C39

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

F265[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.]