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Child Care Act 1991
F312[Authorisation
35L.—(1) Subject to this section, the Minister may issue an authorisation in writing to such and so many persons as the Minister considers appropriate to perform the functions conferred on a guardian ad litem by or under this Act.
(2) A person will not be considered appropriate for the purposes of subsection (1) unless—
(a) the person is a member of a class prescribed under subsection (3)(a), and
(b) subject to subsection (3)(c), the person satisfies such requirements as may be specified under subsection (3)(b).
(3) The Minister may by regulations—
(a) prescribe a class or classes of persons who, in the opinion of the Minister, are suitable to be guardians ad litem,
(b) specify the requirements that a member of a class or classes prescribed under paragraph (a) shall satisfy in order to be considered appropriate for the purposes of subsection (1), and
(c) provide for exemptions from any requirement referred to in paragraph (b) for a specified class or classes of persons.
(4) When prescribing a class or classes of persons under subsection (3)(a), the Minister shall have regard to—
(a) the functions to be performed by guardians ad litem under this Act, and
(b) the qualifications, minimum level of professional experience, training and expertise of such class or classes of persons.
(5) When specifying requirements under subsection (3)(b) and providing for exemptions under subsection (3)(c) in respect of such requirements, the Minister shall have regard to—
(a) the functions to be performed by guardians ad litem under this Act, and
(b) the promotion of high professional standards and good practice on the part of guardians ad litem.
(6) Where the Minister is considering issuing an authorisation to a person, the Minister may request the person to provide the Minister with such information as the Minister may require in order to decide whether to issue the authorisation and the person shall comply with the request concerned.
(7) Where in the opinion of the Minister a person fails without good cause to comply with a request under subsection (6), the Minister may have regard to such failure when considering whether to issue an authorisation to the person.]
Annotations
Amendments:
F312
Inserted (23.06.2026) by Child Care (Amendment) Act 2022(21/2022), s. 7, S.I. No. 208 of 2026.
Modifications (not altering text):
C94
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
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(j) any other necessary modifications.
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Editorial Notes:
E118
Power pursuant to subs. (3) exercised (23.06.2026) by Child Care Act 1991 (Section 35L(3)) (Prescribed Classes) Regulations 2026 (S.I. No. 288 of 2026), in operation as per reg. 1(2).