Education Act 1996

Changes over time for: Section 322

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Education Act 1996, Section 322 is up to date with all changes known to be in force on or before 06 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13(2)(ba) substituted for s. 13(2)(aa)(b) by 2022 asc 1 Sch. 4 para. 8(2)
s. 15A(3A) inserted by 2022 asc 1 Sch. 4 para. 8(3)
s. 15B(3)(c) inserted by 2022 asc 1 Sch. 4 para. 8(4)
s. 17A functions made exercisable concurrently by S.I. 2014/1012 art. 12(1) Sch. 2 para. 3
s. 17A functions made exercisable concurrently by S.I. 2014/863 Sch. 2 para. 4
s. 17A functions made exercisable concurrently by S.I. 2014/865 Sch. 2 para. 3
s. 17A functions made exercisable concurrently by S.I. 2016/653 Sch. 3 para. 3
s. 17A-17D inserted by 2009 c. 22 s. 45
s. 17B-17D applied by 2009 c. 22 s. 86(8)
s. 457(4)(i)-(iia) repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 457(4)(iii) words repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 508(4) inserted by 2022 asc 1 Sch. 4 para. 8(7)
s. 537AA inserted by 2008 c. 25 Sch. 1 para. 8
s. 548(7A)(7B) inserted by 2008 c. 25 Sch. 1 para. 9(5)
s. 578(1) words repealed by 2005 c. 18 Sch. 19 Pt. 1

[F1322[F2Duty of certain bodies to help local authority.]E+W

(1)Where it appears to a [F3local authority] that [F4another local authority, [F5[F6NHS England], [F7an integrated care board] or] a Local Health Board F8...] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of [F9that body] , specifying the action in question.

(2)[F10A body] 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 [F11of those functions by the local authority that made the request] , or

(b)subsection (3) applies.

(3)This subsection applies—

(a)in [F12a case where the request is made] of [F13[F6NHS England], [F14an integrated care board] or] a [F15Local Health Board] F16..., if [F17that body] consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 [F18National Health Service Act 2006 or the National Health Service (Wales) Act 2006] , it is not reasonable for them to comply with the request, or

(b)in [F12a case where the request is made] 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 [F19a local authority, [F6NHS England], [F20an integrated care board] or a Local Health Board] F21... are under a duty by virtue of subsection (2) to comply with a request to help a [F3local authority] in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.