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, F305[…]

F306[(b) shall provide, or arrange for the provision of, legal representation to the guardian ad litem—

(i) where the court making the order under section 35B(3) or 35H(3)(b) expresses the view—

(I) at the time that order is made, or

(II) at any time after that order is made,

having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice that such representation be provided,

(ii) for the purposes of the guardian ad litem making an application under this Act in relation to the child, or

(iii) where an order has been made under section 35E(11), and]

F307[(c) may provide, or arrange for the provision of, such legal representation as the Minister considers appropriate to the guardian ad litem, having regard to all of the circumstances of the case, including the matters set out in subsection (3).]

F306[(3) Without prejudice to the generality of paragraph (c) of subsection (2), the matters referred to in that paragraph to which the Minister shall have regard include:

(a) the views of the guardian ad litem having regard, in particular, to his or her obligations under section 35E(5);

(b) the nature of additional functions (if any) that the court, under section 35E(2)(d), has directed the guardian ad litem to perform;

(c) the nature and complexity of the evidence that the guardian ad litem may be required to give in the case;

(d) whether the court has made an order under section 25(2) appointing a solicitor to represent the child in the proceedings;

(e) whether the proceedings relate to an application on consent or otherwise;

(f) the nature and complexity of the proceedings.]

F307[(4) Where under subsection (2)(b)(i) the court expresses the view that legal representation be provided to the guardian ad litem that view shall—

(a) where clause (I) of that subsection applies, be recorded in the order under section 35B(3) or 35H(3)(b), as the case may be, and

(b) where clause (II) of that subsection applies, be recorded in an appropriate form.]]