39.—(1) Where it appears to the Council that F29[the Health Service Executive] could, by taking specified action, assist in the preparation or implementation of an education plan in respect of a particular child or assist more generally in the performance of the Council of its functions, then it may, by notice in writing, request the assistance of that board, specifying the action in question.

(2) Before making a request under subsection (1), the Council shall consult with F30[the Health Service Executive.]

(3) F31[The Health Service Executive] shall comply with the request unless it considers that—

(a) the assistance concerned is not required,

(b) compliance with the request would not be compatible with its functions or duties or would unduly prejudice the performance of any of its functions, or

(c) having regard to the resources available to the board it is not possible for it to comply with the request.

(4) Where F32[the Health Service Executive] decides not to comply with a request it shall give notice in writing to the Council of that decision and the reasons therefor.

(5) The Council may appeal against a decision of F33[the Health Service Executive] referred to in subsection (4) to the Appeals Board.

(6) On the hearing of an appeal under subsection (5), the Appeals Board may—

(a) allow the appeal and direct F34[the Health Service Executive] to comply with the request, the subject of the appeal, or

(b) dismiss the appeal.

(7) F35[The Health Service Executive] shall comply with a direction given to it under subsection (6)(a).