 46(3)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 159; S.R. 2022/102, art. 2(b)
F2: Words in art. 46(3)(b) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(4) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3: Words in art. 46(3)(c) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F4: 2002 c. 11 (NI)