Section 34 Inquiries under section 33: co-operationI1

Scotland

(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;

F1(ba)

Healthcare Improvement Scotland;

F2(c)

Social Care and Social Work Improvement Scotland;

(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.

Annotations

F1: S. 34(3)(ba) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 32; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
F2: S. 34(3)(c) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 18; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

I1: S. 34 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)