35C.—(1) Where an order under section 35B(2), (3) or 35H(3)(b) is made, the Minister shall appoint a guardian ad litem for the child to whom the order relates.

(2) The Minister shall notify the court that made the order under section 35B(2), (3) or 35H(3)(b), as the case may be, of an appointment under subsection (1) as soon as practicable after the making of such an appointment.

F303[(3) The power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem for the child concerned in place of—

(a) a person who stood appointed for the child and whose appointment in relation to that child ceased in accordance with section 35O(2),

(b) a person who was deemed under section 35Q(1) to be appointed for the child and the order pursuant to which he or she was appointed ceased to have effect under paragraph (b)(ii) or (c)(ii) of section 35Q(2),

(c) a guardian ad litem who stands appointed for the child and is unable to perform his or her functions in respect of that child due to the absence or incapacity of the guardian ad litem, or

(d) a guardian ad litem who stands appointed for the child (in this paragraph referred to as the “relevant guardian ad litem”) where it appears to the Minister that there are good and sufficient grounds to so appoint for one or more of the following reasons:

(i) a complaint that relates to the performance by the relevant guardian ad litem of his or her functions under this Act is the subject of an ongoing investigation;

(ii) child safeguarding concerns arise in relation to the relevant guardian ad litem where there has been a report, under section 14 of the Children First Act 2015 or otherwise, of harm (within the meaning of that Act), or the risk of harm, being caused, or having been caused, to a child;

(iii) the child has requested that a different guardian ad litem be appointed for him or her;

(iv) the relevant guardian ad litem has requested that a different guardian ad litem be appointed for the child;

(v) the relevant guardian ad litem, having regard, in particular, to his or her obligations under section 35E(5), agrees that a different guardian ad litem be appointed for the child.]

(4) Where the Minister appoints a guardian ad litem for a child pursuant to an order under section 35H(3)(b), the power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem other than the guardian ad litem previously appointed for the child in the proceedings and to whom the order relates.]