# Mental Health (Care and Treatment) (Scotland) Act 2003, Section 34: Inquiries under section 33: co-operation

Extent: S

(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;
(ba) Healthcare Improvement Scotland;
(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.

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Source: https://www.legislation.gov.uk/asp/2003/13/section/34 (the official version)
Page: https://openlegislation.uk/mental-health-care-and-treatment-scotland-act-2003/section-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.