C31

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F257[35D.—(1) In proceedings under Part IVA, where a guardian ad litem is appointed for a child pursuant to an order under section 35B(2) or 35H(3)(b), the Minister shall provide, or arrange for the provision, to the guardian ad litem of legal advice and legal representation for the purposes of the proceedings for which the guardian ad litem is appointed.

(2) In proceedings under Part IV, IVB or VI, following the making of an order under section 35B(3) or 35H(3)(b), at the request of the guardian ad litem appointed for the child, the Minister, for the purposes of the proceedings for which the guardian ad litem is appointed—

(a) shall provide, or arrange for the provision, to the guardian ad litem of legal advice, and

(b) may, where he or she considers that it is in the best interests of the child, provide, or arrange for the provision, to the guardian ad litem of such legal representation as the Minister considers appropriate having regard to the matters specified in subsection (3).

(3) In determining for the purposes of subsection (2)(b) whether the provision of legal representation to the guardian ad litem is in the best interests of the child, the Minister shall have regard to:

(a) the views (if any) in relation to legal representation being provided to the guardian ad litem expressed by the court that made the order under section 35B(3) or 35H(3)(b);

(b) whether the guardian ad litem intends to make an application under this Act in relation to the child;

(c) the opinion of the guardian ad litem in relation to any application made in the proceedings;

(d) whether an order has been made under section 35E(11).]