C35

Prospective affecting provision: section inserted by Guardianship of Infants and Child Care (Amendment) Act 2026 (30/2026), s. 3, not commenced as of date of revision.

F75[12E.—(1) The court may, on an application in that behalf by—

(a) the Child and Family Agency,

(b) the convicted guardian,

(c) another guardian of the child concerned, or

(d) the child concerned,

review an order made under section 12C(3) or 12D(3), as the case may be, where there has been a significant change in the circumstances of the child concerned affecting, or capable of affecting, his or her welfare since the making of the order.

(2) Where the conviction of the convicted guardian for the offence referred to in section 12C(1)(a) or 12D(1)(a), as the case may be, is quashed or set aside by a court (whether or not a retrial for the offence concerned is ordered), the Child and Family Agency shall as soon as practicable apply to the court, and the convicted guardian may so apply, to review an order under section 12C(3) or 12D(3), as the case may be, and the court shall review the order in accordance with this section.

(3) Subject to subsection (4), the court may, in determining an application under subsection (1) or (2), make such order as it considers appropriate regarding the powers and duties of the convicted guardian as guardian of the child concerned, or the appointment or re-appointment of the convicted guardian as guardian of that child, or both.

(4) In determining an application under subsection (2), the court may, notwithstanding the quashing or setting aside of the conviction concerned, determine that the order under section 12C(3) or 12D(3), as the case may be, being reviewed shall remain in effect, if the court is satisfied that for exceptional reasons having regard to the best interests of the child concerned it is appropriate to do so.

(5) Where the court makes a determination under subsection (4), it shall give reasons for its determination in writing.]